As many know, Facebook, now known as Meta Platforms, Inc., is a social media platform that allows users to upload content including video and commentary. It is, of course, a great way for family and friends to stay connected and for building communities of mutual interest.
But Facebook and other social media platforms can also be a place where false, fake, untruthful and damaging information can be uploaded and posted. Worse still, such false information and lies can be linked and reposted almost endlessly across the internet. Legally, this is called defamation of character and it can be punished under the law. If you have been a victim of this kind of attack, you want the false information and lies removed and you want the perpetrators to pay money damages for the injuries and damages caused.
What Can be Done?
An experienced Facebook Defamation law firm, like Revision Legal, will offer advice and counsel on the possibility of suing for defamation of character. Some of the legal elements that must be proven for a successful defamation of character lawsuit are “easy” with respect to defamation of character on Facebook. For example, to succeed, the victim must show that the false information was “published” to and seen by third parties. Almost by definition, these two legal elements are proven with Facebook postings. Of course, the victim must prove that the information posted was false and must show that there was some injury or damage to reputation caused by the posting — publication — of the false information. If you have been a victim of online defamation and have been searching for a “defamation lawyer near me,” call us. We handle internet libel and internet slander cases.
With some types of false information and lies, the law states that injury/damage is automatically demonstrated (for legal purposes). This is called defamation per se. Examples of defamation per se include false statements that a person is diseased, is a criminal, is incompetent and/or is sexually promiscuous. Under the law, these per se defamatory statements are presumed to cause injury and damage to reputation. If the false statements are notof this type, then the victim must show some other sort of injury or damage like the loss of business or a contract or something of that nature.
If all the legal elements are proven, then money damages can be awarded to punish the person making the false statements.
Who Can be Sued?
Generally, the person making the false statement is the person that can be sued. “Person” in this context can also include a business. So, business defamation on Facebook can be punished in this manner. Depending on the circumstances, republishers of the false statements can also be sued. Generally, to win, a victim must show that the person making the false statement knew the statement was false or at least had reason to believe it was false or was reckless with respect to the truth or falsity of the statement. This is true for anyone who republished a false statement by linking, reposting or quoting the false statement. This knowledge requirement may make it more difficult to succeed in a defamation lawsuit against republishers, but the effort should still be made.
On the other hand, it is difficult to sue Facebook/Meta. There is immunity given by statute to online social media platforms like Facebook/Meta. Only in rare circumstances can a social media platform be held legally liable for defamation of character that is posted by their users.
Contact Revision Legal If you need an experienced team of internet defamation attorneys, call Revision Legal at 231-714-0100. We are internet and social media influence attorneys with proven experience with IP protection, contract law and complex litigation. We are lawyers specializing in internet law.
Facebook’s Content Policies and Your Legal Rights
Facebook — now operating as Meta Platforms — has its own internal policies regarding defamatory and harmful content, and you can report defamatory posts through the platform’s reporting mechanism. However, Facebook’s internal review process is not a substitute for legal action. Facebook typically will not remove content simply because it is allegedly false; it acts on content that violates its Community Standards, which focus on harassment, hate speech, violence, and nudity. Defamatory content that is framed as opinion or criticism often survives platform review even when it is legally actionable. Do not rely solely on reporting to Facebook. Pursue your legal rights simultaneously.
Additionally, under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, Facebook is generally immune from civil liability for content posted by users. This means your defamation lawsuit must target the individual who posted the false content. However, if Facebook is put on notice of a court order requiring removal, they will typically comply. Getting that court order requires filing suit and, in some cases, obtaining emergency injunctive relief.
Unmasking Anonymous Facebook Posters
A common challenge in Facebook defamation cases is that the person posting false content may use a fake name or an account with a pseudonym. Experienced defamation attorneys handle this through John Doe litigation. You file suit against an anonymous defendant, then use court-authorized subpoenas to compel Meta to produce account records — including the real name, email address, phone number, IP addresses, and device identifiers associated with the account. Courts have consistently upheld the right of defamation plaintiffs to obtain this identifying information as long as the defamation claim meets the threshold for a viable legal claim. See, e.g., Dendrite International, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), establishing a balancing test widely followed by courts when plaintiffs seek to unmask anonymous internet speakers.
Business Defamation on Facebook: Special Considerations
Businesses are equally entitled to bring defamation claims as individuals. When false statements are posted about a business on Facebook — whether in status updates, reviews, Facebook groups, or comments — the business can sue for defamation if the statements are false statements of fact (not opinion) that caused harm to the business’s reputation or finances. Importantly, businesses do not have the same “actual malice” requirement that public figures face. A business need only show that the poster was negligent in making a false factual claim. This makes business defamation cases somewhat more accessible than cases brought by public figures.
Common examples of actionable business defamation on Facebook include: false posts claiming a product is dangerous or defective when it is not; false statements that a business owner engaged in fraud or theft; fabricated reviews alleging that services were never rendered or were grossly inadequate; and false statements that a business is engaged in illegal activity. Where the defamatory post is made by a former employee or a competitor, additional claims — such as tortious interference with business relations or trade libel — may also be available.
The Statute of Limitations and Why You Must Act Now
Defamation claims are subject to short statutes of limitations. In most states, the limitation period is one to two years from the date of first publication. Under the single publication rule, the clock begins running when the Facebook post goes live — not when you discover it, and not when it is shared by others. This means delay is dangerous. Every day that passes without legal action brings you closer to potentially losing your rights entirely. Moreover, evidence can disappear: Facebook accounts can be deactivated, posts can be deleted, and IP address logs are retained for only limited periods by internet service providers.
If you believe you have been defamed on Facebook, contact Revision Legal immediately. Our Facebook defamation lawyers will assess your claim, advise on the strength of your case, and take immediate steps to preserve evidence and pursue removal of the false content and legal remedies against those responsible.