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Need advice on possible defamation of character/breach of privacy suit

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CuriousInCO

Junior Member
What is the name of your state (only U.S. law)? Colorado

Long story short, I attended and performed at a local rave event this last weekend where someone OD'd on drugs and died. I did not know this person, and I was not even at the event when this took place. Last night one of the local news stations ran a story about the death and cited a message board ran by one of the promoters of said event that I was a member of. During the news story they showed screenshots of this message board that showed my screen name and the real name of one of my friends, with nothing blurred out. The context of the message shown was not illegal in any way, but was twisted by the reporter and anyone watching could easily be lead to believe that I was involved in illegal activities. My screen name is also my performing name, therefor many people were able to make the connection when they saw it.

Might I have a case based on this? I can provide a link to the video of this story if need be. I'm not out to do anything more than make sure my name isn't tarnished in the name of sensationalist media.
 


quincy

Senior Member
Whether you have any action worth pursuing really depends on how the reporter "twisted" the story to imply you were involved in illegal activities. Without seeing the actual video and how the story was presented, it is impossible for me to say if there is any defamation here.

One note: As a performer, you would be considered a "public figure" for the purposes of a defamation action. Because of this, you would need to prove that there was "actual malice" demonstrated by the reporter when doing the story - and this is a very very hard element to prove in any case.
 

j991

Member
Whether you have any action worth pursuing really depends on how the reporter "twisted" the story to imply you were involved in illegal activities. Without seeing the actual video and how the story was presented, it is impossible for me to say if there is any defamation here.

One note: As a performer, you would be considered a "public figure" for the purposes of a defamation action. Because of this, you would need to prove that there was "actual malice" demonstrated by the reporter when doing the story - and this is a very very hard element to prove in any case.

Quincy is right. I doubt that you would have much of a case against the reporter or the station. As long as the report didn't contain any false information the media can "twist" a story to meet their own views or whatever makes the best headlines. The information obtained from any website (i.e. blog, chatroom, myspace) is public domain therefore there is no expectation of privacy and they don't have to omit or hide any information except personal info like a ssn. Call and speak with a local attorney about it, but I don't think you'll have much luck.
 

quincy

Senior Member
The media actually cannot twist a story to "meet their own views or whatever makes the best headlines." That is what leads to defamation actions against them. ;)
 

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