Many businesses are now struggling to address online defamation through various forms of social media. A defamation claim is generally defined as a false, published statement that is injurious to the reputation of a business or person. An online post qualifies as a “published statement.” Specifically, social media defamation refers to libelous or slanderous statements. A victim may succeed on a defamation claim if it is not a true statement of fact or opinion. This is a very fine line that is being further complicated by the various forms of social media and current case law. It is difficult to determine what kind of statement or post will be considered a defamatory statement by the state court without proper legal experience.
If you believe you are a victim of defamation, it is important to document and preserve everything you may use to support your claim. It is also extremely helpful to have each document timestamped to ensure that the evidence has not been tampered with. Most states follow a four-pronged test to determine if defamation has occurred: (1) false statement of fact; (2) publication to a third-party; (3) fault; and (4) damages. Further, it is in the business’s best interest to bring a defamation claim against the person or entity that made the defamatory statement. Many victims attempt to sue the Internet Service Provider (ISP) that hosts the defamatory content, however, in the United States pursuing an ISP or website is not a legitimate legal option for a victim of a defamation claim.
With such a strong social media presence in the world today, the area of law surrounding defamation has been complicated significantly. It is difficult to determine which state the online defamation claim should be brought in without proper legal experience. The locations of the defamer, the business and the connection of the defamer to these states come into play. At this point, it is necessary to conduct a jurisdictional analysis to locate the appropriate court system to file the complaint. If you believe you are a victim of an online defamatory statement, it is advised you contact an experienced attorney to understand all the options available to protect your business.