How to Handle Slander on Instagram

Social media has become a breeding ground for outrage, bullying, and defamation, and unfortunately, the nature of social media makes such things extremely public. Slander on Instagram can have devastating consequences for your personal and professional reputation.

To report slander on Instagram,

1. Click the 3 dots in the top right corner of the ‘slanderous’ post;
2. Select ‘Report’;
3. Select ‘Report Post, Message or Comment’ or ‘Report Account’
4. Select the reason that you are reporting the post, message, comment, or account;
5. Complete the on-screen instructions relevant to your slander issue.

In this article, we discuss the definition of slander and walk readers through the process of reporting itg on Instagram. Then, we explain how to handle slander on Instagram and how to take legal action to stop and remove defamatory Instagram content.

What is Considered Slander on Instagram?

Defamation is the act of publishing a false statement of fact to a third party that ultimately causes damage to another’s reputation. Defamation is an overall term for two different types of defamation: slander and libel. Slander is defamation that is spoken, while libel is defamation that is written.

An effective way to remember the difference between libel and slander is that “slander” and “spoken” both begin with an S.

Slander on social media is often a misnomer, as it is commonly used to describe false statements that are written – this is in fact libel.

Social media defamation is content published to a social media platform that defames a person or business. Other common terms for this type of defamation include slander, libel, cyber defamation, disparagement, character assassination, cyberbullying, and cyber harassment.

Common Examples of Defamation on Instagram

Reputation-damaging lies that are spoken aloud or communicated orally on Instagram may be considered slander. Livestreams and videos, for instance, can be slanderous if they include defamatory statements, while libel commonly occurs in posts, comments, captions, memes, messages, or photoshopped pictures.

Opinion, however, does not constitute slander on Instagram. For example, if a user comments on a photo you posted and says it is ugly, this comment would not fall under defamation. Saying an image is ugly is an opinion and therefore not an actionable claim.

What Can You Do If Someone Is Slandering You on Instagram?

If you or your business is being slandered on Instagram, we recommend taking the following steps:

1. Cease Contact With the Slanderer

First, as obvious as it may seem, it deserves to be stated: cut off all contact with the slanderer. Do not engage in a public argument or even message them privately. Doing so will almost always only make matters worse.

2. Report the Slander to Instagram (For Non-U.S. Residents)

In the United States, Instagram is protected under the landmark piece of internet legislation known as Section 230 of the Communications Decency Act and cannot generally be held responsible for false statements or defamatory content on its platform (barring a rare exception).

So if you are in the U.S. and trying to report defamation via Instagram’s defamation reporting form, you will be told that they do not adjudicate the falsity or truth of a matter due to protections under Section 230.

But if you live outside the United States, your first step in handling defamation on Instagram is to report it to the platform. For matters as serious as slander, you can use Instagram’s ‘Defamation Reporting Form’. This form should only be used if you are the person experiencing defamation or if you are their authorized representative, such as an attorney.

Visit Instagram’s help center to learn how to report slander on Instagram. The help center has instructions for reporting:

• Instagram stories,
• Private messages,
• Posts on the Explore page,
• Inappropriate videos,
• Live broadcasts,
• Reels,
• Sellers and products.

For each type of report, be prepared to describe the defamatory content and include as much information as you can, including a screenshot of the defaming content, if possible.

3. Have an Experienced Attorney Draft & Send a Cease and Desist Letter

When reporting or ignoring the problem is not working, hiring a lawyer to help you remove defamatory posts on Instagram may be your best option.

If you know the identity of the person who is making the defamatory statements on Instagram, your attorney can send a cease and desist letter on your behalf to demand that the defaming behavior stop and be removed from Instagram.

A cease and desist letter (also referred to as a “demand letter” or “retraction demand”) is commonly used to resolve a dispute between parties. It is not filed in court but rather sent to the individual with whom you have the issue. Such a letter is often a quick and effective way to resolve your issue without proceeding to litigation.

4. Sue for Slander on Instagram

If your cease and desist letter does not work or you would like to pursue defamation damages against the individual slandering you on Instagram, you have the option of filing a slander lawsuit.

Filing a defamation lawsuit can help you end the defamation and may result in monetary damages to compensate for your losses. Suing for slander can also lead to identifying the anonymous poster. And initiating the lawsuit can result in the removal of the defamation, whether by a court order or through a settlement agreement.

To sue for slander on Instagram, you must first determine that you have a valid slander claim. Many legal claims may be available to you such as libel, interference with business relationships, and/or intentional or negligent infliction of emotional distress.

Once you have determined you have a valid claim, take the following steps:

• Identify the best court in which to file the slander lawsuit;
• Gather and preserve the evidence;
• Comply with all pre-suit filing requirements;
• Consider alternative dispute or pre-suit resolution tactics; and
• Draft, file, and serve the legal complaint on the defaming party.

Filing a lawsuit for slander should not be taken lightly. Consult with an experienced attorney to discuss the options and remedies available to you.

Hiring a Lawyer to Remove Defamatory Instagram Posts

If you have tried to handle defamatory Instagram posts on your own and were unsuccessful, you may need to consider hiring a lawyer. An experienced defamation attorney can help you remove the defamatory content as well as assist with stopping the behavior that is causing the defamatory posts.

Why Should You Hire a Lawyer Over Defamatory Instagram Posts?

Becoming the victim of Instagram defamation can tarnish your personal and professional reputation. Hiring a lawyer can result in protecting, defending, and restoring your good name.

If there are defamatory posts about you online, they may affect your job or career. Your current employer may find the posts online, which could cost you your job. Or if you are currently looking for a job, potential employers may come across these posts and choose not to hire you.

Defamatory posts on Instagram could also have a major effect on your business. If an Instagram user is attacking and making false and defamatory statements about your business, you may see a drop in customers or clientele. This reduced business could result in a loss of profits and perhaps your entire business.

Alternatively, if you are the one who made the posts online and you receive a cease and desist letter or are served with a summons and complaint or petition, you should consult with a lawyer to discuss your situation.

Suing for Defamatory Comments on Instagram

Whether you are a business or an individual, defamatory comments can hurt your reputation. When a comment crosses the line into defamation, a lawsuit can be filed in civil court.

Can You Sue Someone For Slander on Instagram?

Yes. You can sue for slander if you have a valid defamation claim; however, you should avoid suing the social media platform itself. Since social media platforms like Instagram are generally protected by Section 230 of the Communications Decency Act, your best option is usually to sue the individual poster.

What Are the Elements of an Online Defamation Claim?

To have a valid claim for online defamation, the content you are claiming is defamation must:

• Be a statement of fact. To have an actionable claim, there must have been a false statement made either about you or your business. Someone’s opinion is not a statement of fact.
• Be communicated to a third person. For a viable claim, the false statement must be communicated or published to a third party, such as on Instagram.
• Be made with at least a negligent level of intent. This means that the poster was careless when they made the statement. They did not exercise the reasonable prudence that an ordinary person would exercise in a similar circumstance.
• Have caused damage to the plaintiff’s reputation. You must be able to prove that your reputation has been damaged or that you have suffered some sort of harm as a result of the defaming statement.

We Can Help You Fight Back Against Slander on Instagram

Remember, you are not alone when it comes to fighting online defamation, harassment, and cyber-bullying. Countless individuals and businesses have experienced the same thing.

If you are the victim of slander on Instagram, we offer a no-obligation, initial defamation case review. You can get one by calling (216) 373-7706, speaking with a Chat representative, or filling out our contact form below.