Website slander

Note: all parties are Turkish citizens, living in Turkey.


A small website design and software progamming start-up is in its sixth monthof operations and just beginning to make a name for itself and make some profit.

A few months ago a client came from another company, unhappy because the other company could not deliver the project. So the new company took the project, finished it and the client went away happy.

Now the second company has posted on two conusmer forums (and possibly on Facebook)about how the first company is cheating and deceiving everyone. They have also stolen his opening web page, presented it as their own and purposely cheated clients so it reflects back to the first company.

On Google search, the first company comes up first, as it should, but then these two forum websites come up right after with these criticisms and complaints in full site. The rate of new clents has dropped noticeably and the owner is worried and demoralized (That is when ı offered to do some reseaarch into Tukrish Internet law)

The owner of the first company has written to both web hosting sites and demanded that the fake accounts be removed, the lies removed and the identities of the people revealed but he can get no answer.

I think there must be a legal solution to this. Any ideas?

Related to defamation and damage , you should contact to a lawyer .After approval to prosecutor , These contents will be removed from these Internet sites

I suggest having your legal counsel handle this matter, since it risks litigation.

Having said that, defamation is not one of the crimes for which a prosecutor can issue a decision to block access to the web page. The hosting company is not liable for the acts and violations of content providers (the second company, in your case). They also are not obliged to reveal the identities of the users - they seldom have that information anyway. The hosting company which your client has contacted may at their discretion choose to cooperate, but again they are not obligated. You may also contact the second company directly and demand the removal of the defamatory content. If you do not receive any word from either of the host or the user within 2 days, you may file the same demand at the court. The judge is required by law to decide on the matter within 3 days, an ultra fast process by any standard.

Hope this helps, but please note that you should definitely let your counsel handle this case, and this web site is not intended to be, and you should not rely on any materials on here as, a source of legal advice.

Dear Friend,

I know very well that is hard to hear the reality but companies that have small budget to hire a lawyer or use legal advisor for their business. I hear the same story too much times in my everyday practice and prefer not to answer the questions because it would not be helpful with the information provided.

Thus, I suggest you strongly to take the problem into a fridge and keep it in there a few days. In the meanwhile, urge the other company that violate your rights in this matter and keep your good wills and relations with your client.

Sincerely,

Av. Savas TUNCA,
NJ, the USA
savtun@gmail.com