Social Media and Internet Defamation Law

With the rise of social networks, content aggregation sites, and online commentary, the risk of defamatory content and false statements reaching a broad audience has surged in recent years. Many sites are even designed to encourage users to share sensational information without any fact-checking or regulation.

A Facebook status update, Instagram Reel, or TikTok video about a negative employment incident may receive dozens of likes and comments. Tens of thousands of users may see and rate a searing Yelp review. An edited photograph or artificially generated image posted on Reddit may get millions of views. If the information is actually defamation of character, it can be severely damaging to the subject’s reputation and emotional well-being. 

That’s why it’s important for consumers, sharers, and potential victims to better understand the landscape of online defamation and defamation law. To get help with a claim for reputational harm, you can turn to a defamation lawyer.

Who Can I Sue for Online Defamation?

Plaintiffs who believe they have been defamed online should bring a tort claim against the person or entity that actually made the defamatory statement. That person could be a public figure, a private individual, or a business connection. 

You will have to file your defamation suit in the appropriate state or federal court. A jurisdictional analysis will determine the appropriate court that hears the defamation lawsuit. An attorney conducts this process.

Suing an Anonymous Internet User

Many people use an alias when cyberbullying or posting controversial content. You might not know who posted a defamatory lie against you. Suing an anonymous user account may still be possible. Yet, this lawsuit scenario is more complex and usually takes more time. Identifying who owns the account and is liable for the defamatory post poses challenges.

A plaintiff would need to seek a court order to force the social media platform company to provide a user’s identifying data. This action often doesn’t align with a company’s interests to protect users’ privacy and anonymity. So, the company may send its own team of lawyers to oppose such an order. The court would likely need a highly compelling reason to grant the plaintiff’s request.

Suing a Third Party for Defamation

Plaintiffs who have suffered online defamation might think they can go after their Internet Service Provider (ISP). Or they may try to go after the website that hosts the defamatory content at issue, like Facebook, Google, or Yelp. After all, these companies are wealthy. They can afford to pay the plaintiff’s damage demand in defamation cases.

In the United States, however, pursuing an ISP or a hosting website is not a legitimate legal option for a plaintiff making a defamation claim. In 1996, Congress passed the Communications Decency Act. The Act protects ISPs, social media platforms, and website hosts from defamation claims. It prohibits courts from treating an ISP as the publisher of a statement made by another content provider.

What Constitutes Defamation Online?

In personal injury cases, defamation is generally defined as a false, published statement injurious to the plaintiff’s reputation. This definition of fault extends to online communications.

Under common law, a false statement of fact about a person’s reputation must be made to a third party. Statements of opinion do not constitute defamation, no matter how much mental anguish they cause.

At least a few people will likely see an online posting, even on an obscure website. This will satisfy the publication requirement. In most states, publication requires only that the statement be seen by one person other than the maker and the subject of the statement.

Legal defenses to an online defamation lawsuit focus on refuting a particular element of defamation.

A Higher Bar for Public Figures

To protect the First Amendment right to freedom of speech, the Supreme Court has made it more difficult for public figures or public officials to claim defamation of character. This is the case even when a defamatory comment can be proven to be false.

In those situations, a celebrity or famous person must prove that a defendant acted with actual malice, which means they had the intent to do harm. Malice could also mean that they had reckless disregard for the truth when they committed the civil wrong.

Statements of Fact

A plaintiff cannot succeed in their online defamation claim if the defendant’s defamatory statement was true. For example, if a customer posts a review of your business on Yelp, claiming that there was a rat infestation, you may be able to sue them for defamation. You would then have to prove that there was no rat infestation, and thus, that the defendant’s statement was false.

Opinions

Following that, the defendant may try to argue that the statement the defendant made about the claimed rat infestation was just the defendant’s opinion. The law protects opinions to avoid strict censorship, so plaintiffs cannot bring a defamation claim for an opinion.

On the other hand, an opinion that may be viewed as a statement of fact by a reasonable person will be deemed a statement of fact. For example, a person might state,”I think that the restaurant has a rat infestation problem.”Some courts or juries might interpret this as a statement of fact rather than a statement of opinion.

Modifications to Photos and Videos

Modified photos that have been altered to scandalize a person or business may constitute defamation violations. This type of edited content is quite popular on social media. Modified photos or videos often go viral.

The less obvious and absurd the modification, the more likely a court will find it defamatory. This is because a reasonable person would be more likely to believe the modification portrays “the truth”rather than a joke or clear exaggeration. This legal concept is gaining more attention as AI-generated content and”deepfakes“become increasingly common online. 

As a sharer or creator of content, always make sure that any information about a person or entity is truthful, especially if it could be considered defamation that is injurious to their reputation. If you make a mistake and potentially defame someone, consider doing a retraction. A retraction is a “take back”or correction to let the public know you didn’t intend to be malicious.

Learn More about Defamation and Social Media

Social media has become a liability landmine. Online content is occasionally moderated for pornographic or legal issues involving other inappropriate elements. But most content is unregulated for defamatory elements.

Whether you or a loved one has been a victim of defamation or has been accused of defaming someone, you’ll want to consult a professional to best understand your situation. If you’re a potential plaintiff, you have to make sure to file your defamation lawsuit within the time limit required by law. This limit is known as the statute of limitations.

Contact a local defamation attorney to get legal advice about what you can do about defamation and defamation accusations. Defamation lawyers are personal injury attorneys who can help you recover or defend against special damages and punitive damages that could arise from a defamation claim.