Defamation of Character on Facebook and What Can Be Done featured image

Defamation of Character on Facebook and What Can Be Done

by John DiGiacomo

Partner

Internet Law

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.

Extra, Extra!
Recent Posts

2025 Changes to Trademark Fees

2025 Changes to Trademark Fees

Trademark

There are some significant changes coming to the United States Patent and Trademark Office (USPTO) that will affect trademark filings beginning January 18, 2025. These changes include the introduction of the Trademark Center, new fees, and revised application requirements. Here is an overview of the key changes: The USPTO will retire the TEAS system, which […]

Read more about 2025 Changes to Trademark Fees

Automated Decision-Making Technology: California Releases Proposed Regulations

Automated Decision-Making Technology: California Releases Proposed Regulations

Internet Law

In today’s competitive e-commerce landscape, automated decision-making technology is becoming more and more important. From personalized product recommendations to targeted advertising and streamlined logistics, these systems help ecommerce businesses adapt and grow. But new regulations are on the horizon, and these changes could reshape the way e-commerce businesses use automation. The California Privacy Protection Agency […]

Read more about Automated Decision-Making Technology: California Releases Proposed Regulations

FTC Adopts Final “Click to Cancel Rule”

FTC Adopts Final “Click to Cancel Rule”

Internet Law

The Federal Trade Commission (FTC) has issued final amendments to its trade regulation rule concerning negative option plans, also known as the “click to cancel rule.” This rule aims to address widespread deceptive practices that prohibit customers from cancelling services in the same manner in which they signed up. Here’s a detailed summary of the […]

Read more about FTC Adopts Final “Click to Cancel Rule”

Put Revision Legal on your side