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Defamation on Facebook and Twitter

Internet defamation of character is as easy to perpetuate as a blog post,

Facebook update, rating submission, or a forum comment. Your online

reputation is measured by the websites return as Google search results. Do you

know what people are saying and writing about you?

Defamation on Facebook and Twitter is becoming more and more common

every single day because it’s so easy to post a comment or an item onto your

Facebook wall or onto your Twitter account. And because emotions run high

sometimes, that spontaneous compulsion in you to say something really mean

about someone else or to make something up about someone else can be very

real, and it can result in big legal problems under defamation of character law.

Now, because it’s written defamation, then it’s typically going to be libel as

opposed to slander. Libel on the Internet is when someone actually writes

something that is classified as defamatory under defamation law. My name is

defamation attorney Enrico Schaefer. My law firm specializes in Internet and

online defamation of character cases. Today we’re talking a little bit about

Facebook defamation and Twitter defamation.

The first thing that you need to know if you have been accused of defamation

on Facebook or whether or not you believe you are a victim of defamation on

Facebook or Twitter is that these types of issues tend to be much easier to

resolve than when the defamation goes up on a website like Rip Off Reports,

Yelp, Google Places, or some of the other ratings websites that are out there like

Avvo, etc.

So, the good news is that for both the person who believes they’re the victim of

defamation of character and for the person who posted the statement, which

allegedly is a false statement of fact, which is subjecting you to a threat letter

for defamation, is that these posts can be removed. At least as long as they’re

not shared onto someone else’s wall already. So, unlike many situations that an

Internet lawyer will get involved in, this was one that has a remedy that can be

typically executed by both parties to the defamation.

So here’s the way it would typically work. Let’s say I’m an attorney

representing the person who believes they’re a victim of defamation of

character as a result of someone else posting something on Facebook, on their

wall, which is a statement of fact which diminishes their reputation and which is

factually untrue. What I’m going to do is I’m going to analyze the post. Make

sure that I can find a false statement of fact. Call out the opinions that might be

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in there that are first amendment protected, and see if there’s a false statement

of fact in the post that can be proven as true or false.

Assuming that I, as the plaintiff’s attorney, get through that hurdle, the next

thing I’m going to do is take a look at whether or not a threat letter is

appropriate to the person, the account holder on Facebook or Twitter who

actually posted that defamatory statement. I might contact them through

Facebook inbox, or I might contact them as a result of other information I’m

able to pull off of the Internet about who they are, where they’re located, and

who they work for.

I’m typically going to try and send that defamation of character threat letter in

as many different directions as I can to that person. If I am representing the

person who’s been accused of defamation of character on Facebook or Twitter,

what I’m going to do is the same thing. I’m going to see if the statement

qualifies as opinion or whether or not there’s potential liability for defamation

of character as a result of what is said there.

In either instance, the goal is to potentially try and resolve the defamation issue,

and in that instance, if I’m representing the plaintiff, we’re going to demand that

the post be removed. We might demand a retraction. We might demand any

number of different things to go along with that.

If I believe that there’s liability and I’m representing the defendant in a

defamation of character on the Internet issue, such as on Facebook or Twitter,

then what I’m going to do is I’m going to advise the client to potentially remove

the post, assuming that we can get a release of liability from the person who’s

making the accusation of Facebook libel.

So those are the ways that we’re going to typically handle these issues. Twitter

is a little bit more challenging because of how easy it is for people to share

tweets. So assuming that I can remove the tweet from my own account page, I

may not be able to remove the tweet from other people’s account page. That

might require some additional work, asking people to remove the post, etc.

The good news is that in many instances there’s not a lot of sharing going on,

on Twitter. It’s the unusual tweet that actually results in someone reposting a

tweet. So, these things can spread like viruses if in fact they’re popular, the

person who’s being defamed is a famous person or someone who is known

within an industry.

My name is defamation of character attorney Enrico Schaefer

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How to Prove Defamation of Character on the Internet….

