What are the steps for reporting online defamation?


Get a Free Case Review from a Local Injury Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

What are the steps for reporting online defamation?

Answer:

Reporting online defamation varies from ISP to ISP. If you see a statement that might qualify as defamation against you, the first step is to contact the webmaster. The webmaster will be able to determine what to do in the situation and make sure that users are following the ISP's Terms and Conditions. The webmaster will also be able to get the content removed if you were actually defamed under the law.

However, keep these facts in mind:

First off, defamation is a false and unprivileged statement that is harmful to one's reputation and published with either negligence or malice depending on if you are a private figure or a public figure under the law.

Opinions do not meet the legal definition of defamation. A statement that hurts your feelings but does not fit under the legal definition of defamation is not one will be fully protected under the law. If you attempt to pursue defamation damages for such a statement, you will lose.

Second, truth is an absolute defense to defamation. If someone says something unflattering about you that is true, then you have no case.

Finally, freedom of speech is very strongly protected in America. The Communications Decency Act of 1996 states that an ISP is not liable for the content published on its servers unless and until they are informed of any infringement. After notification, the ISP must take action to remove the content or will be liable to the defamed party for damages.

Tell us a little about your injury & get a local injury lawyer to review your case for Free.

LA-WS5:0.9.22.120430.13848