And we start with a california couple who say their lives were turned upside-down, by a malicious internet post. Some accusing the husband of being unfaithful and posting his picture on a site that... See More
And we start with a california couple who say their lives were turned upside-down, by a malicious internet post. Some accusing the husband of being unfaithful and posting his picture on a site that supposedly exposes cheaters. Now, the couple is fighting back. They've filed a federal lawsuit. That's why this guy is here. Abc's chief legal anchor, dan abrams. Figure this out. Good morning, guys. This website is called cheaterville. As you can imagine, it's not the kind of place you want to be mayor or even mentioned. Now, a sacramento couple aren't just complaining. They're going a step further and suing the people responsible for the anonymous post, along with pictures. And they say, it was all based on a lie. Jared powers and winona valdez have been married since 2009. They say happily and faithfully. We're very private people. We have an honorable marriage. Reporter: When powers decided to google his own name, he says he was stunned to find this posting online about him. Claiming him to be gay, married and having an ongoing affair with another man. And looking for sex on craigslist. Shocked. Angry. Betrayed. Reporter: His wife says someone stole her photos from facebook and posted them to cheaterville.Com. Last year, cheaterville founder, james McGibney, told abc's neal karlinsky, he started the website not to hurt anyone. But to let people know more about who they're dealing with. It was not started for revenge or malicious intent. It was designed to warn people. And I'm never going to change that thought. Reporter: But powers and valdez says this is not about warnings but about defamation. The couple filed a lawsuit against the anonymous posters, alleging they suffered severe distress, loss of reputation and economic damages. We want to know who did this. Reporter: The attorney for cheaterville says that the claim is false, he welcomes the suit, against those who posted the story. But that their site isn't legally responsible for the content posted by third parties. If you defame somebody on facebook. Facebook isn't liable. Liability attaches to the person who made the statements and that person only. Reporter: But the couple's attorney says they're still considering suing cheaterville, as well. Alleging it goes further than just allowing people to air their gripes, which would probably be legal. He says, they actually help users create content, which could leave cheaterville legally responsible for what gets posted on the site. Because cheaterville bases its business plan specifically around attracting slanderous, libellous comments. Cheaterville said it gave the i.P. Address, the person who posted the picture. The couple says they don't know who it is. But winning a suit against the site could be tough because showing that they actually helped create the content may not be easy. But if the information is false, why would it be tough? There's a specific law in place that protects sites from user-generated content. The point is, you unit get sued and held responsible every time a commenter says something. If they can show that they're actually involved in the creation of the content, that could make it a stronger case. Okay. Decidedly anti-social media. Yeah. Thanks for that.
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