Defamation of character claims can be challenging, but here’s what you need to

know about what you have to prove in order to establish internet defamation or

defamation of character on the web. In order to show that there is a defamation

that has occurred, you have to prove that there was a false statement of fact

about you or your business. Now, what is a false statement of fact? A false

statement of fact in a defamation claim, whether it’s slander or libel is a

statement that can be proven either true or false, or is false by implication.

Internet defamation of character is as easy to perpetuate as a blog post,

Facebook update, rating submission, or a forum comment. Your online

reputation is measured by the websites return as Google search results. Do you know what people are saying and writing about you?

How to prove defamation of character on the internet? It’s a common question

that clients who contact us have. When you are the subject of a defamatory,

false, disparaging statement that gets posted on the internet let’s face it. It really

hurts. It’s personal, because you are being attacked personally, your reputation

is being attacked personally and being posted on the World Wide Web.

The internet is a place where anyone can post anything about anyone, and it

doesn’t matter to the poster oftentimes whether or not what they are saying is

true. They in fact want to hurt you. My name is Defamation Law Attorney

Enrico Schaefer, and today we’re going to be talking a little bit about, how do

you prove defamation of character when that defamation is posted on the

internet?

Now, defamation is a very complex area of law and there are a variety of

elements in a defamation claim that you would have to prove if you were ever

to file a defamation case in court. So, before you sue someone for defamation of

character as a result of an internet posting, you need to understand where the

lines are. This could be a very difficult issue because, again, if it’s you and what

is said on the internet really makes you look bad, your initial inclination is

going to be to want to file a lawsuit for defamation.

Defamation of character claims can be challenging, but here’s what you need to

know about what you have to prove in order to establish internet defamation or

defamation of character on the web. In order to show that there is a defamation

that has occurred, you have to prove that there was a false statement of fact

about you or your business. Now, what is a false statement of fact? A false

statement of fact in a defamation claim, whether it’s slander or libel is a

statement that can be proven either true or false, or is false by implication.

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So, let’s take an easy example. If I say that someone was driving in a white car

and that I saw them on such and such a date at such and such a time, driving in a

white car, that’s something that theoretically can be proven as true or false.

Either you were or were not driving at that time in a white car. So that is an easy

statement of fact. If I say that you were riding in an ugly car on such and such a

date at such and such a time that is not a statement of fact. At least as it relates

to whether or not the car was an ugly car.

The statement that a car was ugly is in fact a statement of opinion and is

protected as First Amendment freedom of speech. Now, if you say that it was an

ugly car and it was on such and such a date and such and such a time and the car

was ugly, well it may be false in the sense that you weren’t driving that car on

that date and time. But that wouldn’t defamatory either because it doesn’t

disparage you. The statement that you were in an ugly car on a certain date and

time and you weren’t driving that car on that date and time, the false part of that

statement, the date and time, may be a problem in that it is provable as false.

But it doesn’t disparage you.

So, not only do you have to establish for a defamation of character claim that a

false statement of fact was made about you. But you also have to establish that

that is a defamatory statement. It’s one which disparages your reputation. It’s

one which an average person would think less of you if they read it or heard it

or saw it.

So, these are the things that are really important. Now, ultimately there’s a very

complex issue concerning defamation damages and how you go about

establishing defamation damages. We’re not going to talk too much about the

defamation damages issue today. Consult a defamation law attorney if you want

to understand better whether or not you’re going to be able to establish damages

against a person who has posted a false statement against you on the internet.

That is a very complicated issue. In certain instances the defamatory statement

may be presumed to create damages to you and be characterized as defamation

per say. That is a subject for a different day. It’s far more complex.

What you need to understand first, here, is whether or not you have a claim

that’s even in the ballpark so that you can either send a defamation threat letter

asking them to take down the defamatory content, or to ask the website host to

take down the defamatory content. That is an easier issue to get your brain

around. Just because it hurts doesn’t mean it’s defamation of character. It has to

be a false statement of fact which diminishes your reputation.

So, this is very, very important. Defamation law is always very fact specific.

That means that each case is different. One of the things that our defamation

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attorneys will do is an initial assessment so that they can understand better the

facts and give you advice as to whether or not you have any leverage under

defamation law, because in fact it does qualify potentially as defamation under

the statute that applies in your particular state.

