IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JERMAINE CARLOS DIAZ, Plaintiff’ Counterdefendant, Vv. CASE NO: 2019-CA-8025-O RAYON SHERWIN PAYNE, d/b/a FOLKSALERT APP. Defendant/ Counterclaimant. / DEFENDANT’S MOTION Fé MAI (ENT COMES NOW RAYON SHERWIN PAYNE d/b/a FOLKSLAERT APP, “Defendant/Counterclaimant,” Pro Se, in the above cause hereby moves for Summary Judgment under Florida Anti-Slapp Statute § 768.295 on ALL Counts in Plaintiff/Counterdefendant Complaint and Defendant/Counterclaimant Counterclaim because Defendant activity which give rise to the cause of action is protected activity by the First Amendment of the United States and the Florida Constitution, under freedom of speech on issues of concern to the public, and thus bringing and allowing this action move forward is a violation of Florida Anti-Slapp Statute §768.295, and that [he’s] entitled to Summary Judgment as a matter of law, Fla. R. Civ. P. 1.510(¢). In support, DefendanCounterclaimant file this motion in support, together with Memorandum of Law, Notice of Authenticity and attached exhibits is simultaneously filed; Defendant/Counterclaimant also rely on all evidence of record previously submitted in this case.Defendant’s Motion for Summary Judgment. .........0.0..06000 00 Table of Authorities.......... Summary Judgment Introduction. ........... 0.6.00 .0006 Procedural History.........0..0... 00000005 TABLE OF CONTENTS Statement of Undisputed Facts.........0002..0000c00eeecseseeeeveseeeeeecceeeee ceee Legal Standard .........000000seecees Arguments.......... vee tee eee cenee eee ARS aw Defendant is a Media Defendant as Defined Under Fla. Stat. § 770.01 . Plaintiff is a Register Sex Offender/ Convicted Sex Trafficker .. Plaintiff is A Public Figure . Videos Post To Folksalert App. Youtube Page Are Not Defamation . 26 Phone Calls Were Not Recorded Mlegally ..... a Plaintiff Conspired With Others And Committed Aggravated Cyberstalking .. 8 Plaintiff's Involvement In Prostitution/ Human Trafficking Activities ........... a Defendant Action Was Not Tortious Interference of Business ....... 213 Plaintiff Filed Multiply llegal DMCA Claims To. Suppress Defendant's Speech And Harm His Business Opportunity ......... .. 14 lS 16 Diaz Defamation Claims Are Barred by the Florida Retraction Statute .............16 Diaz Lawsuit Violate Florida Anti Slapp Statute §768.295 ..... 7 Diaz Complaint is Void of Legal Reasoning and Factual Support... 19 The Statements are True : 19 Diaz Cannot State a Viable Defamation Claim . : -20 Diaz Has Failed to State a Claim with Respect to Ary of the Youtube Video at Issues -. 22 Diaz Is a Public Figure . . Diaz Tortious Imerference with Business Claims... Diaz Florida Statute § 934.03 Violation Claims .........10, Diaz Cyberstalking Injunction Claim ........000ee005 Conclusion. ...... Certificate of Service........TABLE OF AUTHORITIES CASES PAGE New York Times Co. v. Sullivan 376 U.S. 254, (1964)... beet tttteee terete Orlando Sports Stadium, Inc. v, Sentinel Star Co.. 316 So. 2d 607, 610 (Fla. 4th DCA 1975). . 16 Gannett Fla. Corp. v. Montesano. F. Supp. 1468, 1474-75 (S.D. Fla. 1987)... weeteees 16 Don King Prods. 40 So. 34 at 43.0.2 260 ceecseeeeeee ceeeseeseee seetneeeenen 21,23 Mile Inc v. P Publ'g 811 So. 2d 841, 845 (Fla, 4th DCA 2002)..... 21 Byrd v. Hustler Magazine. Inc... 433 So. 2d 593, 595 (Fla. 4th DCA 1983)... veeesees 2 Smith, 731 So. 2d at 705...... 221 Byrd, 433 $0, 2 at 595..00.00 eeceeeeteeee eeeeeee ceviteeees eesseeeee el Phila. Newspapers. Ine, v, Hepps, 475 U.S. 767, 775-76 (1986). 222 ‘Smith, 731 So. 2d at 706... 0... oseeceeeeeeeeteeeeteee ee soe cree ee 2 Geertz. v. Robert Welch, Inc. 418 U.S. 323, 344-45 (1974). .. 2 Mile Marker, 811 So. 2d at 845.02... 0 cc0eeeeeece cettettetees ceeeesserees = 22,23 Gertz, 418 U.S. at 342. . -23 Trotter-v, Jack Anderson Enters., Ine, 818 F.2d 431, 433 (Sth Cir. 1987)... we BB Tavoulareas v. Piro, 817 F.2d 762, 772 (D.C. Cit. 1987)..00c20 ceeeeeeccee cee eeee en 28 Gertz, 418 U.S. at 345. 223 ‘Amold v, Taco Props., Inc., 427 So. 2d 216, 218 (Fla. Ist. DCA 1983). 00.0000 sees cee 24 Dameron v. Wash. Magazine, Inc., 799 F.2d 736, 742 (D.C. Cir. 1985)... covers 24Rosanova v. Playboy Enters., Inc., 580 F. 2d 859, 861 (Sth Cir. 1978)... 06. cceee reese 24 Linafelt v. Beverly Enterprises-Florida, 745 So.2d 386, 389 (Fla. 1st DCA 1999)........ ...25 David v. Textor, 189 So. 3d 871(Fla. 4h DCA 2016)........ oo eee won 26 Chevaldina v. R.K./FL Mgmt,, Ine., 133 So. 3d 1086, 1091-92 (Fla. 3d DCA 2014),........ 26 Logue v. Book. So. 3d, 2019 WL 3807987 (Fla. 4th DCA 2019)....... 6. ..cee0 27 Norman Gundel v. Av Homes. Inc, And Avatar Properties, Inc., 18-0899 (Fla. Dist. Ct. App. 2019). ve eee e]5, 28 STATUTE §.S,ATL De 1 § 708.295 ooo eee A115 § T68.295(4) ee ee cette cece cece eee eeeeeee ee cece eee el § 768.295(2)(a), (3) 19 $ TID ce ceinie ce egiSh eRe bette ec eeeeee2,3,16,17 § TAB04B eee cece se enews egezene vie 26 18 U.S.C. § 2250(a) 5 17 US. Code §512....... 00. cette ee een seee weee eee eet satan 1A § 2.4.1 Gded. 2005)... 20 RULES: Rule 1.140(b)(6) ..0... 0 ecee eee eeee sees ceeeeeeeees fence eee 2D i Rule 1.5106)...SUMMARY JUDGEMENT INTRODUCTION 1. This case is about protecting the liberty of all who engage in freedom of speech and enshrined in the First Amendment and is at the core of our civic belief system, Itis a fountain in which all other rights flourish and without which they quickly fade. As it ksives life to every other liberty, it is, in that respect, synonymous with freedom itself 2. As the Court contemplates the merits of Defendant’s motion for Summary Judgment, and specifically the threshold showing that must be made outlined in Florida Anti-SLAPP statute §768.295. It is important to point out what this case is not about. It’s not about defamation but rather disguises as such, this case is about Florida Anti-SLAPP (strategic lawsuits against public participation) and the filing frivolous action brought against Defendant who’s speaking out about issues of concer to the public, Although Defendant is not required to show that there’s no genuine issue of material fact he will still present indisputable evidence showing that absent the Anti Slapp violation Plaintiff could not prevail on a defamation claim or on any claim presented in his action because all statements made are true or supported by substantial truth and Defendant's conduct was legal. A Defendant moving for Summary Judgment under Anti-SLAPP statute §768.295 is only required to show a “prima facie” case and that Defendant's activity is protected by the First Amendment to the United States Constitution and §. 5, Art. I of the State Constitution free speech in connection with public issues. The Plaintiff has one objective by filing this frivolous action to suppress Defendant’s free w speech rights and force Defendant into financial hardship. The court expressed in New York Limes Co. v. Sullivan 376 U.S. 254, (1964)., “libel can claim no talismanicimmunity from constitutional limitations,” but must “be measured by standards that satisfy the First Amendment.” . Last in 2015 Florida Legislature's passage of C.S./S.B. 13121 expands the state’s anti-SLAPP provisions giving courts procedural tools to throw out lawsuits early which violates the Florida Anti-SLAPP statute §768.295 and allowing Plaintiff action to move forward will violate Defendant's constitutional right. PROCEDURAL HISTORY On June 28, 2019, Jermaine Carlos Diaz “Plaintiff” commenced this civil action which he claims that Rayon Sherwin Payne d/b/a Folksalert App. “Defendant” defamed him by posting trailers clips of Plaintiff's documentary and other related posts to his Youtube, ‘Twitter, and Instagram. . On July 16, 2019, Defendant moved to dismiss the complaint for failure to comply with Florida pre notice under Fla. Stat. § 770.01. A hearing was held on July 24, 2019, and the Court denied the motion and ordered Defendant to file his response in 14 days to file his Answer and Affirmative Defense. On August 6, 2019, Defendant filed his Answer and Affirmative Defense, along with his Counterclaim, and three (3) discovery motions, Request to Produce, Request for Admission, and First Set of Interrogatories. . Defendant explain in the pages that follow Plaintiff's complaint should be dismissed because (1) he violated Florida Anti-SLAPP statute § 768.295; (2) he failed to comply with Florida’s retraction statute which precludes his claims with respect to all of the broadcasts post made to Youtube channel: (3) he is a public figure who cannot carry the9. 