defamation of character, or not?

[SCREWCREDIT]

FLORIDA

An acquaintance, who up until recently was a good friend, is a member of a local law enforcement agency (minimal time investment less than 3 months). I am actively pursuing a position in law enforcement myself.

He possesses a video tape from a new years eve party that shows, well lets just say, an unacceptable and unethical side of conduct in the eyes of the public when carried out by a public official. The event took place over one year ago and its content just overviews the effects of having drank all night. Nothing illegal occurred, it was your typical lower age class "party". It outlines my intoxication level which warranted a particular statement being made containing the "n-word" about an individual that was on television casting some kind of commercial. It was not used indicating racisim or hate but was made to humor. I am impartial when it comes to race or gender type. I am not racist and I know the word is used quite frequently in the world of law enforcement. However, it's not done in the viewing of the public.

While I don't believe this tape would affect my employment before or after hired, it could initiate an incomplete and negative image of my character. Unfortunately, even the private lives of law enforcement officials and those to be, are placed under a magnifying glass for public observance. I do fear this individual could vindictively use this tape against me in an attempt to defame me. Also, what are your thoughts on this issue?

Upon being hired, the last thing I would want is this person to hand the tape to a superior of my agency for review. Of course, with time establishment, it would have a lesser impact per years employed. If my x-buddy decides to go this route, what civil legal action can I take (if any) as a defense measure? The video tape was recorded by another guest attending the party who released a copy of it to this person. The party occurred in the home I was residing in at the time with 2 other inviduals. I was not a legal owner but I was a resident of two months. All 3 of us purchased the home in November of 2000, two months before the party took place.


Thank you for your help.

 

[stephenk]

it isnt defamation because the contents of the tape are your own actions and statement. It may be embarassing to you but not defamation, slander or anything else.

Has this person said they are going to release the tape?

 

[SCREWCREDIT]

The person has not. However, they have been known to be vindictive enough to do such a thing. Whether they will or will not, I do not know. I'm learning criminal law currently but do not have much education in civil liability. I'm surprised it doesn't violate a civil statute of some kind. Merely showing the tape is one thing. Using it as a tool to intentionally create problems, stress, or embarassment in different aspects of life should, in my opinion, be governed by a statute of some kind.

 

[stephenk]

Intent does not matter unless he was extorting or blackmailing you. Your actions were done in front of many people. The people who witnessed your drunken acts and heard your comments can tell others what you did and you would have no recourse against them because they would be telling the truth. the video is no different than people talking about your actions.

Just because the truth causes stress, embarassment, or general problems in your life is something that could be prevented in only one way -- dont do or say things in front of others that can come back and bite you.

Dont you think filing some kind of civil complaint or attempting some criminal charge against this person isn't going to result in the tape being released and the contents revealed to the public?

 

[SCREWCREDIT]

It absolutely would but you would file the law suit after the damage was already done anyway, would you not?

So at that point it wouldn't even matter if the tape was exposed to a few more individauls of the public.

And as far as not doing or saying anything in front of someone that could come back to haunt you, well that might be your theory and anyone who elects to utilize it will find themselves living under a rock.

The truth of the matter is I've over contemplated this situation. Anyone who is going to say they've never used vulgar, profane, or insulting phrases before at any given time is about a damn liar. And thats exactly what this thread was about. Screw him, and the horse he rode in on. If he does create problems for me, they'll be returned legally but harshly. Your only limit in life is your mind. Hopefully, Mommy taught fire safety rules.

 

[stephenk]

"And as far as not doing or saying anything in front of someone that could come back to haunt you, well that might be your theory and anyone who elects to utilize it will find themselves living under a rock."

The difference is when a person is in a public position (such as yourself) or their acts could result in a loss of job or other valuable consideration, then their public actions must be muted to some extent.

No one says you have to live under a rock, just tone it down a bit.