Understanding And Fighting Online Defamation

By: Lance T. Denha, Esq.

In America, everyone has a right to their own opinion. That’s a basic premise of our democracy, yet the Internet has really tested its limits – due in part to the omnipresence of social media. Today we live in a world where people can anonymously post whatever comments they like to the web, even false statements about others, without facing consequences. Such statements can have severely negative effects on the life of person who they are made about, while the poster hides behind the shield of anonymity.

The internet can be a cruel place. For instance, maybe one day you’re minding your own business, doing your job and you realize someone has written a completely made up story about you that damages your reputation. Or, maybe the roles are reversed and you write an article online but get accused of defaming another person in it, resulting in a potential lawsuit.

Since the internet provides an extraordinary amount of access to an audience, defamation cases have become a bit scarier. Think about it. Even if you’re a completely innocent victim, people often make up their minds based on the first story they read.

That’s why knowing what to do as a victim or accuser is imperative to righting the wrong. Defamation, slander, and libel are often confused. While they all reside in the same category within the law, it’s essential to understand the differences between the three:

• Defamation: this is the overarching term used when talking about both slander and libel. It covers instances where a false statement online leads to problems for an individual or company.
• Slander: this is a type of defamation that is committed through the spoken word. For example, if you make a false claim through a podcast, audiobook or video, it could be considered slander.
• Libel: whether through an online review, blog post, editorial, comment, or forum post, libel is a type of defamation that occurs when a false statement is written.

 It may be necessary to file what’s called a John Doe lawsuit, which means suing anonymous defendants by the fictitious name “Doe,” and then serving subpoenas (which can only be issued in the context of a lawsuit) to third parties who you believe may have information concerning the anonymous defendant’s true identity. Such third parties may include site administrators, webmasters, hosting companies, or ISPs—basically, the people who made the publication of defamatory comments possible in the first place. In addition there are legal tactics prior to a lawsuit which may very well remove links as attorneys working with and an association with experienced IT to remove content. To do this, you will need to enlist the services of a defamation attorney. If you think you’re a victim of online defamation, contact a law firm experienced with these matters to fight back.