The Different Facets of Online Defamation

Introduction

Identity makes an individual and reputation is an inalienable aspect of an individual’s identity. Reputation is considered their valuable property under the common law of torts. Defamation amounts to a direct interference with this property and is thus actionable ipso facto.

Online defamation can be defined as a civil wrong which infringes the reputation of an individual. It strikes at the very foundation of an individual’s identity making it actionable in law.

Classification of Online Defamation and its Types

Legally speaking, defamation can fall under two types of wrongs – a tort, and/or a crime. Defamation as a tort is complete when, firstly, false and defamatory statements are made against an individual. And secondly, when such statements are published to an individual other than the Plaintiff.

Defamation as a crime is premised on the existence of requisite mens rea or malice while making defamatory statements. Defamation is actionable as a tort but some states designate it as a criminal offense on the statute.

Further, defamation consists of both slander or oral statements and libel or written statements. The same classification applies to defamation as well.

What is Online Defamation?

Given the advent of the internet, defamation has surpassed its traditional boundaries and ventured into the digital realm. Internet defamation takes place when false statements about an individual/entity are published on the internet. According to defamation law, this form of defamation includes both written or published and oral or spoken false statements in the digital realm. It can take various forms, such as false content on websites, misinformation, or even fake news. This may lead to considerable reputational and economic losses coupled with deep emotional distress.

Peculiar Nature of the Internet and its Impact on Online Defamation

The Internet has a peculiar nature: permanent and quick with a hyperthymesiac memory. Generally speaking, the internet has a very wide audience and a high potential to trespass territorial boundaries. This is evident from a 2023 report by the International Telecommunication Union, a UN agency, which outlines that a massive 5.4 billion people, or 67% of the global population, are using the internet. This shows how the nature of internet defamation can have disastrous and lasting consequences for one’s reputation.

Rebuilding from the Aftermath of Online Defamation

The present digital age demands a guarded online presence. Spread of false and egregious statements online could be fatal to an individual personal and professional reputation. The emergence of social media paves the way for circulation of negative content and false information instantly. Rebuilding requires a targeted Online Reputation Management (ORM) campaign. This starts with building a strong and positive online presence. Effectively and continuously monitoring mentions of your identity and brand on the internet is the obvious next step. Public relations firms and digital reputation specialists focus on the reduction and removal of online content to repair your online profile.

Conclusion

Online defamation can prove to be disastrous. The permanent and unforgiving nature of the internet only makes matters worse. A timely and targeted Online Reputation Management strategy is essential to mitigate its negative effects.

Frequently Asked Questions

1. Is defamation a criminal offense?

Generally speaking, defamation is a civil matter (tort)). However, defamation is characterized as a criminal offense in some states of the US. However, these are rarely enforced due to the presence of the First Amendment.

2. How to fight Online Defamation?

In such a lawsuit, it is advisable to consult an internet defamation attorney. Additionally, for the estimation of reputational and other non-quantifiable damages, an expert witness in damage valuation can be employed.

3. How do I get a defamatory website taken down?

A defamation lawsuit needs to be filed, upon which it must be proved before the court that the said website was defamatory. The court order asking the website to be taken down needs to be submitted to the hosting provider.