As people increasingly use the internet to fulfill their needs for basic communication and information, defamation cases are inevitable. If someone is victimized by online content, they must determine whether it meets the standard of defamation before hiring a Personal Injury Lawyer in Vernon CT.
The Definition of Libel and Slander
Online defamation encompasses both libel and slander. Defamation is a false statement, made in public, that harms a person’s reputation. Libel is a form of written defamation, such as an online review or Facebook post. Slander is defamation that’s spoken; in the online world, it’s usually related to podcasts, videos and audio files. Winning a lawsuit for defamation requires the victim to prove these elements.
The statement was false but was presented as a fact. It’s not possible to sue others for their opinions, and defamation must involve false statements of fact.
The statement is presented to third parties. For instance, a person can’t sue for a libelous comment made in a private email, but they may have a case if the comment later appears on social media.
The statement was intentional. The plaintiff must show that the defendant knew (or should have known) that the statement wasn’t true.
The statement caused damages. A plaintiff must show that they were harmed by the other person’s comments. This can include physical injuries or financial damages, such as lost income.
What Constitutes Online Defamation?
It can be difficult to a Personal Injury Lawyer in Vernon CT to correctly apply defamation criteria to online content. However, the general examples below can serve as a guide.
Defamation must be a statement of fact that can be proven or refuted. Opinions and hyperbole are not actionable causes.
Posting photos of people online: In most cases, as long as the photo isn’t used to sell something, one can post it online without the person’s permission. However, nude photos are a different matter.
What to Do When Someone is Victimized by Internet Defamation
If someone finds online content that meets the standard of defamation, they can contact the author or the site to request its removal. A personal injury lawyer can tell a client whether the content meets defamation criteria, and they can help them pursue various legal options. Call or visit Kahan, Kerensky and Capossela LLP for additional details.
