Defamation and Slandering on the Internet

Throughout history, defamation of character has been a legitimate crime, and legal systems have enacted protections for victims. However, in modern times, those laws have been challenged by those using their so-called free speech rights in America to defame others over the Internet. This technology has become a vast and largely freewheeling network that is difficult to regulate. However, courts throughout the system have determined that what is defamatory in the public sphere is also defamatory in cyberspace, and victims have the right to pursue relief when they suffer damage.

Defamation is any false statement communicated to another person about a third party that damages that third party in some way. There are two specific forms of defamation:

• Slander – which is spoken or broadcast
• Libel – which is written or published

Internet Defamation Which Can be Considered Illegal

Internet defamation can fit either category; however, the more difficult problem for a victim is proving that defamation occurred. There are several requirements to doing so:

• A false and damaging statement is made against a third party
• That statement is communicated without permission to another person or audience
• The statement is made and published negligently
• The statement damages the subject

Public figures have a somewhat different standard, in that they have sought out public attention and reaction. In order to successfully charge someone with defaming a public figure, it must be proved that the statement made is False or Made Maliciously with intent to harm or damage that person. It must be understood, as well, that an opinion is not considered defamation.

There are a number of methods and forums which individuals can use to defame other individuals and businesses on the Internet:

• Craigslist postings, Facebook, MySpace, Twitter
  
• Blogs and Blog comments
• User forums
• Business, product, and arts reviews
• Published comments on Web sites

Many of these forums are open to any and all users. If posted statements and comments are not closely monitored, defamatory and even obscene comments may reach users. At that point, the subject of defamatory comments can be damaged in two ways:

1. General damages to a person’s reputation, in which a court may acknowledge damage to their feelings as a result of shame and mortification
2. Monetary, business, or professional damages, in which there can be a loss, or potential loss, of income as a result of defamatory comments

Proving Internet Defamation, Libel, and Slandering

It can however, be difficult to determine who published defamation over the Internet. With anonymous blogging and posting, it can be difficult. In addition, the Communications Decency Act of 1996 relieves online service providers of liability for the statements of those who publish content on their servers. There are, however, some means by which a skilled personal injury lawyer can determine that information:

• Sending a demand letter to the Internet Service Provider (ISP) requesting that they voluntarily remove the defamatory content and reveal the identity of the publisher
• Using forensic computer technology to determine the identity of the publisher (although this is not always successful)

Help from a Lawyer

It can be vital to retain the services of an experienced Internet defamation lawyer to handle a personal injury case of this kind. They know the laws and the difficulties of pursing Internet defamers. They also know how to use the available tools to find and file suit against them. Such specific legal advice can be essential to protecting a reputation or business and obtaining the legal relief to which victims are entitled.