By 2021, 72 % of Americans will use social media. This is up from 5% in 2005. Social media usage has increased dramatically, increasing the risk of online defamation.

Defamation occurs when someone makes a false claim about you, verbally or in writing, that damages your reputation. Verbal defamation can be called “slander.” Libel is the term used for written defamation. (Learn more about Libel and Slander: Different Types Of Defamation. Defamation can even be in the form of falsely published arrest records online.

This article will explain what online defamation is and how it can be proven. We will also look at a few examples of online defamation, and discuss why and how you might want to file a defamation suit.

What is Online Defamation and How Does it Work?

Over the past hundreds of years, defamation law has evolved. Courts have tried to balance the freedom of speech of one person against that of another’s right to protect their reputation. The internet allows more freedom of speech than ever and more opportunities to defame someone’s reputation with a post or comment.

Newspaper articles, magazines, letters-to-the-editor, television and radio broadcasts, and magazine articles are all traditional defamation cases. Online defamation happens on various platforms, including:

  • Facebook
  • Twitter
  • Instagram
  • TikTok
  • NextDoor
  • You can find us on LinkedIn.
  • Reddit
  • Yelp, and other review sites.
  • blogs.

In most states, defamation is a civil offense (called ” tort” in the legal jargon) and you can sue for money. cyberbullying and harassment are criminal offenses, which can result in a jail sentence or prison term.

How do you prove online defamation?

The laws of each state vary, but the fundamental principles are the same. A plaintiff suing for online defamation must typically show that the defendant:

  • False statement of fact
  • The statement was made by someone other than the plaintiff
  • The statement damaged the plaintiff’s credibility.
  • The defendant was ” negligent ” (careless) as to whether the statement is true or false.

Public figures like politicians and celebrities must show more than negligence. Public figures must show that the defendant acted “actually malice.” Actual malice is when the defendant makes a false claim knowing that it’s false or disregarding the truth.

It is more difficult to prove defamation than you might think at first. Remember that the statement must be a false assertion of fact. Many defendants claim that their statements about the plaintiff were not defamatory, because they were true or an opinion rather than a fact. A defendant may also claim that the plaintiff was already known for a bad reputation, so the defendant did not harm it.

Learn more about the key elements in a defamation case, and the defenses used in defamation lawsuits.

Damages in Defamation Cases

The legal term “Damages”, is used to describe the compensation a plaintiff receives for harm caused by the defendant. Some defamation cases result in multi-million dollar awards to plaintiffs. Some defamation claimants receive nothing or “nominal damage awards” as low as $1.

Calculating damages for defamation can be complicated. How can you quantify the value of someone’s reputation? Let’s look at some common categories of damages in libel cases.

Special Damages (Economic damages)

Special damages are compensations for financial harm caused by defamatory comments, including damage to the plaintiff’s reputation. For example, say that you’re an actor, like Johnny Depp who lost out on endorsement deals and acting roles after his ex-wife accused him of abuse. You can sue for defamation as Depp did and receive compensation for lost income and business opportunities.

You can also seek compensation for out-of pocket expenses related to defamation, such as therapy bills, online content removal and moving expenses.

General Damages (Non Economic Damages)

General damages are meant to compensate plaintiffs for intangible losses such as ” pain & suffering.”

In some cases, general damages are not available. In some states, general damage awards are available in libel cases (written defamation), but not in slander cases. Online defamation claims are often libel cases because they involve written comments and posts. Videos posted on increasingly popular platforms such as TikTok do not fit neatly into libel and slander labels. Videos aren’t published or written, but they’re not like gossiping in a neighborhood or making a public comment. The law is not settled in this area and will likely change as technology advances.

Punitive Damages

Punitive damage awards are available in certain defamation lawsuits. These damages are not intended to compensate plaintiffs, but to punish defendants and send a clear message about the dangers of spreading lies online.

How do I know who to sue for online defamation?

