Can I Sue for a Damaging News Article?

TRANSCRIPT

Introduction

If you end up in the news for the wrong reasons, you may want to sue for damages. But wait, there may be easier ways to get the article removed. Keep watching.

I’m Nate Woodward, an attorney here at Minc Law, the nation’s leading law firm when it comes to online defamation, content removal, and online harassment. I’ve been working with clients who’ve dealt with damaging news articles for two years, and I’ve had success in getting articles removed from all manner of publications, from national news sites to niche blogs.

If there’s bad press about you on the internet, when people Google you, that’s what they notice. This can cause a lot of damage to your reputation and career. But even if it’s damaging you, it’s very rare you are able to sue. Don’t worry, the solution may be a lot simpler than litigation. I’ll walk you through the steps you can take to get the article taken down and repair the damage.

Let’s get started.

Challenges of Suing for Defamation

Statute of Limitations

It’s possible, but difficult, to bring a lawsuit for a negative news article. Often when a client comes to us about a negative news article, it’s well past the statute of limitations for bringing a lawsuit. So even if the content of the article could be sued about, the time for bringing such a suit has long passed.

Reporting False Criminal Charges

Another issue that we run into a lot is when an article accurately reports what are ultimately false criminal charges against a person. Typically, you can’t sue for defamation about that.

What Constitutes Defamation?

Defamation is defined as a false statement of verifiable fact, meaning it’s something that either did happen or didn’t happen, and the plaintiff will be required to prove the truth or falsity of the statement. Negative opinions, ridicule, or truthful reporting of events that don’t reflect well on someone are not defamatory.

Proving Truth or Falsity

Proving the truth or falsity of a statement often depends on the credibility of witnesses and the availability of circumstantial or documentary evidence.

Types of Evidence

• Documentary evidence: This could include screenshots of text exchanges, emails, or business records.
• Other evidence: Any material that helps show the truth or falsity of the statement in question.

Calculating Damages

When calculating damages for defamation cases, it depends on the severity of the statement and whether the jurisdiction allows for recovery of general damages.

The First Amendment and Defamation

Defamation is almost an exception to the First Amendment. If a statement is false, harmful, and causes damage, it is not protected speech under the First Amendment. However, other negative statements that are not defamatory remain protected.

Alternatives to Suing: Contacting the Publisher

If you can’t sue, you can still contact the publisher of a damaging news article and ask them to remove it from their website.

How to Approach the Publisher

At Minc Law, we reach out to the publisher, editor, or reporter who published the damaging article and request they take it down. Typically, this approach is not an aggressive legal threat but rather a polite request for editorial discretion to remove the published content.

Factors Considered in the Request

• The amount of time that has passed since publication
• The severity of the offense or incident described
• Whether the incident was legally determined to be true or false
• The ongoing detrimental effects of the negative article on the subject’s life

Managing Your Reputation

If the article can’t be taken down, there are still things you can do to manage your reputation online.

Promoting Positive Stories

One strategy is to seek the publication of positive stories that reflect well on your image. This can help minimize the presence of negative articles in your Google search results.

Remembering Your True Self

It’s important to remember that your online image is only part of who you are. A negative publication doesn’t need to define you for the rest of your life.

Conclusion

If you have any questions about removing damaging news articles from the internet, leave a comment below or head over to our Legal Resource Center at Minclaw.com.

If you believe you have a valid claim for removal and want one-on-one guidance, reach out to us by calling the number on the screen or filling out our contact form.

Don’t forget to like this video and subscribe to our channel for more legal insights.

This is Nate Woodward from Minc Law, and I’ll see you in the next video.

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