Defamation on Social Media

Social media is more popular and accessible than it has ever been, giving users the freedom and the power to connect, network, and express themselves like never before. People are able to share their thoughts and opinions on any subject and about any person, usually without fear of repercussion. What most people don’t realize is that words can cause real harm, in the form of loss of good reputation, loss of business, loss of money, and even damage to their personal wellbeing. As a result, individuals who post damaging content on social media platforms may find themselves the subject of a lawsuit for defamation.

What is social media defamation?

Defamation is the act of making untrue statements about an individual or entity which damages their reputation. If the defamatory content is written, printed, or broadcast over media, it is “libel,” and if it is oral, it is “slander.” To prove defamation, you usually must show that there’s been a statement that was: published, false, injurious, and unprivileged (whether a statement is privileged is a policy decision belonging to lawmakers; privileged statements include witnesses on a witness stand who give false testimony or statements from lawmakers themselves made in legislative chamber or in official materials). For public figures, such as celebrities and politicians, in addition to those elements, it must be shown that the defamation was made with malicious intent and was not fair comment.

Social media defamation occurs when an individual posts something on a social media platform or website incorporating a false statements of fact about an individual or entity, which subsequently causes injury or damage to the individual or entity that is the subject of the post.

Who can be sued for social media defamation?

Parties who believe they are the victims of social media defamation should bring a claim against the person or entity that posted the defamatory content. In doing so, the defamed party must determine where to file the defamation lawsuit. Where to sue an individual or entity can be a complicated issue that depends on the state in which you live, the state in which the alleged defamer lives, and the contacts that the defamer has had with your state, if any. It is best to contact an experienced and qualified attorney to help navigate the complexity of jurisdiction.

Many times, parties who believe they are the victims of social media defamation try to go after the Internet Service Provider (ISP) or the social media website on which the defamatory content is posted, such as Facebook, Twitter, Instagram, Yelp, or a blog. In the US, however, pursuing an ISP or a website is not a legitimate legal option for a party making a defamation claim since there is a law (the Communications Decency Act) protecting those entities from defamation claims.

Defenses to Social Media Defamation

Simply because an individual or entity posts defamatory content on social media does not mean the defamed will succeed a monetary judgment if they decided to file suit. Defenses to defamation include:

- Truth- if the statement was true, no matter how damaging, the statement by definition was not defamatory;
- Opinion- defamatory statements are statements of facts, not someone’s opinion. For example, if a Yelp reviewer states that a plumber did a horrible job fixing her sink, that statement is merely her opinion, and thus, not defamatory. If, however, the reviewer states that the plumber stole her jewelry while he was there, this statement has the potential to be defamatory if not true;
- Absolute privilege- the person making the statement has the absolute right to make that statement at that time, even if it is defamatory (applies in legislative, judicial, and executive governmental functions, as well as to statements made to spouses);
- Qualified privilege- even if all of the elements of defamation are satisfied, this privilege applies by proving that: the statement was made in good faith; the statement was limited to serve a specific purpose; the defendant had a duty or interest in communicating the statement; and the defendant communicated it to someone with a corresponding duty or interest;
- Retraction- a retraction and an apology can often serve as a defense to defamation.

If you believe you have been defamed on social media or are the defendant in a defamation lawsuit, find an experienced attorney by quickly posting a short summary of your legal needs on Legal Services Link, and let the perfect attorney come to you!

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Posted - 07/19/2016

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