Social media might seem like a lawless environment where cruel comments and reckless libel are simply the order of the day—but there have been instances where courts have classified social media posts and comments as defamation of character.
Defamation of character, also simply known as defamation, refers to the act of making false statements about someone that harm their reputation. It is considered a civil wrong or tort, rather than a criminal offense, and involves spreading information that can damage a person’s good name or standing in the community.
This is true both in a country like the UK, where defamation is generally easier to prove, and the US, where the legal threshold is much higher.
So should you find yourself the victim of social media abuse and libel, there are steps you can take. However, you need to first confirm that you are dealing with a case of social media defamation.
What Is Defamation?
Defamation is a false statement presented as fact that harms the reputation of a person or organization. Defamation is generally divided into two forms: libel and slander.
- Libel: Defamation that appears in written or published form. In the context of social media, potentially defamatory posts, comments, and other published content may fall into this category.
- Slander: Defamation that is spoken rather than written or published, such as a defamatory statement made verbally.
Not every vicious or negative online comment is necessarily defamatory. For a statement to meet the legal definition of defamation, it must meet specific legal requirements: it must be false, made by a third party, and capable of seriously harming your reputation.
It also has to be done “with fault,” meaning you have to be able to show that someone was acting unreasonably and irresponsibly when making the statement.
In the case of a newspaper or news website, for example, it’s reasonable to expect the organization to do some fact-checking before printing a contentious statement.
According to the Electronic Frontier Foundation (which has a great web page on online defamation law), there are three elements that must be proven during a defamation claim:
- The statement is false
- It is communicated (published) to someone other than the person who is the subject of the statement.
- It is about the plaintiff (the person who is the subject) and have the potential to harm their reputation
Taken together, these elements help distinguish defamatory social media content from statements that may just be negative or harmful, but do not meet the legal standard for defamation.
What Is Social Media Defamation?
Social media defamation is the publication of a false statement about a person or organization on a social media platform that harms their reputation. It can include posts, comments, images, or other published content.
However, a negative, insulting, or critical social media post is not automatically defamatory. To be considered defamation, it must meet the criteria noted above.
Examples of Social Media Defamation
Social media defamation can take many forms. Potential examples of social media defamation could include:
- False accusations of criminal activity: Posting an untrue claim that a person committed theft, fraud, or another crime
- False professional allegations: Claiming without basis that a professional engaged in misconduct that could damage their career or reputation
- False statements about a business: Publishing fabricated claims about a company's practices, products, or conduct that could harm its reputation
- Defamatory comments and replies: Making false, reputation-damaging statements about someone in the comments or replies to another social media post
- Repeating defamatory claims: Sharing or reposting a false allegation can potentially spread the damaging statement to a much larger audience
These examples are different from simply expressing a negative opinion or criticizing someone online. Whether a particular post constitutes defamation depends on the content, context, applicable law, and circumstances surrounding the statement.
6 Steps to Dealing with Social Media Defamation
If you’re confident that you are indeed dealing with an instance of online defamation, there are several steps you can take to remedy the situation. This includes knowing how to deal with slander and other forms of defamation on social media.
The six steps below can help you assess the situation, preserve social media evidence, seek professional guidance, and determine whether further action is appropriate. Depending on the circumstances, that could mean choosing not to respond, issuing a public statement, sending a cease and desist letter, or pursuing legal action.
1. Do Nothing
As difficult as it can be to do, your best choice is sometimes simply to do nothing. You have to consider the true damage that the statement is likely to cause.
Is it worth the cost and frustration of a legal matter? Will responding perhaps only make the situation worse and throw fuel on the fire? Even if you do intend to take action, you should still resist the urge to immediately jump in and leave your own angry online defense.
Getting embroiled in an X (formerly Twitter) flame war is almost always counterproductive—a far better strategy is to capture the post or comment in question before it is deleted by the author, in case you would like to take action in the future.
2. Collect Evidence
As mentioned above, there’s always a risk that a defaming statement will be edited or deleted, so it’s important to act quickly. You want to capture and preserve the article, post, or comment—preferably with a forensic-grade social media capture tool that’ll create an authenticated and defensible copy that can stand up in court.
If you don’t use a forensic preservation tool, you may end up having to navigate social media evidence admissibility issues, which can hurt your case.
(If your situation goes beyond just social media sites to third-party websites, click here to learn more about capturing online evidence of defamation.)