10. u. burden of demonstrating, by clear and convincing evidence required by the First Amendment, that Defendant's Youtube broadcast was with a high degree of awareness of their probable falsity, or, indeed, that they are false in any material respect; (4) he cannot demonstrate that the Defendant’s Youtube broadcast caused the debilitating damages to his reputation and well-being that he claims are attributable to Defendant; (5) he has failed to meet the burden to prove prima facie defamation case; and (6) for other reasons, he made a false statements in his complaint with respect to material fact, hence the mere filing of this complaint is frivolous in that he cannot prevail on any grounds and this, action is an abuse of Judicial process and Judicial time. Last there is no valid legal basis for Plaintiff's claims since Defendant is exercising his constitutional right of free speech and press in connection with public issues which is protected by Florida Anti Slapp § 768.295. Thus Defendant/ Counterclaimant is entitled to the entry of Summary Judgment in his favor pursuant to Florida Anti Slapp § 768,295. STATEMENT OF UNDISPUTED FACTS Defendant is a Media Defendant as Defined Under Fla. Stat. § 770.01 The Defendant has been involved in media since the mid 90’s in the context of radio personality conducting interviews and providing alternative news which is well known and documented by other media outlets. See Orlando Weekly exhibit (1) Defendant founded the pirate radio station 9Slive (95.9FM) in the Orlando area for which he was later indicted and convicted by the Federal Communications Commission (FCC) for operating a radio network. See FCC exhibit (2)12. Defendant founded Folksalert blog in 2007 where he cover the Pimp and Prostitution subculture which evolved into a streaming app “Folksalert App” which is widely available to the in the Apple and Google Play App Stores. \ce the late 90’s the Defendant has engaged in the dissemination of news and information. He currently host the Folksalert Podcast which covers subject matter about the pimp and prostitution lifestlye, Sex/ Human Trafficking. The podcast is widely avi ible for the public to give feedback on subject matter discussed and the public can access it from the Folksalert App. as well on all major podcast platform such as Apple, Google Play, Spotify, iheartradio and many more, See App Store exhibit (3) 14, Plaintiff himself has admitted that Defendant has been involved in reporting on Pimps since Myspace which he said 12 to 14 years at 3:15. See Media Exhibit CD (CD1-1) 15. The Defendant is the executive producer of the unreleased documentary entitled “The Blue Print - A Dangerous Sex Offender (Young Lace)”. The documentary is about Plaintiff who is a convicted sex trafficker of a minor child and as a result he’s a lifetime register sex offender. a Register Sex Offender/ Convicted Sex Trafficker 16. Plaintiff is a convicted sex trafficker of a minor child and as a result he must register as a sex offender for life. See Fifth Circuit Court of Appeal exhibit (4) 17. A simple Google search of Plaintiff’s name “Jermaine Carlos Diaz” there are multiple images from the Texas Department of Public Safety of Plaintiff, See exhibit (5)18. Plaintiff is the first person to ever be changed and convicted under The Adam Walsh Child Protection and Safety Act for failure to register as a sex offender. He appealed his conviction which was affirmed by the U.S. Fifth Circuit Court of Appeals. See exhibit (6) Diaz. is A Public Figure 19. On January 31, 2002, Plaintiff was found guilty following a jury trial of Transportation of a minor in interstate commerce for purposes of prostitution, aiding and abetting, in Case No. 4:01CR00528-00 in the Southern Dist. Court of Texas (Federal). He received a Fifty-One (51) month sentence to Federal Prison followed by Three (3) years Probation and lifetime requirement to register as sex offender. See US District Court Houston. 