The lawyers of RM Warner were some of the first to focus their practices in matters of internet defamation law and online trade libel. As such, our lawyers have successfully resolved hundreds of internet defamation cases.
Our attorneys can get defamatory content removed from the Web.
If a competitor, client, journalist, or individual defames you in any medium we can help restore your reputation.
ELEMENTS OF AN INTERNET DEFAMATION CASE:
- The defendant published or broadcasted the statement;
- The statement is false;
- You were harmed by the statement;
- The defendants did not verify their claims.
REMOVAL OF DEFAMATORY STATEMENTS FROM THE WEB:
Our attorneys have pioneered several methods of removing defamatory content from the internet. However, such an outcome is not guaranteed in every case. For examples and information about removing defamatory content from the web.
SLANDER VS LIBEL:
Defamation includes both slander and libel. Slander is a defamatory statement that is spoken, while libel is a defamatory statement that is communicated in writing or by any sort of illustration.
U.S. STATUTE OF LIMITATIONS FOR DEFAMATION:
In the United States, the statute of limitations for defamation cases varies by state.
DEFINITION OF “HARM” IN A DEFAMATION CASE:
Part of a plaintiff’s defamation case is proving that they were “harmed” by the defamatory statement. Harm can include economic injuries such as lost income or a decline in business opportunities or stock value. Some jurisdictions also allow a plaintiff to show harm with evidence of mental anguish or even physical symptoms.
TRUTH AS A DEFAMATION DEFENSE:
The truth of the statement in question is an absolute defense in most defamation cases. Nonetheless, this defense can be overcome in some jurisdictions if the judge finds that the defendant made the statement with actual malice. Of course, it is the defendant’s responsibility to prove the truth of the statement. If the defendant cannot satisfy that burden of proof, then the defense will fail.
DEFENDANT’S SUBJECTIVE BELIEF IN THE TRUTH OF THE STATEMENT:
Sometimes it is enough for a defendant to prove that he or she believed in the truth of the statement in question to defend against a defamation lawsuit. However, just as in any litigation the court will weigh the defendant’s testimony against the evidence provided by the plaintiff. If the plaintiff can provide enough evidence to prove that the defendant knew or should have known that the statement was false, the plaintiff will win anyway.
INTERNET DEFAMATION EXAMPLES, ANALYSIS, AND DEVELOPMENTS
The best way to learn about how online defamation laws work is to read case summaries. Every so often we will post our thoughts on current online defamation cases, cover changes in internet and defamation laws, and provide suggestions for handling online reviews and comments. If you need immediate help with your online reputation, get in touch to set up a consultation with one of our attorneys.
RM WARNER: PIONEERS IN ONLINE DEFAMATION LAW
At RM Warner, our attorneys focus on assisting clients with libel and slander issues and have a long track record of success in all manner of cases involving individual and corporate reputations.
Our lawyers know how to get offensive and disparaging reviews and comments removed from the internet quickly. Contact us today to begin the process of restoring your online reputation.