What Can You Do About Online Defamation?

17 December 2014 by Jonathan Phillips

When someone posts something harmful about you online, there is a possibility that you can hold him or her legally responsible. There are some key requirements and laws that help determine just what actions you can take. Here is what you need to know about online defamation.

What Is Online Defamation?

When someone makes a defamatory statement about you on a social media site or other webpage that is not true, it is considered to be online defamation. There is also an additional requirement that states that the person posting the statement must be aware that it is not true. 

The comment could be made anywhere online including on a newspaper's website, social media sites such as Facebook or Twitter, and chat rooms. The problem with online commenting is that the comment can be easily made and remain for days before it is removed by the person who posted it or a site administrator. The amount of damage it does to your reputation could be tremendous. 

Are There State Laws That Protect You?

Online defamation is tricky. Some states do have laws that provide some protection, but there is a catch. Your state might only cover comments made by people who live in the same state. The problem with the Internet is someone could make a defamatory statement from anywhere in the world. 

There are some states that do not have laws that provide protection to victims. This does not mean that you cannot take action. It just means that you and your personal injury attorney will have to build a strong enough case that the judge has no choice but to decide in your favor. 

Can You File a Lawsuit Against an ISP?

If you cannot go after the person posting the defamatory remarks about you, you probably want to stop his or her ability to post those remarks. One seemingly logical way would be to sue his or her Internet Service Provider, or ISP, in an effort to hold it accountable for not intervening when the abusive remarks were posted. 

Unfortunately, the law is not on your side. In fact, the Communications Decency Act protects the ISP from being sued. The federal law restricts you from holding an ISP responsible for its customers. 

What Can You Do?

You can file a lawsuit in court against the person who posted the comments. Keep proof of the posts, get witnesses, and gather proof that you were personally harmed by the remarks. Lawsuits have been filed and won in online defamation cases. 

Your attorney can help you review your state's laws to determine all of your legal actions and help you put together a lawsuit. To learn more, contact professionals like Mauro Savo Camerino Grant & Schalk with any questions or concerns you have.

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