What is defamation? It is the act of harming or injuring the reputation of another person, by sharing a false statement to a third party. There are two forms of defamation: libel and slander. Libel is when that statement is reduced to writing, which includes pictures, words and videos on the Internet. Slander is the spoken word.
A defamatory statement attacks someone’s character or accuses a person of an act that may be considered unethical, immoral, or unspeakable. There are several essential elements of defamation:
- The statement must be a defamatory statement (causing injury to one’s reputation)
- Must be a statement of fact
- Must be a false statement
- Must be published to a third person (shared with another person)
- Must cause injury or harm to the person
With the rise of social media and self-publishing tools, the ability to create content and comment on others content is as easy as clicking your mouse. Social networking is fun, fast-paced, and easy to do, and it allows us to say things in the heat of the moment, without regard to the consequences. Defamation occurs when we don’t think before we click.
In fact, just as intellectual property applications have increased due to the spread of COVID-19, so has the number defamation lawsuits. Visitors of restaurants are using Twitter to rant about the lack of physical distancing. Even news articles are being published with subjective COVID-19 accusations, impacting businesses and personal reputations.
Often these suits arise, because it’s difficult to distinguish between a statement that is an opinion and a statement of fact. To rise to the level of defamation, the statement must be a statement of fact. There are no grounds for defamation if the statement is merely one’s opinion. The challenge is knowing the difference. So this author’s suggestion is
- Be mindful of what you say on any social media site.
- If a statement can be construed as a statement of fact, make sure you can prove that it is true.
- If you are stating your opinion, be sure that is clear, and state that it’s your opinion.
The internet is a great place to give and take information, but at the same time provides another outlet for defamation claims to arise. Being truthful or clear that you are merely stating your opinion can help avoid these problems.
Until next time, I’m Francine D. Ward, reminding you to protect your assets!
Francine D. Ward
Attorney-at-Law, Author, Speaker
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Don’t miss Francine’s Latest Blogs:
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- Vision and ValuesVision and Values And Esteemable Acts® Vision and Values. Believe it or not, every choice we make contributes to the life we live. Whether we act with integrity, make progress… Read more: Vision and Values
- Freelance LawsFreelance laws. Several states have enacted freelance laws to protect the rights of freelance workers. Among the growing list is New York. If you or someone you know works as… Read more: Freelance Laws
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Sorry for the delay in getting back to you. Did you find a lawyer to address your issue? What state are you located in? If you are in California or NY I can possibly help you.
Joel, what state are you located in?
Lori,
I am so sorry you have experienced such pain. Freedom of speech does not mean people have a right to say anything they want. But the problem is, even if you (as a nonlawyer) think all the elements of a defamation claim have been met, there is still more to filing a lawsuit. If you are ready to invest thousands of dollars, then I can guide you to where you can find a Washington State litigator. Let me know.
Sorry you had such a rough day at work–I get it. With more facts, it’s hard to know. But a few questions I’d want answered if I was your attorney are:
1. How did people at work hear about it
2. was it something that negatively impacted your reputation
3. Can a link be made to work, like it was still on company time, using a company email address to access FB,
4. Are you a “friend” on FB of the person who made the remarks
5. Did a work supervisior/manager relay this info to you
The point is, there are many questions, which need an answer. I’d suggest you contact the NY State Bar (http://tinyurl.com/2ebjnye) and find an attorney locally, especially in the event you decide to take legal action.
Hope to see you in San Antonio!
Dear Francine
I joined Diversity Executive network. Adult content has been attached to my membership profile. Yes, I have contacted the editor with a copy of the search on my name, the results and the code where it has been embedded into the website.
I have received information from diversity executive network stating that they are no longer taking memberships and can only be accessed through linked in. Additional research has indicated that the same company owns the content, as well as owning the company that manages the site.
The information has not been removed.
Furthermore, my given is “Tomeatha” and this is the only spelling of that name on the web. I am currently applying for jobs requiring security clearance. I do not want this information retrieved since I am not responsible for this.
Any advice would be helpful
Mr/Mrs T Malone:
Based on the extent of your facts, you really do need to hire an attorney who can offer you specific advice based on your particular situation.
I was slandered in a custody battle to which my daughter lost before she was ever served notice of the case. Can I sue for defamation of character for the lies presented by her ex-boyfriend and the freinds of the court in Michigan, who by their own statement only based their investigation based on the ex’s statements?
so much i need to ask about. im widowed and i four sons for my husband. they all are grown now. im ready to speak on all that i have been through and im ready to make a living by doing so. plz call me at 646 326 7928 ty so much. God bless.
Not sure what you need or how I can help, but feel free to send me an email through my website (www.fwardattorney.com)