So, how to prove defamation of character? Very common question. The first

things that you as a client need to be understand are the elements, the base

elements that you’re going to have to be able to establish. If in fact you cannot

establish that a false statement of fact was made about you, or that even if it’s a

false statement of fact that it doesn’t diminish your reputation, you need to

know that right out of the gate, because they you’re going to have very few

options in terms of moving forward.

That doesn’t say that you can’t have the content removed. A good defamation

attorney will give you some strategies to at least give you a chance to have the

information removed. But you need to be able to establish the elements of

defamation in order to really get the leverage that you need.

Now, as a defamation attorney, one of the early issues that we will always take

a look at is the statute of limitations for defamation. If the information has been

posted on the internet for a long time and you’re just finding it, there may be a

statute of limitation issue where you can no longer establish the defamation

claim because you’ve waited too long.

If it’s a defamatory statement that you are just discovering after many years,

there may be a tolling of the statute of limitations which will help you out there.

The number one lesson that any good defamation law attorney will tell you is

that you need to make sure that you act within the time frames allowed under

your state defamation law, typically one to two years from the time that the

defamatory information is posted on the internet.

Making and Using a Fake Profile…..

It is so easy to sit down at your computer, iPad, or smart phone and vent your

aggression, anger, or frustration by posting negative or false comments about

someone else. In order to protect yourself, you create a special gmail address

containing a name that is not in any way related to you. You use this gmail

address to create an account on Yelp, ComplaintsBoard.com,

RipOffReport.com, Google, or some other platform. You then set to work,

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flaming the person who is the target of your anger and frustration with all kinds

of statements that you know will hurt their reputation.

You think you are very clever. You smile knowing how smart you really are.

You feel anonymous and powerful. But guess what? An internet defamation

attorney such as myself can find out who you are. Chances are, you have left

digital clues as to your identity in the defamatory post itself or related to the

account you created so cleverly to remain anonymous. But even if a good

internet and technology attorney cannot quickly identify you from your digital

trail, I could always send a subpoena to the platform on which you posted.

Chances are, they have your IP address which will tell me what internet

connection you used in order to post anonymously. From there, I can subpoena

the internet service provider to find out who owns the account through which

you accessed the internet. Assuming that doesn’t reveal your identity, I can

always identify the computer used on the account to access the internet and

trace it directly to you. You are no longer anonymous.

Sometimes, it is important to take a step back and take a big breath of fresh air.

Do not let your anger and frustration compel you to do something you will later

regret. While posting false and defamatory information is as easy as starting up

your laptop, or turning on your smartphone, the damage that can be done to both

you and the target of your frustration can last a lifetime. Even the best computer

hackers in the world can often be traced and identified. Chances are, you don’t

qualify as a world class hacker. I will find you. You will have to answer for the

comments that were made online.

Doctor / Proffesional defamation is one of the most common types of

defamation on the internet that we see. Our web defamation, slander, and

libel attorneys work with a variety of hospitals, doctors, physicians, and

nonprofit organizations who are battling to protect their reputations online.

Doctor defamation tends to be more common because of the emotional

component of physician/patient relationships and the care being provided. The

stakes are high for the patient. That emotional component often translates into

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false or negative commentary posted on websites, blogs, facebook, twitter,

and other social media forums where defamation is as easy to post as hitting

“enter” on your computer keyboard.

There are a variety of different strategies that a good, experienced internet libel

attorney will consider before responding to a false statement posted about a

doctor, hospital, or physician. Like many areas of internet law, handling internet

defamation cases requires tremendous skill and experience. There is far more to

consider than just the legal elements of a defamation, libel, or slander legal

claim. Perhaps the most important factor is who you are dealing with.

Understanding who posted the false statements about you is as important as

any other factor. Is the person who posted about you anonymous? Do you know

who the person is who posted the false statements about you on the internet? Is

the person who posted negative comments or ratings a former or current

patient? Do you think it is possible that one of your competitors is pretending to

be a current or former patient?

Doctor defamation could cause serious harm to your business and reputation.

You need to understand your options, legal claims, and get educated about the

important variables in handling a doctor defamation case.

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