WHAT IS ONLINE DEFAMATION?
Negative content about a person or business that is posted online can cause irreparable damage to
one’s reputation. Not everything posted online is true. False and malicious online posts are common.
Defamation is the false assertion of fact that injures a person’s reputation and damages their
good name. Before pursuing a defamation claim against the poster, it is important to analyze
whether there is a legitimate defense such as (1) truth, (2) opinion, (3) consent, and (4) qualified
or absolute privilege. These are common defenses to defamation. Privilege is a legal right that
allows a person to communicate the statement. There are also situations that invite commentary,
such as those situations that are a matter of public concern or that relate to public figures.
Consent to allowing someone make a particular statement about yourself or your business is
also a legal defense to defamation. Also, if a statement may be interpreted by the average person
to be a mere rumor, then it may be considered to be an opinion and not a true assertion of
fact. Opinions are not actionable, only false assertions of fact may qualify as defamation.
There are certain false statements that may be considered “defamation per se”. There are some
certain statements that are so inherently defamatory that the victim does not need to
even prove harm to its reputation and damages. These typically include: (1) accusations that an
individual committed a crime of moral turpitude; (2) accusations that an individual has a loathsome
disease such as an STD; and (3) statements that harm a person’s trade, profession, or business.
People who use online defamation to harm others for their own agenda can be held liable for the
damage that they cause. In fact, many times people post this information anonymously or create alias
email accounts to hide their identity. The person who actually authors the unlawful content is the
liable party. However, finding out in fact who that person is may pose a challenge. Many times,
the only way to find out the author is to file a complaint against a fictitious person John
or Jane Doe and then serving a subpoena on the website displaying the content to
obtain the identity of the author. This is a difficult legal process.
The humiliation, embarrassment, loss of personal and business opportunities,
and other harms are all damages that may be recovered by the victim of online defamation.
It is important to work with an experienced attorney to obtain
maximum compensation and vindication of your rights if you are defamed online.