The internet transformed the world in wonderful ways — but it’s also a cacophony of anonymous, relentless, spiteful voices. In an instant, someone can pollute the information stream with damaging, false information that destroys lives and businesses. Like a virus, this content metastasizes — and when it crosses a legal line it’s internet defamation.
What Is Internet Defamation, Legally Speaking?
There are two basic types of defamation: spoken and written. Spoken defamation is slander; written defamation is libel.
Internet defamation occurs when one party purposefully harms another party’s reputation by disseminating false information online.
To bring a case for defamation, claimants must satisfy the three pillars of slander and libel.
- False Statement: The utterance in question must be about the claimant and demonstrably false;
- Harm: The statement(s) in question must do harm to the claimant;
- Neglect or Actual Malice: Depending on the public status of the claimant, they must prove that the defendant acted either negligently or with actual malice;
Of course exceptions exist, but these are the three basic parameters of internet defamation.
Courts Have Defined Defamatory Statements In Several Ways
- A false publication causing injury to a person’s reputation, or exposing the person to public hatred, contempt, ridicule, shame, or disgrace, or affecting the person adversely in his or her trade or business.
- The publication of anything injurious to the good name or reputation of another, which tends to bring him or her into disrepute.
- That which tends to injure reputation or to diminish the esteem, respect, good will, or confidence in the plaintiff or to excite derogatory feelings or opinions about the plaintiff.
- Communications made by a defendant to a third party that cause injury to the plaintiff’s reputation by exciting derogatory, adverse, or unpleasant feelings against the plaintiff or by diminishing the esteem or respect in which the plaintiff is held.
- The publication of material by a person without a privilege to do so that ridicules or treats a plaintiff with contempt.
- An unprivileged publication of false statements that naturally and proximately results in injury to another.
Who Can You Sue for Internet Defamation?
Due to Section 230 of the Communications Decency Act, individuals and businesses cannot sue online platforms for things that account holders or commenters say — unless the website has editorial control over the entire site. For example, parties can sue NYTimes.com — the New York Times’ online home — for defamatory statements in articles. Conversely, Facebook cannot be sued for comments made by “Jane Doe” against “John Doe.”
Do You Have More Questions About Defamation?
Do you have more questions about defamation law? Check out our blog. If you’re a researcher or journalist who’d like to speak with an attorney about internet defamation, get in touch. Are you entangled in a situation and want to consult a lawyer? If so, reach out. When you do, we’ll connect you with someone who can help.