Internet Defamation
Introduction
There is no questioning the fact that the internet revolutionized how people interact. It enabled individuals all over the world to engage and reduced barriers. But it also cleared the way for internet defamation. Sharing defamatory posts can then lead to harm to various aspects in one’s or one’s business life. Legal support in cases like these is very important in order to mitigate and compensate for the damages. It’s worthwhile to note that freedom of speech does not encompass sharing defamatory posts online. As David McCraw states, internet defamation cases are not an attempt to silence the truth, but to silence the lying that was taking place online.
In this article, we explain what is internet defamation, the consequences, the first steps after finding out you are a victim, and how to rebuild your online reputation.
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What is internet defamation?
Internet defamation is the publication of a defamatory statement made online that hurts a person or a business’s reputation. It is also known as online defamation and cyber-libel.
Elements of Internet defamation
In a defamation case, the plaintiff has to prove some elements. The most important one is that the statement has to be false. If a statement is true or an opinion, it is not considered defamatory. The statement must also be shared with someone or published somewhere, meaning it reaches more people than the plaintiff and the defendant. The plaintiff must have suffered reputation damage and be able to prove this in court. This can be done through interviews with people close to them, financial and medical records, or anything showing how their lives changed after the publication of the online statement. Finally, the plaintiff must prove the defendant acted with actual malice or negligence. Actual malice is when the defendant knew the statement was false or acted with reckless disregard for the truth. Negligence means the defendant lacked reasonable care in avoiding the publication of the false statement.
Examples of Internet defamation
Here are a few examples of internet defamation:
- Spreading false statements about a person, including drug use and infidelity on social media platforms such as Twitter, Facebook, or TikTok
- Accusing someone of being a criminal or of being involved in criminal activity
- Reviewing and giving a low rating to a product on websites, such as Google Business and Yelp, without even using it
- Publishing false accusations about someone’s professional conduct
- Sharing malicious content anonymously
- Creating websites to share false and malicious information about someone
What are the Consequences of Internet Defamation?
As the statements made on the internet have the potential to spread rapidly and reach a larger audience, their consequences are even more extreme than traditional defamation. A single post can be shared and viewed by millions of people all over the world in just a few minutes. And once something is posted online, even if it is deleted seconds later, the damage is already done. Damages caused by internet defamation include reputational, emotional, and economic harm.
Reputational Harm
Reputational harm refers to the loss of the standing of a person or a business hold. It negatively impacts their relationship with others, including family, friends, consumers, and business partners.
Emotional Distress
Emotional distress includes anxiety, humiliation, depression, irritability, and loss of sleep. It is important that this psychological harm can be proved through testimonies and medical records.
Economic Harm
Following a defamatory statement, a person or a business may suffer from severe economic harm. This includes lost profits, lost revenues, and any other monetary losses after the publication of the statement. Companies may never recover financially, even if the claims are proven to be false later. Demonstrating and calculating the extent of the damage caused by internet defamation is crucial to helping courts address it. That is why most defamation cases have an expert witness to assess damages.
What to do if Someone is Defaming You on the Internet?
If you have been a victim of internet defamation, there are a few initial steps you should take. These will help you limit the damages, but also be able to prove it and preserve your rights.
Preserve all evidence
As posts can get deleted and edited, it is crucial to take screenshots of all the defamatory statements. Be sure they include the date, time, and the person who published it. There is no need to worry if the post was made anonymously, as you can still sue with a lawyer’s help. Preserving all evidence is a crucial step if you want to proceed in court.
Report the content
Some platforms and websites may delete the post if it violates their Terms of Service. Reporting the defamatory content to the platform can be a faster way to have it deleted, besides also serving as evidence to court.
Register the impact
In addition to taking screenshots of the post, remember to document how many people the post reached. The number of “likes”, shares, and comments is a good way to show that. If anyone reaches you about the defamatory posts and attacks you, ensure to preserve that too.
Seek Legal Advice
Don’t wait too long to get legal advice. Meeting with a lawyer to advise you of the next course of actions and your rights is important in minimizing your damages.
Rebuilding Your Online Reputation
Internet defamation can significantly tarnish someone’s reputation. Beyond reputational damage, it can harm one’s physical and mental health, their relationships within the community, and their credibility as a professional.
In these situations, rebuilding your online reputation should be a priority. This process, known as online reputation management, aims to amplify positive content and address negative information that might be online.
To build a strong and positive online presence, setting and maintaining active profiles on various platforms relevant to your case is crucial. Regularly updating those platforms with new content and engaging with the audience is also a key point.
Search Engine Optimization plays an important role in rebuilding your online reputation, by helping achieve the desired results. Reverse SEO is also an option, as it suppresses harmful content by pushing it down in the search engine.
To be effective, there has to be continuous monitoring of these platforms. Working with a team of experts who track what others are saying about you can help keep things under observation more easily. By monitoring your profiles, you can quickly act if a defamatory post appears online.
Conclusion
Being a victim of internet defamation can have lasting consequences on a person’s reputation. Additionally, it causes economic loss and emotional damage. In cases like these, it is advisable to act immediately upon discovering the defamatory statements. Although it might look like a complicated process, there are means through which you can get rid of the post, claim damages, and repair your online image. Taking important steps immediately will assist you in taking back your reputation and letting your online presence accurately reflect the real you.
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FAQs
Internet Defamation
- What qualifies as internet defamation?
Internet defamation occurs when false information is published online that harms an individual’s or business’s reputation. This includes libel (written content) and slander (spoken content), as well as misinformation on websites, blogs, and social media platforms.
- Can I sue for defamation if the content is anonymous?
Yes, though it may be more challenging. In cases of anonymous defamation, you may need to pursue a “John Doe” lawsuit to unmask the individual behind the defamatory content. Legal remedies, such as subpoenas, can help identify the person responsible.
- How long does it take to remove defamatory content from the internet?
The time it takes to remove defamatory content varies depending on the platform and legal approach. While DMCA takedowns or direct legal action can expedite removal, suppression strategies may be required for content that remains visible due to search engine indexing.
- Are there legal alternatives to suing for defamation?
Yes, if suing is not feasible, you can send a cease and desist letter, file DMCA takedown requests, or use privacy law requests (such as the Right to be Forgotten in the EU). These methods can often lead to content removal without the need for a formal lawsuit.
- How can online reputation management (ORM) help with defamation?
ORM strategies can help suppress defamatory content by improving search rankings with positive content, conducting content removal, and reinforcing your digital reputation through SEO-driven tactics. These methods are effective for long-term protection.
