What to Do About Anonymous Online Libel featured image

What to Do About Anonymous Online Libel

by John DiGiacomo

Partner

Internet Law

Libel is a form of defamation involving written statements that are false and injurious. Anonymous libel has become an enormous problem since the rise of the internet. The internet allows nearly anyone to anonymously post false and libelous statements about a person or a business. When this happens, a person or business may suffer substantial impairment to their reputation and their finances.

Legally, it is possible to bring a lawsuit against someone or some business if they have committed libel against you. These are generally called defamation lawsuits. If you have been the victim of internet defamation, call us here at Revision Legal. If you have been searching for a “defamation lawyer near me,” we are your go-to experienced internet defamation Law Firm. Hiring talented internet defamation attorneys is particularly important when the libel is made anonymously. We can ensure that there are anonymous internet defamation consequences. We are also social media defamation lawyers. Here is a summary of what can be done about anonymous internet defamation.

Finding the Culprit

The first task concerning anonymous libel is to file a lawsuit as a means of identifying the culprit or culprits. This involves a detail-oriented method of seeking information from the owner of the website where the libel was originally posted. It may also involve seeking information from internet service providers. Legally, this is called the process of “discovery.” Once a lawsuit is filed — it is filed against a “John or Jane Doe” — the courts will allow the person suing to engage in discovery to gain information about the identity of the person committing the libel. There is general legal protection for those wishing to post on the internet without identifying themselves. But that legal right is diminished when unlawful behavior is involved.

Once the culprits are identified, then they can be brought under the jurisdiction of the court, the case name can be changed and your rights can be vindicated. Money judgments can be obtained and, most importantly, the court can order the libelous content to be removed from the internet.

How Long Does it Take to Get Libelous Content Removed?

Often, once the culprit is identified and brought into the lawsuit, the culprit will settle by agreeing to remove the libelous content. Sometimes, that is sufficient for the person suing. Other times, there have been significant injuries to a person’s reputation or a company’s sales and revenue. Even if the lawsuit cannot be settled because there are significant damages, it is possible to seek an Order from the judge requiring the removal of the content while the defamation litigation proceeds.

What Has to be Proven?

Generally, to be successful, a person suing for internet libel must prove the following legal elements:

  • False statement made
  • Knowledge that the statement was false or that the statement was made with reckless disregard for the truth
  • Publication of the false statement
  • Damages or injury — such as injury to reputation, loss of earnings, etc.

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.

Identifying Anonymous Posters Through the Discovery Process

Federal courts have developed a framework for balancing the First Amendment right to anonymous internet speech against the rights of defamation victims. The prevailing standard, adopted in various forms across circuits, requires a plaintiff to make a prima facie showing of a legally sufficient defamation claim before a court will compel an ISP or website to disclose the identity of an anonymous poster. The leading articulation of this standard appears in Dendrite International, Inc. v. Doe No. 3, 775 A.2d 756 (N.J. App. 2001), and the similar test in Doe v. Cahill, 884 A.2d 451 (Del. 2005). Courts in many states have adopted one of these standards or a variation.

The practical process for unmasking anonymous posters begins with filing a Doe lawsuit, then obtaining a court order allowing pre-answer discovery. The discovery subpoena is directed to the platform or ISP that hosts the account or retains the IP address logs associated with the anonymous posts. Google, for example, responds to properly issued subpoenas for Gmail and Google account information. Yelp has historically been more resistant, but courts have consistently ordered disclosure where the defamation elements are adequately pleaded. Once the IP address is obtained, a second subpoena to the ISP that owns that IP address can identify the account holder. That information, combined with other investigation techniques, often leads to the identification of the poster.

Preserving Evidence Before It Disappears

One of the most urgent steps when discovering anonymous online libel is to preserve evidence before it is deleted. Screenshots alone are insufficient in litigation — courts require authenticated evidence, and a screenshot without accompanying metadata may be challenged. The appropriate approach is to use preservation services or tools that capture the full HTML, URL, timestamp, and page metadata. Some attorneys use a notary or court reporting service to create a contemporaneous record of the content as published. Alternatively, preservation services like PageVault or other web-archiving tools create legally defensible records of internet content at a specific point in time.

Websites and platforms vary in how long they retain user account data and IP address logs. Platform data retention windows are often 90 days or less. Acting quickly is therefore critical — evidence that could identify an anonymous poster may be automatically deleted within weeks of the post being published. An experienced internet defamation attorney will send a litigation hold notice to relevant platforms demanding preservation of records concurrent with or immediately before filing the Doe lawsuit.

Injunctive Relief: Forcing Removal of Defamatory Content

Courts have the authority to issue injunctions requiring removal of defamatory online content, but obtaining injunctive relief in defamation cases requires overcoming the traditional First Amendment reluctance to impose prior restraints. The general rule is that a court will not issue a prior restraint prohibiting speech before it is determined to be defamatory. However, after a defamatory statement has been adjudicated as false and injurious, courts can and do order its removal. The Ninth Circuit’s decision in Balboa Island Village Inn, Inc. v. Lemen, 40 Cal. 4th 1141 (Cal. 2007), confirmed that post-judgment injunctions ordering removal of content already found to be defamatory do not violate the First Amendment.

Injunctive relief can also be obtained through settlement. In many anonymous internet defamation cases, once the poster is identified and the reality of litigation becomes clear, the defendant agrees to remove the content and refrain from future posting as part of a settlement. This outcome is often faster and less expensive than proceeding through trial, and it achieves the primary objective of the litigation — removing the harmful content and protecting the plaintiff’s reputation going forward.

Google Delisting: Removing Defamatory Content From Search Results

Even when defamatory content has been removed from the original platform, it may persist in Google’s search results if Google has already indexed the page. Google offers a URL removal tool that allows content to be removed from search results where the underlying page has been deleted or blocked. A court order finding that content is defamatory can also support a request for removal from search results. Google has a specific process for accepting court-ordered defamation findings as a basis for delisting, which an experienced internet defamation attorney can navigate on your behalf.

Contact Revision Legal for Anonymous Online Libel Cases

Anonymous online libel can devastate a professional reputation or a business’s standing with customers and partners. Revision Legal’s internet defamation attorneys have experience unmasking anonymous posters, obtaining takedown orders, and pursuing damages for reputational and economic harm caused by false online statements. We handle cases across the country. Call us at 231-714-0100 or visit our contact page to speak with an attorney about your situation. The sooner you act, the more evidence is preserved and the more legal options you retain.

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