While the internet provides a great platform to connect with others and market your business, it also exposes you to unwarranted and potentially harmful statements. These statements can ruin your company’s reputation and lead to loss of business.
If you find yourself a victim of one of these posts, it can be difficult to determine how to file a defamation claim. This article will define internet defamation and discuss who to hold accountable and where to file your claim. If you have further questions, contact an RM Warner Law experienced internet defamation lawyer to discuss your case further.
Internet defamation constitutes false, published statements made to a third party via a website or a social media platform that have the potential to damage one’s reputation. These statements often arise from negligence or malicious intent. Like individuals, businesses can sue for defamation through specific claims referred to as trade libels.
For a perpetrator to be liable for internet defamation against your business, you must prove that their statements were:
Many businesses that have experienced online defamation often begin cases to sue the website or internet service provider (ISP) that hosts the defamatory content. This is because these companies are usually wealthy and can afford to pay the damages. In the US, however, pursuing a website host or ISP in a defamation lawsuit is not a legal option. Section 230 of the Communications Decency Act prevents courts from treating social media platforms, ISPs, and website hosts as the publishers of statements made by content providers. If you plan to file an internet defamation lawsuit, file a claim against the entity or person who made the defamatory statement, not against the website or social media platform. To be clear, you cannot sue Facebook, Instagram, Tiktok, or YouTube for defamation.
You can file your defamation claim in a state or federal court where:
Before choosing one court over the other, it’s crucial to consult an internet defamation lawyer. An attorney will consider all factors and advise you on which court may be favorable for your case.
If your business has been defamed online and you want to take legal action against the perpetrators, contact us at RM Warner Law.
Our internet business lawyers have a proven track record of helping businesses remove defamatory content from the internet, conducting investigations to identify anonymous internet perpetrators and holding them accountable for their actions. Our strong team of internet attorneys will achieve these results as quickly and efficiently as possible without drawing more unwarranted attention to your business.
Call us on our toll-free number 1-866-570-8585 or fill out our contact form to discuss your case.
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