Social Media and Online Defamation
There are two main types of defamation: libel, or written defamation, and slander, or verbal defamation. When a potentially defamatory statement is made online or through social media — such as via Facebook or Linkedin — that involves the written (or “posted”) word, and so it is considered libel.
The Problem of Online Defamation
The internet and social media are certainly a great thing for people and society in general, but they are also a uniquely effective breeding ground for potentially libelous statements.
Many people have learned (to their dismay) that the internet allows people to speak their mind almost too easily. The internet is chock-full of interesting web sites where someone could intentionally or accidentally leave a potentially defamatory comment or post.
Just a few of these locations are:
- letters to the editor of local newspapers
- public comments on media (i.e., newspaper or magazine) web sites
- blogs and comments to blog postings
- social media like Facebook, Linkedin, and Twitter, and
- chat rooms or list servers.
While some web sites screen posts for inflammatory or illegal content, the screening systems are not geared to examine every post for defamatory content, and so many defamatory postings end up online.
What State’s Law Applies? Where Can I Sue?
This is a complicated issue that depends on what state you live in, what state the alleged defamer lives in, and the contacts that the defamer has had with your state, if any. If you think that you have been defamed online, you should contact a qualified attorney as soon as possible to discuss your legal options and the best course of action.
REPRESENTING ATTORNEY:
Michael J. Sacopulos, a Terre Haute native, graduated Magna Cum Laude from Harvard College, completed graduate work in the field of Economic History at the London School of Economics, and holds an Honor Degree from Indiana University Law School – Indianapolis.
Peter Yelkovac, Peter earned his Master of Law in 2010, at the University of Cambridge, in the United Kingdom and his Doctor of Jurisprudence in 1994, at the Valparaiso University Law School , Summa Cum Laude.