Archive for the ‘What is Internet Defamation?’ Category

An Internet Defamation Attorney Talks about Defamation of Character on the Internet

Monday, August 20th, 2012

Internet defamation, internet slander, internet libel, these are very common problems on the internet today, where virtually anyone can post anonymously a comment, a review or other posts that slights and damages the reputation of someone else, even if those statements are totally untrue.

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Defamation of Character on the Internet

Thursday, May 10th, 2012

Defamation of character claims are relatively challenging because you have to prove a variety of different things. Each of which presents legal challenges. The first is, you actually have to prove that someone has, in fact, posted a false statement of fact about you. If someone posts on Facebook something about you that really hurts, because it’s like, whoa, they said something really negative about me. That may or may not be defamation of character under law. It has to be a false statement of fact, as opposed to a false statement of opinion. Even the difference between fact and opinion can be very difficult to understand, sometimes.

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Defamation vs. Libel vs. Slander: Defamation of Character on the Internet

Tuesday, May 8th, 2012

What do you do if you are the victim of a false statement of fact, and that is published somehow on the Internet? What do you do if you’ve been wrongly accused of defamation, libel or slander, as a result of something that you may or may not have posted on the Internet, and what is the difference between defamation versus libel versus slander? These are the types of issues that we’re going to talk about today, and hopefully by the end of this show, you’ll have a better understanding of how these concepts work. Continue reading Defamation vs. Libel vs. Slander: Defamation of Character on the Internet »

Defamation of Character Attorneys Know how to Analyze Your Case

Thursday, November 10th, 2011

Welcome to Defamation Law Radio.  My name is Enrico Schaefer.  I’m a defamation of character attorney specializing in internet and technology law, defamation on the internet.  A defamation of character attorney can help you understand whether or not you have a claim or a defense when there is an issue of defamation of character on the internet in play. Continue reading Defamation of Character Attorneys Know how to Analyze Your Case »

Defamation is Defined as a False Statement of Fact.

Sunday, March 6th, 2011

Internet Defamation of Character Primer: What is a defamatory statement?

An anonymous comment was posted about your company on a review web site stating that your company  cheated them out of money, that the people at your company are crooks and that customers should avoid doing business with your company at all cost.  The web site where the statement was posted is coming back as the third Google search result just below your web site and domain name. Your first impulse is that the statement is defamation. Your second is to contact an attorney to send a threat letter to the web site owner demanding that comment removed.

The First Question: In order for a statement to be defamatory under law, the statement posted on the internet must be a false statement of fact, rather than a statement of opinion. Clients are often confused about what is a fact versus an opinion.  Surprisingly, so are courts, judges and many lawyers who do not practice defamation law. The reality is that defamation can law can be hard to decipher on this critical issue of “what is a false statement of fact” as the first element of proving defamation on the internet. Continue reading Defamation is Defined as a False Statement of Fact. »

What is Internet Defamation? And How Do I Stop It?

Saturday, March 5th, 2011

Internet Defamation is a blog post, comment, web site, Facebook post or comment, Twitter tweet or other on-line false statement of fact  and that reflects negatively on your reputation.  Because internet defamation is by definition written rather than oral, it is technically internet  libel. Slander involves oral false statements of fact.

Defamation per se involves false statements of fact which presumes damages.  That is, no damages must be proven as an element of the defamation, libel or slander claim.  Defamation per se  occurs in most states when the false internet post, tweet, review or comment  (i) accuses someone of a crime; (ii) alleges that someone has a disease; (iii) suggests that a person or business is unfit to conduct their business or trade; or (iv) imputes sexual misconduct.

Internet law involves the attempt to apply traditional legal principles – such as the law of defamation – when the conduct complained of occurs on the internet. Courts have struggled to apply defamation law in the context of the internet for obvious reasons.  Before the world wide web, few people wielded the power of the pen.  Now, everyone has a global audience and can express themselves as easily is key-stroking a blog post, blog comment, bulletin board post, Facebook post or comment, Twitter tweet, web site comment or customer review.

An attorney handling an internet defamation case has much bigger challenges than when defamation occurs off-line. Sometimes identifying a web site owner or other anonymous author of defamatory content can be difficult. There are dozens of different and specific strategies for dealing with defamatory statements on the internet.  Many strategies require expertise in back-end DNS, domain registrars, domain registrant search, proxy services, Section 230 Immunity under the Communications Decency Act, User Generated Content, IP tracking, ISP subpoenas and related issues.  Sometimes, defamation occurs on familiar sites such as www.ComplaintsBoard.com or www.RipOffReport.com which were designed to promote and drive advertising revenue from online libel.  Sometimes, it is an competitor disguised as one of your customers who is posting false information.  Understanding how to deal with these types of web sites is critical.

You should speak with an attorney who specializes in internet defamation to learn more about your options, the cost of each option and potential return on investment if you should be able to remove the libelous statements.  Every situation is different. Not every fight is worth it.  If you are losing business or your reputation has been attacked, sometimes you have no choice but to fight.  Chances are, we can help.