Fake Facebook Profile Leads to Defamation Lawsuit Against High School Students

Posted by: Frederick Lane

An Illinois lawsuit underscores both the growing role of computer forensics in the public schools and the potential severe consequences of cyberbullying, both for the perpetrators and the victim.

According to the complaint (a copy of which is available on Scrib.com), four individuals identified only by their initials -- R.C, A.G., K.Z., and M.S. -- decided to set up a fake Facebook profiled under the name of a fellow classmate, designated in the complaint as "John Doe." The four pranksters lent credibility to their fake profile by using actual photos of the plaintiff, including actual contact information (including his cellphone number), and listing various activities and athletic teams in which he participated. The page was sufficiently believable that nearly 600 of Doe's schoolmates joined as "friends."

By itself, that would have been disturbing enough, but the perpetrators went further. They used the profile to send disturbing and offensive messages in Doe's name, ones which created the impression that Doe was racist, sexist, and crude. Not surprisingly, the comments attracted a lot of negative attention for Doe on the social networking site and in school.

The complaint, which was filed by Doe and his mother, Laura Cook, alleges that through their actions, R.C, A.G., K.Z., and M.S. defamed Doe and caused him severe emotional distress. The plaintiffs also allege that some of the damage may be immeasurable -- at least one college athletic recruiter raised concerns about the content of the Facebook profile, and an unknown number of college recruiters may have been discouraged from pursuing Doe.

According to a report on ars technica, Doe (and his siblings) felt it necessary to change athletic clubs and rearrange school schedules in an effort to avoid contact with the defendants. The family also reportedly incurred considerable expense investigating the case and in their efforts to get Facebook to take down the fake profile. The lawsuit seeks unspecified damages in excess of $50,000.

Cyberbullying is one of the most challenging issues facing school districts these days; while the consequences are frequently felt in the classroom, the offense itself typically occurs off school property. Better education of both parents and students is part of the answer, but school districts also need to be aggressively proactive in developing policies for handling incidents such as this.

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