Removing Online Defamatory Content: Your Legal Options featured image

Removing Online Defamatory Content: Your Legal Options

by John DiGiacomo

Partner

Internet Law

A single defamatory post can undo years of hard work. As the saying goes, bad news travels fast, and online defamation often lingers long after the damage is done. Defamatory content can take various forms, including fake reviews or misleading blog posts. Fortunately, in the same way the internet gives people room to express themselves, it also provides legal ways to correct false information. If something untrue has been posted about your business, there are several steps you can take to address it.

What is Defamation?

Not every negative comment qualifies as defamation. Defamation is a false statement presented as a fact that harms someone’s reputation. Online, this appears as libel, a form of written defamation, such as false reviews, false accusations, or misleading posts. If it is spoken, this is known as slander, and it usually appears in videos, podcasts, or livestreams.

For a claim to be legally defamatory, several elements must be present:

The statement is false

The statement must cause real reputational harm, like loss of clients or contracts

The statement must be shared with a third party.

It’s worth noting that opinions, even harsh ones, do not fall under defamation. For instance, if a customer says “this business has terrible service,” it is different from claiming that it has committed fraud. While you can prove whether the latter is true or false, you may not be able to do the same for the former, even if it is an exaggeration. Additionally, legitimate customer reviews based on real experiences are protected. However, made-up reviews with false claims are not.

Steps to Remove Defamatory Content From the Internet

Below are key steps to take when your business or you personally are faced with online defamation.

Step 1: Document Everything Immediately

Before even reaching out to anyone, preserve the evidence. Take full screenshots of URLs, usernames, timestamps, and platform details. Save copies of the original defamatory post, comments, shares, and reposts. This can be particularly helpful if legal action becomes necessary.

Step 2: Request the Person Who Posted to Remove it

Sometimes, the simplest option works. If you can identify the individual who posted the defamatory content, politely ask them to remove it. When this works, it can save you legal costs and time. That said, people who post false content are almost always anonymous, bad-faith actors who often ignore such requests.

Step 3: Report the Content to the Platform

Most social media platforms have reporting systems for false or misleading content. If the post violates the platform rules, it may be removed without going to court.

Step 4: Send a Cease and Desist or Retraction Letter

If you can identify the person, a formal cease-and-desist letter can be used to request removal and prevent further posts. A retraction demand can also request public correction, helping repair reputational damage.

Step 5: Consider Legal Action

If you can prove that the statement is clearly false, demonstrate damages, and the statute of limitations has not expired, you may consider filing a lawsuit.

Contact the Internet Law and Social Media Attorneys at Revision Legal

For more information, contact the experienced Internet Law and Social Media Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Extra, Extra!
Recent Posts

Removing Online Defamatory Content: Your Legal Options

Removing Online Defamatory Content: Your Legal Options

Internet Law

A single defamatory post can undo years of hard work. As the saying goes, bad news travels fast, and online defamation often lingers long after the damage is done. Defamatory content can take various forms, including fake reviews or misleading blog posts. Fortunately, in the same way the internet gives people room to express themselves, […]

Read more about Removing Online Defamatory Content: Your Legal Options

Put Revision Legal on your side