CYBER CLAIM LAWYER
CYBER CLAIM LAWYER
Blog Article
Navigating online defamation
Once upon a time, there was a lady who went out with a gentleman and, as they say, “forgot all about it.”(At this point the author would like to apologize for this vague explanation; if she had known the details, she would have embellished). To get back to the story of the woman who forgot though, let’s just say she remembered when she saw a picture of her suitor posted in her Facebook group along with a request to share any encounters the members may have had with him.
At this point, the lady provided a few details about the date, and although we probably would have liked to know the more intimate ones, we do know that they were unpleasant. Other members contributed to the conversation, accusing the gentleman of harassment and sharing insulting letters that the man had sent to them.
The gentleman filed a lawsuit claiming defamation of character, particularly regarding the allegations of his involvement in his wife’s murder and transmitting sexual diseases, both of which he denies. Let’s stop here for a closer look.
What is Online Defamation?
As the digital equivalent of defamation, online defamation refers to publishing false statements on the internet that damage a person’s reputation. To be considered online defamation, the statement must be
False (as in demonstrably false): Individuals can’t start lawsuits just because people said nasty things about them, they have to be false nasty things and the defendant has to show they’re false.
Published: The falsehoods must be communicated to at least one other person in writing (libel) or verbally (slander). They may be transmitted through social media, forums, websites, and other digital platforms.
Harmful: The content of the material must be harmful to the individual’s reputation, resulting in the loss of a job, loss of business, public embarrassment, or mental distress.
Not Protected: Protected content, such as is released in government procedures and employer communications cannot be considered defamatory.
Show Fault: The party must be able to show the comments were malicious, proving that the offender knew the comments were false and acted with reckless disregard for the truth.
Best Practices for Those Who Have Been Defamed Online
Otherwise known as the do’s and don’ts of handling online defamation, here are some words to the wise.
Do:
Identify the source of the material: The publisher may be someone you know or someone using an alias or posting anonymously. If you can contact the publisher, you may be able to come to a resolution.
Secure evidence of defamatory statements: Take a screenshot of the comments along with where it was posted and who posted it. It will help support your case if you decide to take legal action.
Report the content to the host platform or website: If the website has established Terms of Service that determine appropriate content, you may be able to report the incident to the website and have it removed.
Keep a detailed record of the defamation’s effects: If the comments are receiving “likes”, comments, or share requests, keep a note of it.
Don't:
Engage with the defamer: Although anger can be a productive outlet, it is recommended that you reserve it in cases such as this. Doing so may further provoke the defamer and draw unnecessary attention to the comments.
Cease and Desist Letter: Send a cease and desist letter demanding the removal of the defamatory material and threatening legal action if the party does not comply. This could avoid a lengthy litigation process.
Content Removal Request: Send formal requests to digital platforms to remove harmful content that violates their Terms of Service.
Injunction: If you’re ready to take it up a notch, you may want to file for an injunction: a court order demanding the defamer to remove the content. Keep in mind though, that you will need proof of serious harm to pull this one off.
Monetary Damages: If you choose to “slug it out in court,” you may be able to receive monetary compensation for reputational injury, lost profits, and emotional distress.
Alternative Claims: You not only have options, you have alternatives! Legal claims such as invasion of privacy, intentional infliction of emotional distress, or unfair trade prices may provide avenues for recovery.
Parting Words
We may never learn the outcome of the case of the lady and the gentlemen, but we do know how to protect ourselves from online defamation! Know your rights; know your options! And know Cyber Claim Lawyer! For free legal advice, visit us at Cyber Claim Law for help making informed decisions while protecting your rights!