In 2006, a jury awarded $11.3 million in a case involving defamatory online posts.** This case, along with many others, highlights how our communication has changed with the rise of the internet. Because so much content is posted online without filters or fact-checking, defamation lawsuits are now more common to stop harmful posts or seek damages for reputational harm.
With more people spending time online, the impact of what’s written about people and businesses has increased. While instant access to reviews and opinions can be helpful, it also means anyone can harm someone else’s reputation with a single post—whether true or false.
Online anonymity often makes people feel free to post things they would never say in person. Social media and forums can quickly become filled with angry comments, accusations, and insults. Unfortunately, online bullying is a common problem, showing how easily people can misuse online platforms without thinking of the consequences.
Before the internet, people mainly connected through in-person conversations or phone calls, which were usually private. Today, communication often happens online and can reach thousands or even millions of people. For example, if someone tells a few friends they had a bad experience at a business, it affects only a small circle. But if they post it online, it could be seen by many more.
Maintaining a good online reputation is crucial for businesses and individuals. But what can they do if someone spreads harmful lies? For example, if a person posts false negative comments about a business out of spite, the business owner can seek legal protection.
Defamation lawsuits have become more common. Defamation is a false statement of fact that harms someone’s reputation when communicated to a third party. When it’s written, it’s called libel; when spoken, it’s called slander. Businesses and individuals use these suits to protect themselves from harmful online statements because a single post can cause serious damage.
Online reviews can be helpful, but they also raise questions about defamation. Defamatory statements must target a person or business, not just a product. For instance, falsely claiming that “Bob, the owner of Bob’s Hot Dogs, is a convicted criminal” could lead to a defamation lawsuit. However, if it’s true, truth is a defense against defamation claims.
Even if you’re telling the truth, be cautious before posting online. For example, if “Bob” warns others about being defrauded by “Jack” online, he could still face a defamation lawsuit. Defending against such claims can be costly, even if you ultimately win.
Bottom Line: Be Careful How You Speak Up
If you have a legitimate complaint, consider your options carefully. Hiring an attorney to send a cease-and-desist letter might be more effective and less expensive than posting online. Small claims court can also be a good option for resolving disputes without the high cost of legal battles.
The key takeaway: be proactive and seek legal advice if you are facing defamation or considering a public complaint. Avoid posting grievances online or discussing them without understanding the potential consequences. If you are being defamed, consulting with a lawyer can help you protect your reputation.
Note: All examples are fictional and any resemblance to real people is purely coincidental.
*This blog post is for informational purposes only and does not constitute legal advice; please consult a qualified attorney for guidance on your situation.
**http://www.usatoday.com/news/nation/2006-10-10-internet-defamation-case_x.htm