3. Get a Lawyer
To help you understand if you’re dealing with a genuine case of defamation, as well as explain your best options in addressing the issue, it’s a good idea to consult with a lawyer.
A lawyer will be able to provide expert advice and guide you in the right direction. Once again, it’s important to consult a lawyer early on—before you make any rash decisions or respond too hastily.
4. Send a Cease and Desist Letter
If warranted, a lawyer can help draft a cease and desist letter. A cease and desist letter is simply a document sent to a company or individual to demand the cessation of an activity. In this case, taking down the statements in question.
They can always decide to ignore the demand, in which case you can decide if you want to take the matter to court. However, a strongly worded letter from an intimidating law firm is often enough to get a defamatory social media post deleted (provided it your defamation claim is legitimate and the cease and desist is sent in good faith).
Of course, the damage might already be done, but sending a cease and desist letter is still a good early step. This is especially useful in cases of defamation of character on social media.
5. Publish Your Own Statement
While it’s a bad idea to jump into a shouting match on X or Facebook, creating your own statement to refute a claim can be a smart move.
Importantly, it should be a calm and measured response delivered through an appropriate channel (this could be through a personal or company website, a press release, LinkedIn, or even a news site).
Never respond while emotions are high. Even if your gut instinct is to respond immediately and refute the statement in question, it is always worth taking the time to think it through. It’s worth getting the help of a PR firm or some other communications expert when drafting and distributing your statement.
6. Sue for Defamation
While never to be undertaken lightly, taking the culprit to court is sometimes the only way to deal with defamation of character, especially if a cease and desist letter was ignored.
As mentioned at the start of the article, the success of a defamation of character suit depends on the particular jurisdiction. Fortunately, courts across the globe have shown a willingness to keep social media trolls accountable.
Mistakes to Avoid When Handling Social Media Defamation
When a potentially defamatory statement appears online, acting too quickly can make an already difficult situation worse. Avoid these common mistakes as you decide how to respond:
- Responding in anger: A public argument can escalate the situation and draw more attention to the original statement. This is so common it has its own term: the Streisand effect.
- Waiting to preserve evidence: Posts can be edited or deleted quickly, so capture important content as soon as possible. While you should wait to respond, you should collect all evidence immediately. And not just screenshots.
- Relying only on screenshots: Screenshots don’t capture the context and information needed to authenticate online evidence. Opposing counsel could claim the evidence has been edited or altered and is not what you say it is.
- Assuming all criticism is defamation: Negative opinions and insults do not automatically meet the legal standard for defamation. Though they may be upsetting and hurtful, threatening legal action in these cases will likely bring you more negative attention.
- Altering relevant content: Avoid deleting or changing potentially relevant posts, comments, or messages.
- Acting without legal guidance: Defamation laws vary, so consult a lawyer before deciding on legal action.
How to Protect Your Reputation Against Social Media Defamation
Social media moves quickly. A damaging post can spread to thousands of people and then disappear just as fast. That makes a measured response and a reliable record of what actually happened especially important.
Before deciding what action to take, make sure you have preserved the content in a way that accurately reflects how it appeared online. Having defensible evidence gives you and your legal team a stronger foundation for determining what comes next.
WebPreserver Evidence Collection allows you to capture and preserve social media and other online content in a defensible format directly from your browser, so critical evidence remains available even if the original content is edited or deleted.
Frequently Asked Questions About Social Media Defamation
Can social media posts be considered defamation?
Yes. A social media post can potentially be considered defamation if it contains a false statement, is communicated to others, and harms or has the potential to harm a person’s reputation. A negative or insulting post alone does not necessarily meet the legal requirements for defamation.
What is the difference between libel and slander on social media?
Libel generally refers to defamation that is written or published, while slander refers to spoken defamation. Because social media posts and comments are published in written form, potentially defamatory statements made through them may be considered libel.
What should you do if someone defames you on social media?
Avoid immediately responding in anger. Consider the potential harm caused by the statement and preserve the content before it can be edited or deleted. Consult a lawyer to determine whether the statement meets the legal requirements for defamation and what action to take next.
How do you preserve evidence of social media defamation?
Capture and preserve the post, comment, or other online content as soon as possible because it could be edited or deleted. Make sure to use a forensic preservation tool that can create an authenticated and defensible copy of the content.
Want to learn more? Check out our page, The Essential Online Investigation Guide for Websites, Social Media, and Team Collaboration Tools.
