Can I distribute flyers bearing the name and face of an individual and with several true but very damaging statements about that person?

A manager at a large business is guilty of severe misconduct involving a member of my family. I have provided proof and filed a formal complaint with the company’s HR dept, but they seem unwilling to pursue it. Is it stalking or harassment to distribute flyers at some of their locations bearing the manager’s face, name, and a short (factual, provable) list of offenses? The individual will not be on site at the time.

Asked on December 7, 2011 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Don't do this:

1) You claim that you have proof...but if you say a single thing which is potentially a false factual statement or allegation, or even just a factual statement or allegation which could be difficult to prove, you could face liability for defamation. Moreover, even if you have not actually defamed this person, if it "looks like" it may be defamation, the person could at least initiate a lawsuit and force you to spend time and money defending yourself.

2) Allegations which damage the business (e.g. you don't say what the misconduct was, but say it was sexual harassment of some kind; claiming that a manger at a business engaged in sexual harassment could harm that business) could lead to the business trying to sue you for tortious interference with business opportunities or economic prospects.

If you think that what was done was legally wrong, not merely improper, consider bringing a legal action yourself--that is a proper way to redress misconduct.


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