Governor Terry McAuliffe has approved a new law to make it easier to sue online mudslingers.

The governor’s March 16 signature will add extra time for victims of anonymous Internet defamation to learn the identities of their tormentors.

The current one-year limitations period for defamation lawsuits can operate as a bar to litigation.

http://valawyersweekly.com/2015/03/26/law-aims-to-help-victims-of-online-libel/


The new law arose from an ill-fated defamation suit Fairfax attorney Andi Geloo brought against anonymous posters on Fairfax Underground.

Virginia's one-year statute of limitations elapsed before Geloo was able to identify the posters.

Although filing suit ordinarily tolls the statute, filing against "John Doe" defendants does not.

Geloo approached Del. David B. Albo (R-Dist. 42) about the "loophole" in the law that ended her case, and helped to draft the legislation that has now been signed into law.

As internet law commentator Jonathan D. Frieden explains:

The reform should make it easier for victims of Internet defamation to recover for damages resulting from such conduct. Federal law provides a broad immunity for website operators that publish statements crafted by third-parties, so a victim of Internet defamation typically has no recourse except against the individual posters who created the content. Most of those posters post anonymously, so plaintiffs have to engage in some sleuthing to discover their identities within the year provided to bring suit. Virginia's new law gives those plaintiffs some breathing room, as long as they are diligent.

ARE YOU PROUD OF YOURSELF NOW Wrote:
-------------------------------------------------------
> Governor Terry McAuliffe has approved a new law to
> make it easier to sue online mudslingers.
>
> The governor’s March 16 signature will add extra
> time for victims of anonymous Internet defamation
> to learn the identities of their tormentors.
>
> The current one-year limitations period for
> defamation lawsuits can operate as a bar to
> litigation.
>
> http://valawyersweekly.com/2015/03/26/law-aims-to-
> help-victims-of-online-libel/
>
>
> The new law arose from href="http://www.fairfaxunderground.com/forum/read
> /40/1708737/1708737.html#msg-1708737">an ill-fated
> defamation suit Fairfax attorney Andi Geloo
> brought against anonymous posters on Fairfax
> Underground.
>
> Virginia's one-year statute of limitations elapsed
> before Geloo was able to identify the posters.
>
> Although filing suit ordinarily tolls the statute,
> filing against "John Doe" defendants does not.
>
> href="http://www.fairfaxtimes.com/article/20150116
> /NEWS/150119570/1117/fairfax-attorney-claims-she-w
> as-defamed-anonymously-by-fellow&template=fairfaxT
> imes">Geloo approached Del. David B. Albo (R-Dist.
> 42) about the "loophole" in the law that ended her
> case, and helped to draft the legislation that
> has now been signed into law.
>
> As internet law commentator href="http://ecommercelaw.typepad.com/ecommerce_la
> w/2015/03/new-virginia-law-eases-pursuit-of-anonym
> ous-internet-defamers.html">Jonathan D.
> Frieden explains:
>
>

The reform should make it
> easier for victims of Internet defamation to
> recover for damages resulting from such conduct.
> Federal law provides a broad immunity for website
> operators that publish statements crafted by
> third-parties, so a victim of Internet defamation
> typically has no recourse except against the
> individual posters who created the content. Most
> of those posters post anonymously, so plaintiffs
> have to engage in some sleuthing to discover their
> identities within the year provided to bring suit.
> Virginia's new law gives those plaintiffs some
> breathing room, as long as they are
> diligent.

oops

"So what can an awesome personal injury and medical malpractice attorney that really understands tort law do for internet defamation claims? Well, he can point all the claims that are barred by statues of limitations. An individual can't make claims in 2015 for statements that were made in 2012 and 2013 for starters." - eesh