The internet was once seen as a way to make information and free speech more accessible to everyone. Now, however, it is a breeding ground for a scary new trend: internet defamation.
People or businesses who post false and harmful things about other people or businesses online can have terrible effects, including ruining their reputations, causing them emotional pain, and even costing them money.
This article goes into detail about the complicated world of internet defamation, looking at its legal subtleties, real-world problems, and useful ways to get through this digital minefield.
What You Need to Know About Defamation
It’s important to know the legal foundations of defamation before going down this dangerous path. To prove defamation, one must show:
Falsehood: The statement must be clearly false. People are usually protected from harsh opinions and criticisms.
Publication: The statement must be sent to someone else. For instance, private messages might not count.
Harm: The statement must actually or potentially damage the victim’s reputation, standing, or way of making a living.
Fault (depending on where you live): The person who defamed someone else may have done so on purpose or by mistake.
The difference between slander (spoken) and libel (written) is still important online. Written statements are more damaging and easier to prove because they last longer and can be seen by more people.
Some statements are also thought to be “per se” defamatory, which means they are harmful even if there is no proof of specific damages.
Accusations of criminal behavior or sexual misconduct are two examples.
Slander, Libel, and Defamation
Slander and defamation are legal terms that mean saying false and harmful things about someone to hurt their reputation. But there is a big difference between the two:
Defamation is a general term that includes both slander and libel. It is a false statement that hurts someone’s reputation and makes other people think less of them.
Slander is a type of defamation that is said. It is a false statement about someone that is spoken, shared through gestures, or sent in any other way that is not written or published.
To be libelous, a statement must be false. Even if a statement is harmful but true, it is not considered libel.
This table shows the main differences between slander and defamation:
Ways to Handle Online Defamation
It’s important to know your options and take the right steps because online defamation can be very stressful and harmful. Here are some ways to deal with online defamation:
Collecting Information and Proof:
Take screenshots of the defamatory content, including URLs, dates, and author usernames, to keep a record of it. Keep copies of emails or messages that contain false statements.
Check the Content’s Truth: Is the statement clearly false? Is it based on facts or opinions? Knowing what the claim is about will help you decide how to respond.
Think about how the defamation affects you personally and professionally. Is it hurting your feelings, hurting your reputation, or costing you money?
Answering the Defamation:
Don’t pay attention to it. Sometimes, small defamation is the best way to go, especially if it will go away quickly. If you interact with it, it might get more attention.
Respond in Public: If the lies are very bad and hurtful, you may need to respond in public to set the record straight. Do it in a calm and professional way, with the goal of setting the record straight.
Contact the Platform: Tell the platform where the false information is that it is false. Most platforms have rules for dealing with complaints of online harassment and abuse.
Laws:
Send a Cease and Desist Letter: A lawyer can write a letter that formally asks for the defamatory content to be taken down. This can be a very useful tool, especially if the platform doesn’t want to do anything.
Think about going to court: Sometimes, going to court is the only way to get paid for the damage caused by the defamation. Talk to a lawyer who specializes in defamation law to find out what your options are.
Keeping Your Good Name Safe
Keep an eye on your online presence: Check your social media, review sites, and search results for mentions of your name on a regular basis. This lets you quickly find and deal with possible defamation.
Make good online content: Share and make good content about yourself and your work. This can help move bad content down in search results.
Make a Crisis Communication Plan: A plan will help you handle future cases of defamation in a way that protects your reputation and limits the damage.
Defamation: The Truth, Opinion, and Defenses
If you’re dealing with harmful content online, it’s important to know the difference between truth, opinion, and defamation. Not everything bad is legally considered defamation. A good way to defend against defamation is to say that the statement was true. Truth is not defamatory, even if it damages someone’s reputation. Courts check to see if the statement is a fact that can be proven or just someone’s opinion.
Depending on the situation, the fair comment privilege or the neutral reportage privilege might protect a comment like “I think this business is shady.”
The other side usually has to show that the statement was false and caused real harm in order to win a libel or slander case. If you are a public figure, you must also show actual malice, which means that the person knew it was false or acted with reckless disregard. The standard is lower for private people, but negligence still matters. Courts also think about how a normal person would read the content. Was it clearly an opinion or was it presented as a fact?
