Can I Sue for Defamation of Character Over Something Said About Me Online?

If you've ever opened your social media account to discover false, harmful posts about you, you'll know first-hand how distressing online defamation can be. Defamation via social media isn't just hurtful — it can lead to real-life consequences, such as loss of employment, harassment or problems in your personal relationships.

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Understanding defamation law can help you determine whether you have a case, but it's worth consulting a lawyer who has experience in online defamation suits.

Defamation of character may apply when someone makes an untrue statement about you that damages your reputation. Defamation falls into one of two categories: slander and libel. Slander occurs when someone verbally expresses something reputation-damaging, while libel describes written defamation.

Laws around defamation of character vary between states. Most states don't categorize defamation as a crime. Instead, most jurisdictions class defamation as a civil wrong, or "tort." Therefore, you can sue someone for defamation under civil law.

Can I Sue for Defamation for Something Someone Posted Online?

You can sue for defamation for something posted online if you can prove the statements meet the threshold for being defamatory. While the rules may be slightly different in different states, you'll generally need to prove that:

• The statement was published by the person you're suing (the defendant)
• The statement harmed your reputation
• The statement was untrue

You can't bring a defamation of character lawsuit against someone if their statement is true. While the comment may damage your reputation, defamation law only deals with objectively false statements.

In addition, you can't sue someone for making a privileged statement. The law allows people to make potentially untrue statements in certain situations, such as judges in a court of law. This rarely applies to online comments, but an attorney can advise you whether a specific statement is privileged or unprivileged.

The law distinguishes between defamation of a private person and a public figure. Assuming you're not a public figure, you must only show that the person posted negligently. This means that a reasonable person would not have made the statement published by the defendant.

Public figures must meet a higher standard of proof and show that the defendant acted maliciously. Acting with malice means posting something the defendant objectively knew to be false or in a way that showed no regard for the truth.

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Defamation of Character Vs. Opinion

You can only sue someone for online defamation if you can prove that the person's statement was false. Therefore, you can't win a defamation lawsuit if someone merely posted their opinion, even if it is negative. For instance, a restaurant owner couldn't sue someone who posted, "This is the worst restaurant in the USA," because proving that statement untrue is impossible. In this example, the poster provides their opinion on the restaurant instead of the restaurant owner.

Whether a statement is fact or opinion can be open to interpretation. Let's assume the person above continued their statement, "I think this restaurant doesn't follow food hygiene practices." In this situation, the court must determine whether a reasonable person would interpret the post as a fact or opinion.

What Counts as Reputational Harm?

You'll usually need to prove that a defamatory statement caused measurable harm. For example, you may have a strong case if the person falsely accused you of a crime or the comments caused your boss to dismiss you from your job. You may also be entitled to compensation if the statements lead to harassment online or in real life.

Can I Sue for Defamation for Video or Photo Content?

While the wording around defamation refers to published statements, it applies to any untrue spoken or written statement. Therefore, you could sue someone for defamation if they make false, reputation-damaging comments about you in video content.

Recently, defamation cases involving modified photos have become more common. These cases arise when someone changes an image of a person or business in a way that gives a false impression of the individual or company involved. When assessing these cases, courts usually consider whether a reasonable person would consider the photo to represent the truth. Therefore, your chances of success may be higher if the modifications are challenging to detect.