Naming and shaming on the internet - is it legal?

[O'Reilly]

I lent a considerable sum of money to a friend who lives abroad. The promised repayment date has long since passed and no repayment has been made and all my emails are ignored so maybe it is time to name and shame them on the WWW as I have to hand the emails and expanding them show the email addresses/sender/recipient/email content. This person I have corresponded with daily for 5 years up until last month when all her emails to me ceased so its not a question of responding to some daft Nigerian scam and being seen off. I have met the person but she has taken me for a ride and bled me dry so comes the time to name and shame and cause worldwide humiliation and embarrassment. Despite the fact I can prove everything am I leaving myself wide open to any defamation of character laws or whatever in naming and shaming? I intend writing as "her" and taking the pi$$ out of myself as to how I conned a disabled unemployed friend out of $20,000 - will I get away with this type of naming and shaming?

[Ethel]

First of all can you PROVE this was a loan and not a gift?

All you could be guilty if you pursued this would be libel - which is not a criminal offence and the injured party would have to sue you in the civil court - impossibly expensive and pointless if you have no assets to compensate this person.

And the friend would have to prove you are lying. It is no offence to publish a truth.

Be very careful about publishing email addresses or home addresses though - that could be very sticky ground.

[O'Reilly]

Hello there Ethel - I think you are the legal bod here? Oh I can prove it was a loan and I have emails thanking me for a loan and also giving a repayment date, that was amended to another date, and then an email saying more or less "bog off" . I intend naming and shaming with photos of that person but certainly not giving their home address and only part of their email address. I am now residing in England and the friend is in America so I can't see I could sue them easily. I don't think I'll get my money back so thought naming and shaming to be a good alternative - worldwide humiliation sorta thing.

Ok, so I can publish the truth and prove it (but omit a full address or ISP details) and that would be fair I think - especially with photos of that person for all to see. I don't think I am the first to be seen off but I don't want anyone losing a lot of money.

Thank you Ethel for your help and advice. I'm much obliged to you.

[Ethel]

I don't necessarily agree with your plans, but I do sympathise.

Good luck.

[Buenchico]

It's not civil law (defamation) which you need to worry about. It's criminal law (harassment).

It's a criminal offence to harass anyone for the repayment of debt. For example, several newsagents in Sheffield used to display large signs about unpaid bills for newspaper deliveries. (e.g.. "David Bloggs, of 32 Aspen Way, owes this shop �52.35). The police visited all the newsagents and advised them that they would be prosecuted unless they removed the signs and agreed not to display such signs in the future.

Your proposed actions sound very similar to the newsagents' tactics and could place you at risk of being prosecuted.

Chris

[LeMarchand]

I'm not doubting Buenchico's account (or legal knowledge!), just commenting that it seems unfair that people can defraud others and then be protected by the police. Surely it should only be "harassment" if the non-paying party is constantly chased for the money owed. Could I not pay back my mortgage and claim that the mortgage firm was harassing me for money when my house was repossessed? For that matter, was the paper that published those paedophiles' names sued for harassment?

Anyway, rant over. I'd be very tempted to take action along the lines that you plan myself, but do agree that you may (unfortunately) be on a sticky legal wicket. For that sort of money, if I had/could get knowledge of a couple of "heavies" in her area, I'd be tempted to take extra-legal action. (Which could, of course, backfire totally so it would remain a temptation).

[Neilzulu1]

Why in Gods name did you lend someone this amount of money ? You have been taken for a ride, and have no chance of getting your money back.

By the way, have you got a spare tenner ? LOL.

[stefos]

Go for it! I threatened to 'spill the beans' about a botched job by a local tradesman on a local newsgroup. The work was quickly rectified.
I don't know if I could have done it but the implied threat was enough..

Good luck

[boobesque]

worldwide shame? where are you going to post these pictures and story?

[tiggerblue10]

Hello O'Reilly, I can sympathise with you there. Something similar happened to me some years ago now. I signed a credit agreement for a person who I thought was my friend. He wanted to buy a computer but couldn't get credit so I stupidly did it for him although he was paying for it by direct debit. After the first 6 months he cancelled the direct debit and from then I used to get phone calls from the bank demanding the money. I also used to get default notices sent to me and the threat of repossesion. This carried on for 2 years and caused me to get a bad credit rating which I had never had before. The whole situation caused me a lot of stress and affected my personal and work life.

This left a bad taste in my mouth I will NEVER lend anyone any money or do something so stupid as signing a credit agreement again (apart from my close family of course for which I wouldn't ask for it back).