3 Tips For Suing For Online Defamation

online defamation
In my post, 2 Requirements to Proving You’ve Been Defamed On Social Media, I discussed how a plaintiff must prove that falsity and malice were used by a defendant in order to win their online defamation case. To do that, it’s necessary to lay a proper foundation as a means to those two ends. But first, we need to understand that there are two types of defamation.

  • Libelous comments are in writing.
  • Slanderous statements are spoken.

In this internet age of status updates, podcasts, and YouTube videos, both types can potentially apply in social media defamation cases.

That said, there are three tips worth remembering in building an online defamation case.

1. Keep records of the malicious comments.

As I said previously, malicious comments must have been made. And they must have been “published” to at least one other person. Of course, this publishing includes online posting. But the proof must be “captured” (or copied) and preserved (or saved) quickly, since such comments can be easily deleted.

There are several ways of capturing a malicious comment, and these include:

  • Printing a hard copy of the comment/posting, including the URL (web address) and the time and date.
  • Taking an electronic “snapshot” of your computer screen, such as with the “print screen” key.
  • Snapping a camera photo of your computer screen.

2. Provide proof that the malicious comment is false.

Whatever the malicious comment says, it must be false for it to be considered defamation. For example, if someone calls you a tax cheat, you can prove the comment is false by providing your tax records. And don’t forget, your personal injury attorney should be able to prove whether any statements were made with an intentional disregard to the truth.

3. Don’t post a scathing reply.

No matter how angry you feel about someone’s comment, sometimes it’s really best to leave it alone. Posting an angry and unwarranted response could make matters worse; it could set you up for a potential defamation lawsuit as well!

That’s why if you feel you’ve been defamed, slandered, or libeled, be sure to contact the Atkinson Law Firm in Albuquerque for your free consultation!

Scott Atkinson (267 Posts)

Scott concentrates on serious personal injury cases. He believes that a catastrophic injury does not just affect the victim; it also dramatically impacts the victim’s family. Scott is in Albuquerque to fight for you to recover your New Mexico accident losses!