Revision Legal’s Internet slander attorneys regularly help victims of Internet slander remove defamatory statements from the Internet. Unfortunately, Internet slander is becoming increasingly common, and, if it is not removed in a timely manner, it may become extremely difficult to stop the spread of Internet slander. Our Internet slander attorneys are experts in removing Internet slander from the web.
Under common law, slander on the Internet falls under the legal definition of defamation. To prove a claim for defamation, a plaintiff must establish:
- That the defendant published a false and defamatory statement concerning the plaintiff;
- That the defendant published the false and defamatory statement to a third party;
- That the defendant published the false and defamatory statement with fault amounting to at least negligence; and
- That the plaintiff was damaged by the publication of the statement.
Additionally, other common law causes of action may apply, such as false light invasion of privacy or intrusion upon seclusion.
If you have been targeted by defamatory statements on the Internet, contact our Internet slander attorneys today for a consultation.
Slander, Libel, and Internet Defamation: Understanding the Distinctions
Defamation is a broad category that encompasses both slander and libel. Historically, slander referred to spoken defamatory statements, while libel referred to written or published statements. The distinction mattered because written defamation was considered more permanent and harmful than oral defamation, and courts applied different damage rules to each category.
Online statements present a classification challenge. A post on a forum, a tweet, or a review on Yelp is written and published widely—it looks like libel. But a video posted to YouTube or a podcast recording would traditionally be more analogous to slander. Courts in most jurisdictions have treated online statements as libel because of their persistent, searchable, and widely distributed nature. The term “Internet slander” is commonly used colloquially, but the legally operative category for most online defamatory statements is libel, which typically entitles plaintiffs to a broader range of damages.
The Legal Framework for Getting Defamatory Statements Removed
The primary legal obstacle to removing online defamatory content is Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Under Section 230, interactive computer service providers—meaning platforms like Google, Yelp, Facebook, Reddit, Rip Off Report, and similar sites—are immune from civil liability for content published by third-party users. This means you generally cannot sue the platform for hosting the defamatory content. Your legal remedies must be directed at the person who wrote and posted the statement.
This creates a multi-step process that experienced Internet defamation attorneys know how to navigate:
- Identify the poster: Many defamatory posts are published anonymously or under pseudonyms. Filing a John Doe lawsuit and issuing subpoenas to the platform or ISP can compel disclosure of the poster’s identity. Courts apply varying standards to these requests, balancing the plaintiff’s right to redress against the defendant’s First Amendment rights.
- Send a cease and desist demand: Once the poster is identified—or if you already know who they are—a cease and desist letter from a defamation attorney often achieves rapid removal without the expense of litigation.
- File suit and seek injunctive relief: If the poster refuses to remove the content, a lawsuit seeking both damages and injunctive relief compelling removal can be filed. Courts can issue temporary restraining orders and preliminary injunctions requiring removal of defamatory content while the case is pending.
- Serve the court order on the platform: Once a court orders removal, the order can be served on the hosting platform or search engine. While platforms cannot be sued for third-party content, they will comply with valid court orders. Google’s Legal Removal Requests process, for example, responds to court orders compelling removal of search results.
When You Are a Private Figure vs. a Public Figure
The level of fault a plaintiff must prove depends on whether the plaintiff is a private figure or a public figure. Under New York Times Co. v. Sullivan, 376 U.S. 254 (1964), public officials must prove that the defendant made the false statement with “actual malice”—meaning with knowledge that the statement was false or with reckless disregard for its truth or falsity. The Supreme Court extended this rule to public figures more broadly in Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967).
Private figures, by contrast, need only prove negligence—that the defendant failed to exercise reasonable care in determining whether the statement was true or false. This is a significantly lower bar, and it reflects the reality that private individuals have not voluntarily entered public life and accepted the risk of public scrutiny.
Michigan Defamation Law
Michigan recognizes the same four-element defamation framework described above. Michigan courts have addressed Internet defamation in numerous cases and apply the traditional distinction between public and private figures. Under Michigan law, statements that are defamatory per se—including false statements that injure a person in their profession or trade—give rise to presumed damages without the need to prove specific economic harm. This is particularly relevant for Internet defamation cases involving false negative reviews or statements targeting professionals and business owners.
Michigan also recognizes the single publication rule for online content. Under this rule, the statute of limitations for a defamation claim begins to run when the content is first published online, not each time it is accessed or re-shared. Michigan’s statute of limitations for defamation claims is one year. This means that victims of online defamation must act quickly before their claims are time-barred.
If defamatory statements about you are circulating on the Internet, the attorneys at Revision Legal are prepared to act immediately. We have successfully obtained removal of defamatory content from major platforms and won defamation judgments in state and federal courts across the country. Contact us today for a confidential consultation to discuss your options.
Platforms That Are Most Commonly Involved in Internet Defamation Cases
Internet defamation is published on a wide range of platforms, and the strategy for removing it varies depending on where the content is hosted. Some of the most common platforms involved in Internet defamation cases include:
- Google Reviews and Yelp: Negative business reviews that contain false statements of fact—not mere opinions—can constitute actionable defamation. These platforms have processes for reporting content that violates their guidelines, and court orders can compel removal or de-indexing.
- Rip Off Report and PissedConsumer: These complaint sites are specifically designed to host negative content about businesses and individuals, and their operators have taken aggressive positions on Section 230 immunity. Removing content from these platforms often requires a court order or demonstrating that the content violates the platform’s own policies.
- Social media (Facebook, X/Twitter, Instagram): Defamatory posts on social media platforms can spread virally before they are addressed. Most platforms have abuse reporting mechanisms, and a formal legal notice from a defamation attorney often accelerates the review and removal process.
Our Internet defamation attorneys are familiar with the content removal procedures of all major platforms and know how to use the most effective combination of legal and procedural tools to get defamatory content removed as quickly as possible. Contact us today for a consultation.
If you have been targeted by defamatory statements on the Internet, the most important thing you can do is act quickly. Defamatory content spreads and gets indexed rapidly, and early intervention is far more effective than trying to address the damage after it has propagated across multiple platforms and appeared in the first pages of search results for your name. Contact the Internet defamation attorneys at Revision Legal today for a confidential consultation. We will evaluate your situation, identify all available legal remedies, and take immediate action to protect your reputation and remove defamatory content from the Internet.
