Guide to Social Media Defamation: What to Do If You Are Attacked Online

Defamatory attacks are becoming increasingly common on social media. Platforms like Facebook, Twitter, and Instagram have given users unprecedented freedom to share information to wide audiences. But they’ve also opened the door for false allegations and malicious rumors to spread like wildfire, wreaking havoc on the reputations and livelihoods of individuals and businesses alike.

If you are the victim of libelous attacks and false accusations on social media, it’s natural to feel shocked, angry, and helpless. But you are not powerless. There are steps you can take to fight back against social media defamation and restore your good name. You have rights, and there are laws and legal remedies on your side.

In this guide, we’ll break down exactly what qualifies as defamation on social media and what you can do if you are attacked online. From gathering evidence to filing lawsuits, we’ll walk you through every step so you can take back control of your reputation.

If you are the victim of social media defamation, take these steps:

1. Document the defamatory posts and comments with screenshots
2. Report the content to the social media platform for removal
3. Send a cease and desist letter demanding a retraction
4. File a defamation lawsuit to unmask anonymous posters and seek damages

What is Considered Defamation on Social Media?

At its core, defamation is a false statement presented as fact that causes harm to someone’s reputation. When the untrue statement is written or posted online, it’s considered libel. If it’s spoken, it’s slander.

To meet the legal definition of defamation and be actionable in court, the statement must be:

1. Published or shared with a third party,
2. False,
3. Presented as fact, not opinion, and
4. Causes harm to the subject’s reputation.

It’s important to note that the defamatory statement does not need to be shared with a wide audience to meet the publication requirement. A single Facebook post or Tweet seen by just a handful of people can still be considered defamation if the other criteria are met.

However, the standard for proving defamation is higher for public figures like politicians and celebrities. They must show “actual malice” – meaning the poster knew the statement was false or acted with reckless disregard for the truth. Private figures must simply prove negligence, not actual malice.

Some examples of social media posts that could be considered defamatory include:

• Tweeting that a rival business uses illegal labor practices
• Posting on Facebook that a teacher has been fired for harassing students
• Sharing Instagram DMs accusing an ex of domestic abuse
• Uploading a YouTube video alleging a public official took bribes
• Writing a LinkedIn post claiming a colleague lied on their resume

So in summary, any false statement of fact that damages someone’s reputation shared on social media can potentially qualify as defamation. The key is proving the essential elements.

How Do Defamation Laws Apply to Social Networks?

Now that we’ve established what qualifies as defamation, let’s look at how laws govern libelous statements on social media.

In the United States, defamation is considered a “tort” or civil wrong under state law. Victims of online defamation can sue the poster for damages in civil court. While there is no federal defamation law, defamation is recognized as an exception to First Amendment protections of free speech.

Section 230 of the Communications Decency Act

However, Section 230 of the federal Communications Decency Act provides broad immunity to social media platforms and websites that host user-generated content. Under Section 230, companies like Facebook and Twitter are treated as distributors, not publishers, of content posted by third parties. This means they cannot be held legally liable for defamatory statements made by their users, except in very limited circumstances.

The most notable exception is if the social media company materially contributed to the development of the illegal content. For example, if a website edited a user’s post to add defamatory information, they could potentially be held liable. But this is a very high bar to clear. In most cases, the individual poster is solely responsible for their defamatory content.

Jurisdiction in Online Defamation Cases

Another factor to consider in online defamation cases is jurisdiction. Defamation laws vary by state, so where you file your claim matters. Generally, you must file in the state where the defamer resides, the state where you live, or the state where the injury to your reputation occurred. If you and the defamer live in different states or countries, it can complicate matters.

Statute of Limitations

You’ll also need to be mindful of the statute of limitations for defamation claims, which is the deadline for filing a lawsuit. This window can be as short as one year in some states.

Anonymous Defamation

Finally, you must consider whether the defamatory statements were made anonymously. If you don’t know the identity of your online attacker, you’ll need to file a John Doe lawsuit and subpoena the social media company or internet service provider for identifying information. This can be a complex and lengthy process.

So while the core elements of defamation apply to libelous social media posts, there are unique legal considerations when the statements are made online. Consulting with an experienced internet defamation attorney is critical for navigating this complex legal landscape.

