Internet reviews on sites such as Yelp! or Urbanspoon, blog posts, Tweets, etc. are a great source of information for consumers. However, if you’ve had a bad experience with a company (or and individual, for that matter), avoid taking your frustration to the Internet by publishing false information or accusatory allegations. Internet defamation can expose you to personal liability for any damages that the source of your frustration may incur.
© Dmitri MIkitenko / PhotoXpress
So, what is Internet Defamation?
In short, it’s anything you say online – whether it be a review, blog post, comment, email, website, Facebook post, Tweet, etc. – that’s a false statement of fact and reflects negatively on the reputation of another. Even things posted in jest can qualify as defamation if the receiving individual or company feels threatened or abused by the statement.
A defamation or libel lawsuit (an action for written publications including Internet posts) includes the following elements:
1. False statement of Fact: In order to be considered defamation, the person who made the statement must have known the statement was false at the time it was posted. Further, the remark must be a statement of fact—not a subjective opinion. For example, “this restaurant isn’t worth the money” or “the food was terrible” are not objective statements that can be either proven or disproven, so they would not qualify as defamatory.
2. Publication: The statement must be “published” or made available to a third party. A tweet is a publication, provided you have any followers. (A note on Retweets/Shares: As a general rule, you cannot be held liable for retweeting or forwarding false statements unless you are aware that they are false when you forward them.)
3. Public Figures or matters of Public Concern: Posts about famous people or involving matters of public interest may be less likely to be deemed defamation under the law; however, high-profile individuals also may be more likely to sue.
4. Damages: The “victim” of the false statement must incur damages. Although most states recognize “defamation per se” for posts such as falsely accusing someone of a crime or making adverse comments about their ability to run their business, Tennessee currently does not. However, such statements may still be found defamatory.
5. Burden of Proof: The plaintiff (the alleged defamed) must prove that the defendant (the publisher) made a false, damaging, negligent, or reckless statement. Although this burden may be difficult for “anonymous” publications, it is not so difficult for Tweets or Facebook posts connected to an identifying profile or account.
6. Removal of Post: If a defamatory post is deleted and corrected, the publisher can still be charged for Internet defamation, but the damages will likely be assessed as less than if the post remained public and uncorrected.
The best way to avoid being sued for Internet defamation is to be aware of and fact-check the content you post. By not sharing, posting, or spreading false information, you protect yourself from the harm and hassle of an Internet defamation lawsuit.