20. On April 6, 2005, Plaintiff was arrested by Houston Police for failure to register as a sex offender and subsquently indicted and convicted by the U.S, Attorney for the Souther District of Texas for violation of the Adam Walsh Child Protection and Safety Act, for which he pleaded guilty to one count of failing to register as a sex offender in violation of 18 U.S.C. § 2250(a) he pleaded guilty on January 16, 2008. He appealed to the U.S. Court of Appeals Fifth Circuit which was affirmed and the opinion quote the trial evidence which stats; Diaz enticed the minor and another girl to travel with him from their Arkansas hometown to Houston by telling them that he would find them work there as strippers. Within less than one hour after Diaz and the minor checked into a motel in Houston, Diaz appeared with two other pimps, brandished a handgun, and told the minor that she “was down here to prostitute.” The minor testified that she was “afraid” to disobey. See Fifth Circuit Court of Appeal.21. Plaintiffs arrest made news headlines which KPRC-TV described with the headline title “FBI Busts Teen Sex Ring”. See News Article exhibit (7) 2. Plaintiff's public image, and controversies are well documented on blogs sites, social media platform. Since 2012 to present the Plaintiff the preponderance of evidence show has been involved in criminal and sex trafficking activites; 4, June 6, 2012 - The Houston Pimp - The Dirty — Gossip, where the comments speak of his abuse of women to how great of a pimp he is. See The Dirty exhibit (8) b. During the year of 2016 Plaintiff released the following music and videos where he speak about his sex trafficking activities (1) Young Lace - Got The Juice (2) Young Lace - One Everything. See Media Exhibit CD (CD1-2 and CD1-3) c. Onor around November 7, 2017, had a public dispute with well known Houston rapper Sauce Walka real name Albert Walker Mondane over sex worker Austyn, Monroe real name Shawnee E, Burke all of which was played out on social media, See Walker Video. See Media Exhibit CD (CD1-4) d. On or around November 8, 2017, Plaintiff took to social media to address the dispute with Sauce Walka where he gives details about his pimp and sex trafficking activies with in an 18:12 min diatribe video. See Media Exhibit CD (CD1-5) 23. In Plaintiff’s own words while accepting the MVP award at the 2018 Playerball an annual event where pimps gather he bragg’s and embraces the pimp lifestyle in his acceptance speech while referring to the pimp lifestyle as the “Game” and how he’s done it from coast to coast. See Media Exhibit CD (CD1-6)Videos Post To Folksalert App. Youtube Page Are Not Defamation 24. The Plaintiff cited eighteen (18) videos in his general allegations which he either use excerpts or states that the videos implies he’s (1) a pimp involved with prostitution, (2) involved in sex trafficking (3) dangerous and needs to be stopped from committing crimes, (4) committed the crime of auto theft, and (5) the video trailer or the release of the documentary is a threat, Defendant admits to all statements made in the videos. See Defendant Answer And Affirmative Defense. See Dkt date 8/6/2019. Phone Calls Were Not Recorded Illegally 25. The Plaintiff assertion in his complaint that Defendant illegally recorded his phone calls that statement is completely false and Plaintiff knew or should have known because he ‘was a willing participant in number of interviews which was conducted on or around September 22, 2012 and September 27, 2012, for the Folksalert blog. See exhibit (9) and Media CD3. 26, The Plaintiff has conspired with Warren K. Barconia, Tyler Dickens, and unknown individuals to harass and harm Defendant as outlined below; a. On February 15, 2019, Tyler Dickens made several texts and calls to Defendant from phone# 409-926-2617 and continued after he was told to stop, See exhibit (10 and 10-1) b. On February 16, 2019, Plaintiff called Defendant using an unknown number and made threatening statements. See Media Exhibit CD (CD1-7) c. OnFebruary 17, 2019, Defendant filed a police report with Orlando Police.4. On February 19, 2019, Defendant kept getting more harassing phone calls and text from a number 409-571-2599. See exhibit (I1 and 11-1) €. On February 20, 2019, an unknown gentleman who has been identified as Youtube user “RoyalT nicet” approached Defendant at work. See exhibit (12 and 12-1). £, Also on February 20, 2019, unknown person called Defendant job from phone# 409-926-2617 and 713-257-8226, and made harassing statements. See PSDM Deposition on the docket. g, On February 20, 2019, Plaintiff made three (3) calls to Defendant from a private number where he made verbal threats to Defendant's life part which was recorded. A subpoena to AT&T revealed that number was 713-257-8226. See exhibit Media Exhibit CD (CD1-7). h, On February 22, 2019, Defendant petitioned the court and was granted a temporary restraining order in case