What are the Consequences of Social Media Defamation?

The damage caused by defamatory social media posts can be swift and severe. Even if the allegations are completely baseless, they can spread to hundreds or thousands of people in mere minutes, leaving the subject blindsided and struggling to do damage control.

Some personal and professional consequences of social media defamation include:

• Irreparable harm to your personal reputation and character
• Loss of employment or inability to find work due to damaged reputation
• Denial of professional licenses or academic admissions
• Destruction of personal and business relationships
• Public humiliation and embarrassment
• Mental anguish, anxiety and depression
• Economic losses and loss of business revenue

For businesses, social media defamation can:

• Drive away customers and tank sales
• Ruin brand reputation and goodwill
• Create negative publicity and media coverage
• Make potential investors and partners withdraw support
• Cause advertising and endorsement deals to dry up

In some cases, social media defamation has even led companies to lay off employees or go out of business entirely. The economic fallout can be devastating.

Even if you are able to get the defamatory content removed relatively quickly, studies show that people are more likely to remember negative information than positive. So the harmful effects can linger in people’s minds long after the posts are deleted.

If the attacks cross the line into harassment or threats, the emotional distress and fear can be debilitating. Victims may feel unsafe leaving their homes or have panic attacks from the constant notifications.

The bottom line is that social media defamation can upend every aspect of your life – your relationships, your mental health, your career, and your finances. The wounds cut deep and heal slowly.

But there is hope. By taking swift and strategic action, you can fight back against social media defamation and reclaim your reputation. In the upcoming sections, we’ll outline the exact steps you should take if you’ve been defamed online.

How to Document Defamatory Social Media Attacks

If you are being defamed on social media, the first crucial step is to document everything. You’ll need this evidence for any content removal requests, cease and desist letters, and legal claims you may need to file.

Here’s how to preserve defamatory social media posts:

1. Take screenshots of the defamatory posts, comments, images, and any other relevant content. Make sure to capture the URL, timestamp, and username of the poster. For videos, take screenshots of the defamatory sections as well as recording the entire video.
2. Print out hard copies of the screenshots in case they get lost or deleted later. Save the digital files to a secure cloud storage account and an external hard drive. Having multiple backups in different locations is key.
3. If the attack is coming from a single persistent user, document their username, profile URL, bio information, and any other identifying details you can find. Take screenshots of their profile, follower list, and other activity to help prove a pattern of defamatory conduct.
4. Record the number of likes, shares, retweets, upvotes, and other engagement metrics for each piece of defamatory content. This will help show how widely it was distributed. Check the profiles of people engaging with the post as potential witnesses.
5. Transcribe any defamatory audio content and save copies to the cloud and an external hard drive. Make detailed notes of the speakers, context, and exact timestamps of the defamatory statements.
6. Open a new email account specifically for your defamation case. Forward all relevant emails, direct messages, and other correspondence to this account. Having everything in one organized place will be a lifesaver later on. Create folders for different types of evidence to stay organized.

It’s critical that you document the defamatory attacks as soon as you discover them. The poster may delete the content when they realize you’re building a case, and social media companies may not retain records for very long.

Make it a priority to screenshot and preserve everything before you move on to the next steps. This evidence will be the foundation of your defamation case and will help you get the content removed and recover any damages you’re owed.

Once you have your evidence locked down, you can move on to reporting the content to the social media platforms.

How to Report Defamatory Content to Social Networks

Most major social networks have policies and procedures in place for reporting defamatory content posted by users. If a post violates the platform’s terms of service or community standards, you can submit a report and request that it be taken down.

How to Report Defamatory Posts on Major Social Media Platforms

Facebook:

1. Click the three dots in the upper right corner of the defamatory post
2. Select “Give feedback on this post” or “Find support or report post”
3. Choose the option that best describes the issue (e.g. harassment, hate speech, false information) and follow the prompts to submit your report
4. You can also visit the Defamation Reporting Form to file a more detailed legal claim

Twitter:

1. Click the three dots icon on the defamatory tweet
2. Select “Report Tweet”
3. Choose “It’s abusive or harmful”
4. Select the relevant issue (e.g. “Includes targeted harassment” or “It’s misleading about a political election”) and follow the prompts to submit your report