Sometimes a retraction can lower your risk of being sued. Public statements made in public proceedings usually have more protection. Talk to a lawyer before you do anything if you’re not sure what defamation is. If you know these defenses, you can respond clearly and not go too far.
| Defamation | Libel | Slander | |
| Definition | False statement that injures someone’s reputation | False statement that is written or published | False statement that is spoken aloud |
| Example | Someone says on social media that you are a thief. | A newspaper publishes an article that falsely claims you were arrested for drug trafficking. | Someone tells your boss that you are lazy and incompetent. |
| Difficulty to prove | Generally easier to prove than slander, as there is usually a written record of the statement. | Can be difficult to prove, as there may be no witnesses or other evidence. | “He said/she said” situation |
What Makes Public and Private Figures Different
It’s important to know the difference between public and private figures when it comes to defamation law. It is easier to prove defamation if you are a private person. Most of the time, you only need to show that the person who said it was careless. Things get more complicated if you’re a public figure, though. You have to show actual malice, which means that the person either knew the statement was false or didn’t care about the truth at all.
This legal standard comes from common law and is often used in cases of slander or libel. It also applies to both defamation per se, which means that harm is assumed, and defamation that needs proof of damage. The law treats public figures differently because they can get more media coverage and respond to things in public.
When someone gets involved in a public controversy, they can become a limited-purpose public figure. Even if they didn’t want to be famous, their role in a debate can raise the legal bar. In some cases, a person might become a limited-purpose public figure without wanting to, which makes it even harder to prove defamation.
The rules are different for famous influencers and regular people who want to protect their professional reputation. It is important to know how the media can hurt your case by spreading false information or statements. Defamation laws are meant to protect people’s reputations, but they also let people talk about things openly.
Examples of Internet Defamation in Real Life
Sadly, the internet has made it easier than ever to defame someone, and some well-known cases have brought this difficult issue to light.
Here are a few well-known cases with different results and effects:
Coleen Rooney vs. Rebekah Vardy (2022): “Wagatha Christie”
This British case, which was called “Wagatha Christie” because it was so much like a tabloid, was about two footballers’ wives, Coleen Rooney and Rebekah Vardy, who were fighting over private Instagram posts that had been leaked. Rooney said that Vardy leaked the posts to a newspaper, which led to a very public trial about truth, malice, and the power of online gossip. In the end, Rooney won the case, which showed what could happen if you share things online without thinking.
Johnny Depp vs. Amber Heard (2022): Defamation and Domestic Violence
In this American case, Johnny Depp, a Hollywood actor, sued his ex-wife Amber Heard for defamation after she wrote an op-ed in which she said she had been abused at home. The trial, which was streamed live and widely watched, was mostly about the nature of their relationship and how believable both sides were. The jury decided in Depp’s favor and gave him damages. Heard, on the other hand, won one of her counterclaims against Depp. Even though this case was controversial, it got people talking about online defamation and blaming victims in a big way.
Hulk Hogan vs. Gawker Media (2016): The right to privacy vs. the right to free speech
Hulk Hogan, a wrestler, sued the website Gawker Media for putting out a sex tape with him in it. Gawker argued for freedom of speech and newsworthiness, but the court sided with Hogan, saying the publication violated his right to privacy. This case had a big effect on online media because it made publications think more carefully about privacy issues.
Jack Monroe vs. Katie Hopkins (2015): A food writer against a columnist who is known for being controversial
In this British case, food writer Jack Monroe, who is known for his cheap recipes, went up against journalist Katie Hopkins’ columns that criticized Monroe’s way of life. Monroe won a defamation lawsuit, which shows how bad things can be when people are negative online, especially when they are vulnerable.
Rachel Riley vs. Mike Sivier (2022): Blogger vs. Countdown Host
Rachel Riley, a mathematician and TV host in the UK, won a lawsuit against blogger Mike Sivier for online harassment and anti-Semitic abuse. The court’s decision made it clear that platforms need to hold users accountable for harmful content and keep people safe from hate speech online.
These are just a few examples. The rules about internet defamation are very different depending on where you are, what platform you’re using, and what kind of defamation you’re talking about.
Time Limits and Legal Steps
It’s very important to know how long you have to file a defamation claim. The statute of limitations gives very clear deadlines. In most states, you have to do something about the defamatory content within one to two years of when it was published. If you wait too long, your claim could be thrown out, even if it is true.
This is very important when you are posting anonymously or filing a John Doe lawsuit. If the person who made the statement was not known at first, courts may give them more time under the discovery rule. But even then, the time to act is short.
