Internet Defamation Lawyer Explains Defamation in California and Legal Options featured image

Internet Defamation Lawyer Explains Defamation in California and Legal Options

by John DiGiacomo

Partner

Internet Law

Digital defamation — also called online defamation and internet defamation — is a serious legal issue that can get the defamer sued. Most internet defamation is libel. That is written defamation. But, given the prevalence of podcasts and video uploads to social media and internet platforms, online defamation can also be slanderous — that is verbal defamation. If you have been the victim of digital defamation, contact us here at Revision Legal. We are an experienced Defamation Law Firm and can help defend you, your company, your reputation, and your brand from defamation and punish those who have committed the defamation. In this article, we will explain the legal process under the California legal rules.

California Civil Code

California has enacted statutes that define defamation. California Civil Code, section 45, defines “libel” in a manner that is much broader than “writing.” The Code section reads as follows:

” … a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.”

The statute was enacted in 1872 but applies just as well to punish online defamation in the Age of the Internet. The following section — Cal. Civil Code, §46 — defines “slander” as:

“… a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:

1. Charges any person with a crime, or with having been indicted, convicted, or punished for a crime;

2. Imputes in him the present existence of an infectious, contagious, or loathsome disease;

3. Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

4. Imputes to him impotence or a want of chastity; or

5. Which, by natural consequence, causes actual damage”

Note that, for both libel and slander, the California Civil Code requires that libelous or slanderous statements be FALSE, not merely an opinion.

What Types of Legal Actions Can be Taken to Punish Internet Defamation?

If you are searching for a top-tier internet defamation law firm, our experienced defamation lawyers can evaluate the totality of the facts and circumstances and provide some options. Among the options include various types of litigation, particularly if the defamation caused an actual loss of business or the cancellation of a business relationship/contract. Various causes of action can be included in one lawsuit. Types of California litigation include:

  • Defamation lawsuits – libel and slander versions or both
  • Lawsuits for intentional interference with contractual relations or prospective business advantage
  • Litigation related to personal and privacy rights such as misappropriation of likeness, false light litigation, intrusion into seclusion and solitude, etc.
  • Trademark and brand tarnishment litigation
  • And more

Litigation of these types is intended to compensate the victim for the harm caused by online defamation. But, in addition, other legal actions are targeted at removing online false statements. Efforts of these types include:

  • Sending cease and desist letters
  • Sending take-down notices to websites and social media platforms
  • Filing complaints with websites and online platforms for violation of the privacy or other policies

Contact Revision Legal

For more information, call Revision Legal’s experienced internet attorneys today for assistance. You can contact us through the form on this page or call (855) 473-8474.

Extra, Extra!
Recent Posts

Fairness Factors For Your College NIL Agreement

Fairness Factors For Your College NIL Agreement

Corporate

In May 2025, as part of a settlement of litigation involving college football, a new entity was created called the College Sports Commission (“CSC” or “Commission”). See news media reports here and here. Among many other purposes, the CSC will monitor and approve name, image, and likeness (“NIL”) agreements for college athletes. As the term […]

Read more about Fairness Factors For Your College NIL Agreement

Is a “Fanciful” Trademark the Best Type of Trademark?

Is a “Fanciful” Trademark the Best Type of Trademark?

Trademark

Trademarks are words, designs, symbols, logos, and other things that are used/associated with goods or services that identify the specific commercial source of the goods/services. COCA-COLA, APPLE, and GUCCI are just a few famous examples. If COCA-COLA is on the bottle, consumers know what to expect from the beverage in the bottle. The same for […]

Read more about Is a “Fanciful” Trademark the Best Type of Trademark?

Put Revision Legal on your side