Instagram:

1. Tap the three dots above the defamatory post or comment
2. Tap “Report”
3. Select the reason for reporting (e.g. scam or fraud, bullying or harassment, false information)
4. Follow the in-app prompts to complete your report

LinkedIn:

1. Click the three dots in the upper right corner of the defamatory post
2. Click “Report this post”
3. Select the reason (e.g. harassment, misinformation, or scam) from the drop-down menu
4. Provide additional details in the text box and click “Submit” to file your report

YouTube:

1. Click the three dots just below the defamatory video
2. Click “Report” in the drop-down menu
3. Select “Harmful or dangerous acts” then “Defamation (false statements)”
4. Provide timestamps and details of the defamatory content
5. Check the box confirming you are authorized to submit a legal complaint, then click “Report” to file

Tips for Submitting Effective Defamation Reports on Social Media

Provide as much detail as possible about why the post is defamatory and how it has harmed you. Include screenshots of the content and any other relevant evidence.

In your report, you can also request that the platform preserve records related to the defamatory content in anticipation of legal action. This is especially important if you plan to file a John Doe lawsuit to unmask an anonymous poster.

After you submit your report, the platform will review it and determine whether the content violates their standards. If they agree that it does, they will remove the post and may notify the poster of the action.

However, social media companies are not legally obligated to remove content just because you report it as defamatory. They have broad discretion to regulate their platforms as they see fit under Section 230 of the Communications Decency Act.

If the harmful content is not removed after reporting it, your next step is to escalate the matter with a cease and desist letter. We’ll cover how to write an effective demand letter next.

Sending a Cease and Desist Letter for Defamation

A cease and desist letter is a formal demand telling someone to stop a certain behavior or else face legal action. In the context of social media defamation, a cease and desist letter puts the poster on notice that their statements are false and causing you harm. It tells them to delete the defamatory content and stop posting similar allegations – or you will sue them.

The purpose of a cease and desist letter is twofold:

1. To get the defamatory content taken down as quickly as possible and prevent further posts.
2. To show the poster that you are serious about protecting your rights and reputation. A strongly worded lawyer letter can be very effective at scaring them into compliance.

While you can technically write and send a cease and desist letter yourself, it’s usually best to have an experienced defamation attorney handle it. They will know exactly what language to use to convey the seriousness of the matter and motivate the poster to comply.

Here are some key elements to include in a defamation cease and desist letter:

• Identify yourself as the victim of defamation and clearly state that you believe the poster’s statements are false.
• Provide the specific URLs and screenshots of the defamatory content, including the date and time posted.
• Explain that the poster’s false statements constitute defamation and are causing you reputational harm and damages. Cite the relevant defamation laws in your state.
• Demand that the poster immediately cease making defamatory statements about you and delete all existing defamatory content within a set time period (usually 24-48 hours).
• Order the poster to publish a retraction and apology, if desired.
• Warn the poster that failure to comply will result in immediate legal action, including a potential defamation lawsuit seeking damages.
• Advise the poster to preserve all records related to their defamatory statements, as they will be evidence in future litigation. Destroying evidence can lead to sanctions.
• Include a firm deadline for compliance and provide instructions for confirming they have met your demands (e.g. a reply email with screenshots of deleted posts).
• Have the letter sent via certified mail with return receipt requested or overnight delivery with signature required to confirm receipt.

Here is a sample paragraph from a cease and desist letter for social media defamation:

“Your false and defamatory statements have caused and continue to cause irreparable harm to my client’s reputation and business. Under [State] law, your posts constitute defamation per se and are actionable in civil court. Accordingly, we hereby demand that you immediately cease and desist from making any further defamatory statements about my client and delete all of the defamatory content identified in this letter within 24 hours. You are also required to preserve all records related to these posts. If you do not comply with this demand by [date and time], my client will have no choice but to file a defamation lawsuit against you seeking significant damages and legal fees.”

If the poster ignores your cease and desist letter or refuses to remove the defamatory content, your next step is to follow through on your promise and file a defamation lawsuit. We’ll walk through that process in the next section.

One important note: if the defamatory statements were made anonymously, you’ll need to file a John Doe lawsuit and subpoena the social media company for identifying information about the poster. This can be a lengthy process, but it’s necessary to hold them accountable. Your lawyer can help you navigate this.