The person who has defamed your online reputation is the most obvious person to sue, but they may not have the money to pay damages. Or the comments could have been anonymous.

Can I sue an Internet Service Provider (ISP)?

It’s only natural that you would want to sue your internet provider (ISP) for the website hosting the defamatory material, such as Meta (Facebook), Twitter, or Yelp. A big tech company will likely have more money than the internet troll defaming your reputation, and you may genuinely believe ISPs are responsible for the content of their websites.

You can’t sue ISPs in most cases for defamation, due to a federal law known as the Communications Decency Act.

What if the Defamatory Statements were Posted Anonymously

You must first determine who made the defamatory statement before you can file a lawsuit. Some people use their names, email addresses or social media accounts to post defamatory remarks. Many people use anonymous accounts or accounts belonging to other people in order to hide their identities.

You’ll probably need the assistance of an attorney to determine who the defendant is. Some plaintiffs file a John Doe lawsuit or “unknown defendant”. You can file a John Doe suit to ensure that your lawsuit is filed within the statutes of limitations. This will also allow you to start the discovery procedure so you can summon the ISPs in order to identify the anonymous poster.

Where can I sue?

It is important to choose the right court for your lawsuit. You must file your lawsuit in a state court or federal court with the authority to hear and determine your case.

You can file a lawsuit for online defamation at:

  • you live
  • the defendant lives, or
  • If you have suffered loss or damage due to the defamation.

If you believe that you have been defamed on the internet, you should consult an attorney to discuss your legal options. They can help you decide how to proceed. What to do before filing an online defamation lawsuit

In some states, you must first ask for a retract before you can file suit. If you don’t do this, your case may be dismissed or your damages limited.

You will also need to preserve proof for your defamation case. You can, for example:

  • Take screenshots of the offensive remarks.
  • Keep a list with URL links to the defamatory remarks.
  • Keep receipts, pay slips, and medical bills as proof of the financial impact that the defamation had on you.
  • Speak to witnesses who may have seen or read the offensive posts.

Do not delay collecting evidence. You could lose evidence if you wait too long.

Examples of Online Defamation

Let’s take a look at some examples of online defamation.

Say you have a Twitter account and you tweet about John Smith hitting his wife two weeks prior. It is defamatory if this statement is false. Truth is a defense against defamation. Falsely accusing a person of committing a crime is so damaging to their reputation that they do not need any further proof (called ” Libel per se “).

Are opinions protected?

Let’s say that you wrote: “I believe John Smith hit his spouse two weeks ago.” Statements of opinion can be protected from defamation suits. Is this a true statement of opinion or not? Sometimes, statements of opinion can be interpreted as statements of facts depending on the circumstances. In this case, a person could very well view your tweet as a statement of truth, depending on whether they know John Smith, his wife, and why you believe that Smith hit her.

Bottom line: Just because something is phrased as an opinion statement–“I believe” or “I think”–doesn’t automatically protect you against a defamation suit.

What if a statement is only partially true?

Let’s look at another example. Say you commented on a Facebook post by someone else that Mary Johnson had been fired because she made a grave mistake and cost the company a large client. If this is a false claim, it’s almost certain to be defamatory. Defamation is also a form of questioning someone’s professionalism or competence.

What if you are only partially right? What if Mary’s mistake was serious, but did not cause her company to lose an important client? This case will likely hinge on whether Mary can prove you were negligent in determining whether your comment was true.

You should always be sure to check your facts before posting anything online. Once you click “send” or “post”, you cannot take back your words.

Speak to a Reputation Management Company

Defamation online is a complex issue, especially when it comes to the ever-changing landscape of online communication. From online content removal such as mugshot removal services or online review management. Speak to an attorney if someone is spreading falsehoods about you online, or if you have been accused of defamation.

A reputation management Specialist can answer all your questions and represent you or your business. Learn more about what content removal can do for your image online. You can also contact someone directly here at 813-421-8334.