Social media law 101 |
dEFAMATION
Defamation is defined as an untrue statement that inflicts damage to one’s reputation or character. It must be presented as factual, be published (website, print, social media) and inflict damage on the plaintiff in some way. There is no basis for a defamation claim if the statement is true; the plaintiff must be able to prove that the statement is false and the author or speaker know it was untrue. In addition, the statement cannot be presented as an opinion, as opinions are protected under the First Amendment. However, if a statement implies that there are false underlying facts without stating them, then it could be considered defamatory.
For example, if someone writes “I think Restaurant X has a rat infestation,” that may not be protected under the First Amendment as readers could assume that there are unstated facts that support the conclusion. Context and medium are also taken into consideration, as statements in an anonymous blog are regarded differently than in a reputable news article.
If you believe that your business has been subject to defamation, legal action can be taken. You will need to provide proof of defamation in some way, but the slander only needs to be seen by one other person to be considered defaming. Written or published defamation is considered libel, and can be seen in Yelp reviews, social media posts, online blogs or news sites for example. Claims can be brought against the author of the statement only. Based on Section 230 of the Communications Decency Act, internet service providers and hosts are protected from lawsuits relating to defamation as they are not to be treated as the speaker or publisher of defaming information. Elements that are required for a defamation lawsuit include proof that a defamatory statement was made, the statement was false and the author knew it was false, it caused harm or injury, was published in some way and it was not privileged.
For example, if someone writes “I think Restaurant X has a rat infestation,” that may not be protected under the First Amendment as readers could assume that there are unstated facts that support the conclusion. Context and medium are also taken into consideration, as statements in an anonymous blog are regarded differently than in a reputable news article.
If you believe that your business has been subject to defamation, legal action can be taken. You will need to provide proof of defamation in some way, but the slander only needs to be seen by one other person to be considered defaming. Written or published defamation is considered libel, and can be seen in Yelp reviews, social media posts, online blogs or news sites for example. Claims can be brought against the author of the statement only. Based on Section 230 of the Communications Decency Act, internet service providers and hosts are protected from lawsuits relating to defamation as they are not to be treated as the speaker or publisher of defaming information. Elements that are required for a defamation lawsuit include proof that a defamatory statement was made, the statement was false and the author knew it was false, it caused harm or injury, was published in some way and it was not privileged.