When parties have business disagreements, a party may sometimes make an oral and/or written statement, communicated to a third party, which is meant to hurt the other’s reputation. This statement is considered defamation if it is false. There are two major types of defamation:
Libel: a written communication of a false statement of fact to a third party, resulting in harm to another’s reputation; and,
Slander: a spoken communication of a false statement of fact to a third party, resulting in harm to another’s reputation.
A party may only claim damages in a Defamation case if the following minimum requirements are met:
- The party published (either verbally or in writing) a false statement;
- about another party to a third party; and,
- the falsity of the statement caused injury to that party.
As social media and the internet continues to envelope our daily lives, online Defamation occurs when the publication of the libelous statement is done online. In order to prove that there is an internet libel case, the defamatory statement must be published about the person being defamed. Simply put, the information has to be available for people to see or be published, and it must relate to a specific person. The statement also must be false but presented as a fact. For example, providing one’s opinion or exaggerations are not defamatory because both are not facts.
Information posted on social media platforms “stays there forever”. Therefore, a business’ reputation may be permanently ruined by untrue or unfounded social media posts. Moreover, the danger with these posts is that once it goes online, even the author of the post inevitably loses control of the defamatory statement.
Regardless of the form of defamation, our attorneys at Oppenheim Law have decades of experience in this area of the law and are able to guide you in determining whether you have a defamation claim to bring or defend against. Whether is unfounded reviews, blogs, unauthorized posting of private information or online distribution of private photos or videos, we can help you understand your legal rights.
Further, our attorneys at Oppenheim Law are able to review your insurance policies to determine whether you may have applicable coverage that can save you substantial attorney fees, especially in defending a defamation lawsuit.
Whether you are pursuing or defending a defamation lawsuit, it is crucial that you speak with an experienced attorney. Contact us online or give us a call at 954-280-4651 today and we will gladly assist you.