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Internet defamation is a false statement of fact, published online, that harms someone’s reputation. It is not a separate legal claim: a defamatory social media post, review, blog article, or forum comment is judged under the same state libel law that applies to a newspaper. What makes online defamation different is how it spreads, who can be held responsible, and how quickly you need to act.
This article explains what counts as internet defamation, what does not, and the features of online speech that change how these cases play out, whether you are the target of a false post or the person accused of writing one.
Defamation has two traditional forms. Libel is defamation in written or other fixed form; slander is spoken. Because online posts, comments, and videos are recorded and published, internet defamation is usually treated as libel.
Whatever the medium, the plaintiff must prove the same core requirements: a false and defamatory statement about the plaintiff, communicated to someone else, made with the required level of fault, and causing harm or falling into a category where harm is presumed. We break those down in detail in the elements of defamation.
False statements can appear almost anywhere on the internet. The most frequent sources include:
Much of what people find hurtful online is not legally actionable. A post is generally not defamatory if it is:
A one-star review saying a restaurant was “overpriced and disappointing” is almost always opinion. A review falsely claiming the owner was “arrested for selling spoiled meat” is a factual accusation. For more examples, see when a negative review becomes defamation.
A newspaper can be sued for a defamatory letter it chooses to print. A website generally cannot be sued for a defamatory post written by a user. Section 230 of the Communications Decency Act provides that no provider or user of an interactive computer service shall be treated as the publisher or speaker of information provided by another content provider. The author remains liable, but the platform typically does not. Our guide to online defamation and Section 230 covers the exceptions.
Screen names and throwaway accounts make it harder to know whom to sue. Anonymity is not a legal shield, however. Courts can authorize subpoenas to platforms and internet service providers to identify an anonymous poster, subject to First Amendment protections for anonymous speech. We explain the process in who to sue if you don’t know who defamed you.
A false statement online can be shared, screenshotted, reposted, and indexed by search engines within hours. It can remain at the top of search results for your name or business long after the original dispute is forgotten. That persistence can increase reputational harm, but it also makes documenting the statement, its reach, and its consequences an important early step.
Online content feels permanent, but the legal clock is not. In Michigan, an action for libel or slander must be brought within one year under MCL 600.5805(11). Many other states also set short limitations periods for defamation. Waiting to see whether a post disappears can cost you the claim. The question of when the clock starts for online content is discussed in our article on the single publication rule.
The First Amendment sets different fault requirements depending on who is defamed. Public officials and public figures must prove “actual malice,” meaning the speaker knew the statement was false or acted with reckless disregard for whether it was false, as established in New York Times Co. v. Sullivan (1964). Private individuals face a lower bar; in Michigan, MCL 600.2911(7) requires proof that the statement was published negligently. Businesses can also bring defamation claims, and a company’s status as a public or private figure is decided case by case.
For years, Michigan was one of the states without a general anti-SLAPP statute. That changed when Governor Whitmer approved the Uniform Public Expression Protection Act (2025 PA 52), which took effect March 24, 2026.
The law applies to claims filed on or after that date that are based on communications in government proceedings or on the exercise of free speech, press, assembly, petition, or association rights on a matter of public concern. A defendant may file a special motion to dismiss within 60 days of being served, which generally stays discovery. If the plaintiff cannot establish a prima facie case on each element, the court must dismiss the claim and award the defendant costs and reasonable attorney fees.
There are notable exceptions. The Act does not cover a claim against a business primarily engaged in selling goods or services when the claim arises from its communications about those goods or services. For people who post reviews or commentary on matters of public concern, the Act can provide a fast, fee-shifting defense. For plaintiffs, it means a weak or poorly documented defamation claim now carries real financial risk.
Whether you have been targeted or accused, a few steps protect your position:
The internet did not create a new kind of defamation, but it changed the practical realities of fighting one: who the defendant is, how the defendant is found, how fast harm spreads, and, in Michigan, how early the defendant can seek dismissal and fees. Understanding those differences early leads to better decisions, whether that means pursuing a claim, seeking removal, or defending your own speech.
If you are dealing with false statements online, or you have been accused of defaming someone, the internet defamation attorneys at Revision Legal represent both plaintiffs and defendants. Contact us through the form on this page or call (855) 473-8474.
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