In the era of social media, online defamation has become commonplace, especially on platforms such as Facebook and Twitter/X. Many people may see these online forums as a safe space to complain about others or air another’s dirty laundry, but they may be unaware that their post can have lasting ramifications on the person they have posted about. Or then again, they may be very aware of what they’re doing, but not understand that defamation of character is unlawful.
According to the Online Safety Commission, online defamation is on the rise. Unfortunately, a high number of reported defamation cases are taking place across many social media platforms, presenting a significant challenge as to how to address these problems.
Since 2019, the Online Safety Commission has received nearly 5,000 reports of defamation on platforms such as Facebook, TikTok, and other social media platforms. The Commission is now actively working with these social media platforms in order to address the problem.
What is Defamation?
To put it simply, defamation occurs when false statements are made about a person or entity to a third party. Defamation can be spoken (slander) or written (libel). When false statements about another person or entity are published online, this qualifies as libel.
It’s important to note that defamation is not an opinion. Opinions are protected under free speech. Rather, defamation is a false statement of fact that serves to injure another’s reputation. It involves malice and reckless disregard for the truth.
For a successful defamation case, the following criteria must be met:
- The statement must be read or heard by a third party;
- The statement must be false;
- The statement must injure the reputation of the person or entity it was made about;
- The statement was made with negligence or the person acted with absolute malice in determining the truth of the statement; and
- The statement cannot be the subject of any kind of privilege that shields the defendant of liability.
What to do if You are the target of online defamation
If you find that you have become the target of defamation on a social media platform, there are several steps you can take to deal with this problem:
1.) Preserve Evidence
The first thing you’ll want to do is take screenshots of the defamatory content and also gather whatever information you can on the person who posted the defamatory content. It’s important to do this as this information can be used as evidence in a court of law, if necessary. If the defamer has included offensive photos or videos of you in their posts, save those as well.
2.) Ask the Person to Remove the Defamatory Content
It’s often worth it to ask the person who defamed you to remove the defamatory content before taking further action. Though it might be difficult, do this without threatening them or retaliating in any way, but you may want to say that you will take further measures to combat the defamation if needed. If they refuse to remove the defamatory content, steps 3 and 4 may be needed.
3.) Report Defamatory Content
You can report the defamatory content to the online platform to have it removed. Sometimes this works, and sometimes it doesn’t.
4.) Hire a Defamation Lawyer
If the person refuses to remove the defamatory content and the platform is of no help—or if significant harm has already been done to your personal or professional reputation, hiring a defamation lawyer can help. The law firm can send a cease and desist letter to the person who defamed you, demanding that they stop this behavior and remove all defamatory posts. A defamation lawyer can also advise on taking legal action and filing suit against the defamer.