no. 2019-DR-2903. Based on the expressed herein Defendant was and is still in fear for his life and saw it necessary to document the harassment by recording, writing and screenshot of text. 27. The Plaintiff made false statements in his complaint. On or around September 27, 2012, Defendant conducted an interview with Pimpin Ken, Young Lace, and Father Divine for the Folksalert blog. The Plaintiff knew this fact is truc but still made a false statement to induce the Defendant into making untrue statements of material fact thus Plaintiff's action is an abuse of the judicial process. See exhibit Media CD3. Plaintiff Conspired With Others And Committed Aggravated Cyberstalking28, Plaintiff conspired with Warren K. Barconia, Tyler Dickens, and other unknown to carry out a coordinated effort to threaten, intimidate to harm Defendant. 29. On or around January 2019 Plaintiff did a Instagram live stream with user “ggovthagovernor” who's real name is Warren K. Barconia who is described in Federal court document as pimp. During said live stream Plaintiff and Mr. Barconia made ‘multiple untrue statements such as Defendant is a “Rapist, Child Molester” and most importantly the said they put a “bag” $S0K on Defendant's head alluding for someone to kill him. See Media Exhibit CD (CD1-8) 30. On February 15, 2019 Defendant began getting harassing phone calls and text from phone 409-926-2617 from a petson identifying himself as Tyler. Defendant texted and asked to stop... See exhibit (10 and 10-1) 31.On February 17, 2019, Counterclaimant filed a police report with the Orlando Police department to document the events of harassment under OPD. 32. On February 19, 2019, up on till February 20, 2019, Defendant began getting more calls and text which he ignored. See exhibit (11 and 11-1) 33, On February 19, 2019, Tyler Dickens send the mother of Defendant’s daughter he stated “Your name came up in our investigation” seeking to obtain information and he sent a video attachment of Defendant work. See exhibit (13, 13-1, 13-2, and 13-3). 34. On February 20, 2019, a black male who was later identified on Youtube by username “RoyalT nicet” approached Counterclaimant at work in a threatening manner and said, “You can’t fit no hoe on that golf cart” similar statements were repeated under Plaintiff's video on Youtube titled “Where's Keko”, See exhibit (12 and 12-1).35. On or around February 20, 2019, a male identified himself as Tyler called the Defendant job where he told Defendant manager that she needs to let him go because he was a rapist and a convicted felon. See PSDM Deposition will file with the Clerk. 36. On or around February 20, 2019, Plaintiff posted a video on his Youtube page titled “Where’s Keko” he expressed that he was sure that Defendant was fired and if he wasn’t he was going to pay for a rape victim group to post flyers in the apartment community informing the residences about Defendant. The Statements by Plaintiff confirm he had knowledge of the phone calls to Defendant’s job to harass him and express that he spoke with Defendant son’s mother and his money was watching his every move. See Media Exhibit CD (CD1-9). 37. On or around February 20, 2019, Plaintiff and ‘Tyler Dickens contacted Sandra Koch who currently reside in Longwood, Florida, Ms. Koch is the mother of Defendant’s younger son. Plaintiff and Tyler Dickens tricked Ms. Koch into making unpleasant remarks out of anger about Defendant, and secretly recorded said phone conversation which was posted to Plaintiff's Youtube page titled “KEKO IS CAUGHT READ HANDED BEING A JANITOR” the video contains the dates 2/19/19 and 2/20/19 showing Defendant at work, and recording of the phone conversation. See Media Exhibit CD (CD1-10) 38. Sandra Koch has expressed that she had no knowledge that she was being recorded or that said recording was posted to Youtube because she did not consent to the recording. See exhibit (14) 39. On or around February 20, 2019, Warren Barconia working in concert with Plaintiff posted videos and images of Defendant to his Facebook page in one post he When the game come together we can never be stopped or trolled! We found Keko Mardi aka Rayon $ Payne owner of Folksalert! PS no need to worry about him 24 hour surveillance! See exhibit (15 and 15-1) 1040. On or around February 22, 2019 Plaintiff posted another video to his Youtube channel and ‘Twitter with Defendant mother’s full name and address. See T itter exhibit (16) 41.On February 22, 2019, Defendant filed a Petition For Injunction For Protection Against Stalking” it was granted and a “Temporary Order” is in place. 