Your case could also be affected by jurisdictional issues. If the person who posted the false information lives in a different state, that could affect where the lawsuit can be filed. The discovery process is very important in online cases, especially when ISPs are used to unmask anonymous posters.
But be ready: some states have anti-SLAPP laws that protect free speech and could cause your case to be thrown out early if it looks like you’re trying to stop criticism.
There are also constitutional and statutory rights that may protect some speech, especially when it comes from the media or public events. It’s also important to know if the content is a one-time post or a continuous publication. You need to pay attention to every step. Talk to a defamation lawyer right away if you think someone has defamed you online. When your reputation is at stake, time really does matter.
Finding and suing anonymous defendants
You can find and sue anonymous defendants online, but it takes time, proof, and legal accuracy. You can still sue someone if they are posting false or harmful information about you from an anonymous account. A John Doe lawsuit is often the first step. This lets you start the case without knowing who the real person is.
After that, your lawyer can ask websites, platforms, or ISPs for information using certain legal procedures that help reveal the identities of anonymous people online. To win, you need strong proof that the statement was false, hurtful, and made on purpose. This includes screenshots, timestamps, and information about the defamatory website or cyber libel case.
Sending a letter telling someone to stop is often the first step. It shows you’re serious and leaves a paper trail, even if the anonymous account doesn’t answer. Then, courts can use the platform’s policies to get account or IP information from the platforms.
You will have to explain to the court why it is important for justice to find out who the anonymous parties are. The law has ways to find people even if they used fake names. It’s important to have a lawyer who is qualified and has worked in this area before.
Managing your reputation and getting rid of bad content
The first step in managing your online reputation is to know what’s out there. You can keep an eye on mentions of your name or business by setting up a Google Alert.
If you see a post that is false or harmful, act quickly. To get rid of false information, you often need a mix of legal and strategic tools. Different platforms, types of posts, and whether or not the post is a false statement of fact all affect how to remove content. Sometimes, public relations experts can help deal with harmful content by getting good press or media coverage. In some cases, cyber-investigators and lawyers who specialize in content removal may be needed to find anonymous sources or make sure that takedown procedures are followed.
Social media sites and consumer feedback sites have their own ways of taking down content, but they usually want clear proof of defamation first. Knowing these rules can help the process go faster. If you need to take legal action, you might use cease-and-desist letters, formal complaints, or even go to court under established legal theories to get the content taken down.
When your reputation is on the line, using both legal tools and public relations help is the best way to get the best results. Keep going and write down everything. If you know how to deal with harmful content, you can often get rid of it completely.
The part that third parties and internet platforms play
Internet platforms and service providers are very important for how content spreads online. People often wonder if the platform, like Google or a social media site, is to blame when someone posts something that is false. No is the answer most of the time.
According to Section 230 of the Communications Decency Act, platforms are not responsible for what users post. That protection is what lets sites like chat rooms and crowd-sourcing review sites run without having to check every comment all the time.
That being said, platforms still have rules. You can report harmful or false posts on Google and other social media sites. Each one has its own rules, and if a comment breaks one of those rules, it might be taken down. Some businesses use bots and scripts to automatically look for bad content, while others use people to do the job. Lawyers can get records through a subpoena or use cyber-investigators to find out who is behind posts in more serious cases.
It’s important for businesses and people who have been defamed to know these rules. If the false information is hurting your reputation, you need to act quickly. You might need to take legal action, especially if internet service providers or other people have data that can help. Platforms can’t always get rid of harmful content, but if you take the right legal steps, you can fight back and maybe even get your reputation back.
Things to Keep in Mind for Businesses and Professionals
For professionals and businesses, their online reputation is more than just how they look; it can affect their income, partnerships, and long-term trust. False claims, misleading comments, and bad reviews can hurt your reputation and hurt your search results. Defamation and trade libel, especially from former employees or competitors, can cause financial losses and damage a person’s professional reputation. A business litigation attorney can help with defamation claims, but taking steps ahead of time, like keeping an eye on online reviews, responding in a smart way, and getting libel insurance, can help.
In conclusion
The internet can be a place where people spread lies. But if you follow these tips and stay alert, you can lower your chances of becoming a victim.
If you see something bad online, don’t be afraid to call professionals like NewReputation at 855-750-0583 for help. They have the skills and tools to help you protect your good name and get your life back on track.
Don’t let bad things on the internet control your life. Do something to protect your reputation today.