The key with defamation cease and desist letters is to act quickly. The longer the defamatory content stays up, the more damage it can do. Having your attorney send a forceful demand letter signals that you won’t tolerate attacks on your reputation and will pursue every available remedy.

Filing a Social Media Defamation Lawsuit

When a social media user refuses to remove defamatory content and cease their attacks, it’s time to hold them accountable in court. Filing a defamation lawsuit allows you to seek injunctive relief (a court order requiring removal of the content) and monetary damages for the harm to your reputation.

To win a social media defamation lawsuit, you’ll need to prove the following elements:

1. The defendant made a false statement of fact about you
2. The statement was “published” (shared with at least one other person)
3. The defendant was at least negligent in making the statement
4. The statement caused you actual harm (damages)

Drafting and Filing the Complaint

Filing a defamation lawsuit starts with drafting and filing a legal complaint in the appropriate court. This is a formal document that lays out the facts of your case, the specific false statements at issue, and the damages you’re seeking.

Suing Anonymous Defendants

If the defamatory statements were made anonymously, you’ll need to file the lawsuit against a “John Doe” defendant. Once the case is filed, you can subpoena the social media company and internet service provider to disclose the poster’s name and contact information.

Most social media companies have a specific legal process you must follow to obtain user data. Your attorney can help you draft the necessary subpoenas and legal requests.

Serving the Defendant

Once you’ve identified the anonymous defendant, you’ll need to amend your complaint with their real name and serve them with a copy of the lawsuit. They’ll have a certain amount of time (usually 30 days) to file a response with the court.

The Litigation Process

From there, the litigation process can take several months to over a year, depending on the complexity of the case. There will be a discovery phase where both sides exchange evidence, take depositions, and file motions with the court. Most defamation cases settle before trial, but some do end up in front of a judge or jury.

Proving Your Case at Trial

If the case goes to trial, you’ll need to present clear and convincing evidence to prove each element of defamation. This is where all that documentation you gathered will come into play. You’ll use it to show the jury just how damaging and far-reaching the defamatory posts were.

Damages in a Defamation Lawsuit

If you win your defamation lawsuit, the court may award you damages for:

• Reputational harm
• Lost earnings and business opportunities
• Emotional distress and mental anguish
• Punitive damages to punish the defendant for particularly egregious conduct
• Attorney’s fees and court costs

The court will also likely order the defendant to permanently remove the defamatory content from their social media accounts and anywhere else it was posted.

Suing Social Media Companies

In some cases, you may be able to recover damages from the social media company itself if they failed to timely remove content that violated their terms of service. However, this is very difficult to prove given the broad immunity social media platforms have under federal law.

The Importance of Working with an Attorney

It’s important to note that defamation lawsuits can be expensive and time-consuming. They can also backfire and draw more attention to the false allegations (known as the “Streisand Effect”). That’s why it’s critical to work with an experienced defamation attorney who can weigh the pros and cons of litigation and aggressively advocate for your rights in court.

If you’ve been the victim of social media defamation, don’t suffer in silence. At Minc Law, we’ve helped hundreds of clients hold their online attackers accountable and restore their reputations. We’ll walk you through each step of the process and work tirelessly to get you the justice you deserve.

How Minc Law Can Help Victims of Social Media Defamation

At Minc Law, we know firsthand how devastating social media defamation can be. We’ve seen the anguish and frustration our clients experience when false attacks spread online like wildfire. And we’ve witnessed the relief and empowerment they feel when we help them fight back and restore their good name.

As a national law firm dedicated solely to online defamation, we have the experience and resources to tackle even the most complex social media cases. Our attorneys have successfully litigated hundreds of online defamation lawsuits across the country, securing the removal of false content and recovering significant damages for our clients.

We know every minute defamatory content stays online can feel like an eternity. That’s why we have a dedicated team working around the clock to secure swift takedowns and build the strongest possible case for damages.

If you’re ready to take control of your reputation, we’re here to help. Call us at (216) 373-7706 or visit our contact page to schedule a consultation. We’ll review your case, answer your questions, and discuss how we can help you move forward. Your reputation is your most valuable asset – let us help you protect it.