42. On or around February 26, 2019, Plaintiff posted another video to his Youtube page titled “LACE REVEALS KEKO” which is 18:05 mins at timestamp 8:36 Counterdefendant said “I’ve had countless opportunities to blow his top off” referring to Defendant who he identified by name in the video suggesting he can get him murder anytime he chooses. See Media Exhibit CD (CDI-11) 43, Between February 2019 and March 2019, Plaintiff made a number of posts to Twitter where he post Defendant home and work address as well the make and model car he drives, See exhibit (17, 17-1, and 17-2) 44. On or around March 11, 2019, Instagram username name “iamtankdickens” wrote a comment on Plaintiff’s instagram page “moneytoblowmusicgroup” stating “Text me back?” that user is the same individual who made unwanted called and texted to Defendant, he also was part of the illegal phone recordings of Defendant younger son’s mother as well contacted Defendant's daughter mother‘on Facebook. This confirms that him and Plaintiff are working together to intentionally harassed and harm Defendant. See exhibit (18) Plaintiff's Involvement In Prostitution/ Human Trafficking Activiti 145. In the following trailers alleged by Plaintiff in his complaint with respect to females who appeared in the documentary trailers cited in the following paragraph(s) #21, #24, #27, and #30 of his complaint. See Dkt date 6/28/2019 46, Plaintiff's 35th birthday party a picture was taken and posted to Instagram by Melissa Kaitlan Linker with female with prostitution or Human Trafficking related arrest. I that picture is Brittany Star Reding, Melissa Kaitlan Linker, Angelica Disiena to name a few. See Instagram exhibit (19) 47. The females linked to Plaintiff are either involved in adult business, prostitution, or connected to sex trafficking and all have one thing in common convicted sex trafficker and register sex offender Jermain Carlos Diaz; a. OnNovember 13, 2002, Plaintiff signed a swom affidavit in Harris County District Court against his wife. In said affidavit Plaintiff acknowledged his wife Jessica Leann Steward works in the adult entertainment business and use drugs. See exhibit (20) b. On August 4, 2009, Brittany Star Reding sex trafficker William Homnbeak aka Pookie was indicted in a massive sex trafficking operation in the South District of Texas in case no, 4:09-CR-00453. See exhibit (21) c. On February 28, 2010, Melissa Kaitlan Linker was arrested in Dade County, Florida, See exhibit (22) 4. On November 1, 2012, Angelica Disiena for prostitution in Miami, Fl. See exhibit (23) 12e. On February 11,2016, Amanda Sholes was arrested for prostitution in Houston, ‘TX, Harris county. See exhibit (24) £ As mentioned in paragraph 22 (c) Plaintiff had a public dispute with Houston rapper Sauce Walka who's real name is Albert Walker Mondane over sex worker Austyn Monroe who's real name is Shawnee Elizabeth Burke. Both Mr. Mondane and Ms. Burke are listed in a criminal involving Jaimian Sims who was found guilty for sex trafficking minors in Houston. This not only confirm Plaintiff's connection to sex trafficking activities. See exhibit (33) Plaintiff post on one of his many instagram profiles #pimpgod. See exhibit (25) h. Plaintiff keeps company with known Pimps such as Tremont Blakemore also known as Macknificent who has recently been indicted for sex traffic 100 female aross the United States. See exhibit (26) i. Plaintiff has admitted to been pimping since he was 14 years old in the instagram live stream with Warren K. Barconia, See Media Exhibit CD (CD1-8). Defendant Action Was Not Tortious Interference of Business 48. Plaintiff alleges in his complaint at paragraphs #88 and #94 Defendant induce Youtube and Instagram to suspend or delete his account that assertion is true and the facts are as follows; a. Instagram - Any and all actions with respect Plaintiff's instagram accounts were done in accordance with Instagram policy which encourage users of their platform to Report a Convicted Sex Offender on Instagram and the Defendant has done so by filling out the form. Therefore Plaintiff"s account was removed or suspended 13