In the modern world, defamation of character on the Internet is pervasive. Whether the defamatory post was made by a forum troll or a business competitor, defamation of character on the Internet can be a very serious issue because, once indexed and spread, it can be very difficult to remove or control. Worse, if you do not take action, Internet defamation will not go away.
Revision Legal’s Internet lawyers are experts at dealing with defamation of character on the Internet. Our attorneys not only understand the law surrounding defamation, false light invasion of privacy, the right of publicity, and other related torts, but our attorneys are also experts in Internet technology. Our lawyers understand how to get defamatory postings removed from the Internet permanently, not just pushed down in the search engine rankings through “reputation management” services.
Revision Legal’s Internet defamation lawyers have litigated online defamation matters in courts around the country, including in courts of appeals. If you are faced with a defamation of character matter, contact the experts at Revision Legal. We will help you permanently resolve your defamation issue.
What Is Defamation of Character on the Internet?
Defamation is a false statement of fact that harms the reputation of another person. When that statement is published on the Internet—whether in a review, forum post, social media comment, blog, or news article—it qualifies as libel, the written form of defamation. Under the Restatement (Second) of Torts and the common law adopted in most states, a plaintiff pursuing a defamation claim must prove four elements: (1) the defendant made a false and defamatory statement about the plaintiff; (2) the defendant published or communicated the statement to at least one third party; (3) the defendant acted with the requisite degree of fault, which is at least negligence for private figures and actual malice for public figures under New York Times Co. v. Sullivan, 376 U.S. 254 (1964); and (4) the statement caused actual damages, or the statement is defamatory per se.
Certain categories of false statements are defamatory per se, meaning damages are presumed without additional proof. These include statements that falsely accuse a person of a crime, statements that harm someone in their profession or trade, statements imputing a loathsome disease, and statements that impute sexual misconduct. When a defamatory per se statement is published online, the harm can be particularly severe because of the permanent, searchable, and viral nature of digital content.
How Internet Defamation Differs from Traditional Defamation
Internet defamation presents unique legal challenges that traditional defamation does not. A false statement published in a local newspaper may reach a limited audience and fade from memory within weeks. A defamatory post published on the Internet can be indexed by Google within hours, cached by archiving services, and re-shared across multiple platforms indefinitely. This persistence means that the reputational damage compounds over time rather than diminishing.
Additionally, Internet defamation often involves anonymous defendants. A plaintiff may know that someone is harming their reputation but not know who is responsible. In these cases, it may be necessary to file a John Doe lawsuit and issue subpoenas to Internet service providers, web hosting companies, or platforms to identify the anonymous poster. Courts have developed procedures under cases like Dendrite International, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), which set standards for unmasking anonymous online speakers that balance First Amendment rights with a plaintiff’s right to seek redress.
Section 230 of the Communications Decency Act, 47 U.S.C. § 230, further complicates Internet defamation cases. Under Section 230, interactive computer service providers—meaning platforms like Yelp, Google Reviews, Reddit, and similar sites—are generally immune from liability for content posted by third-party users. This means that suing the platform directly is rarely a viable strategy. Instead, legal action must typically be directed at the original poster of the defamatory content.
Strategies for Removing Defamatory Content
Our attorneys employ several legal strategies to get defamatory content removed from the Internet permanently. These include:
- Cease and desist letters: A well-drafted letter from an experienced Internet defamation attorney often prompts removal without litigation, particularly when the defamer is an individual who understands they have no legal defense for the false statement.
- Court orders: When a cease and desist is ignored, we can obtain injunctive relief compelling the poster to remove the content. A court order can also be served on hosting providers and search engines to delist or remove the content.
- Subpoenas to identify anonymous posters: We issue subpoenas to ISPs, email providers, and platforms to uncover the identity of anonymous defamers, allowing us to name them in a lawsuit.
- Platform reporting and legal notices: Many platforms will remove content that violates their terms of service when presented with a formal legal notice establishing that the content is false and defamatory.
- DMCA takedowns: In some cases where defamatory content incorporates copyrighted material, a DMCA takedown notice can be an effective tool for rapid removal.
Damages Available in an Internet Defamation Lawsuit
If you prevail in an Internet defamation lawsuit, you may be entitled to several categories of damages. Actual damages compensate for provable economic harm, such as lost business revenue, lost job opportunities, or medical expenses resulting from emotional distress. General damages compensate for harm to reputation, humiliation, and mental suffering that are difficult to quantify precisely. In cases involving actual malice—where the defendant knew the statement was false or acted with reckless disregard for the truth—punitive damages may be available to punish the defendant and deter similar conduct.
Michigan courts apply the common law framework for defamation damages. Under Ireland v. Edwards, 230 Mich. App. 607 (1998), plaintiffs in Michigan must prove actual damages unless the statement is defamatory per se. If the statement falls into one of the per se categories, damages are presumed, though the plaintiff must still prove the statement was false and the defendant acted with at least negligence.
Defenses to Internet Defamation Claims
Understanding the defenses available to a defendant helps you evaluate the strength of your claim before filing suit. The most powerful defense to any defamation claim is truth—a true statement, however damaging, is not defamatory. Other defenses include:
- Opinion: Statements that are clearly opinions, rather than assertions of fact, are protected by the First Amendment. However, opinion protection has limits—a statement framed as opinion but implying defamatory facts can still support a defamation claim.
- Privilege: Certain communications are absolutely privileged (such as statements made in judicial proceedings) or conditionally privileged (such as employment references). Privileged communications cannot support a defamation claim even if false.
- Section 230 immunity: As noted above, platforms and interactive computer service providers cannot be held liable for third-party content under 47 U.S.C. § 230.
If you are faced with a defamation of character matter online, do not wait. The longer defamatory content remains indexed and shared, the harder it becomes to contain the damage. Contact the Internet defamation attorneys at Revision Legal today for a confidential consultation. We will analyze your situation, identify the most effective legal strategies, and take decisive action to protect your reputation.
If you are facing a defamation of character matter online, the time to act is now. The longer false statements remain indexed and accessible on the Internet, the more damage they cause and the harder they become to remove. Contact the Internet defamation attorneys at Revision Legal today for a confidential consultation. We will provide you with a clear assessment of your legal options and take decisive action to resolve your situation permanently.
