While posting a message that a classmate has contracted AIDS, has sex with animals, and has turned into the devil certainly can be considered a form of "cyberbullying," a New York judge ruled that it is not defamation, according to a MediaPost article.
Judge Randy Sue Marber dismissed a lawsuit against four teenagers who were accused of defamation when they made those comments about classmate Denise Finkel:
"The entire context and tone of the posts constitute evidence of adolescent insecurities and indulgences, and a vulgar attempt at humor. What they do not contain are statements of fact."
As far as the judge's second statement is concerned, New York personal injury lawyers would say that false statements are indeed the basis of defamation.
But Judge Randy Sue Marber clarified her ruling by stating that an ordinary reader "would not take [the comments] literally to conclude that any of these teenagers are having sex with wild or domestic animals or with male prostitutes dressed as firemen." This case shows the difficulty in determining when false statements cross the line and become serious assertions of fact.
The judge in the current case also dismissed a lawsuit against the teenagers' parents, which accused them of negligent supervision by allowing their kids to use a "dangerous instrument." She quickly ruled that a computer is not a dangerous instrument.
In a similar case, Judge Joan Madden in New York allowed a defamation suit to be brought against a "Skanks in NYC" blogger whose comments may have led readers to believe the plaintiff was promiscuous, thus damaging her reputation.
Mark Altshul, Denise Finkel's New York personal injury lawyer, said his client is considering whether or not to appeal.
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