How to Deal with Facebook Defamation?
Defamation takes several forms, but at its core, it is when someone makes a false or harmful statement about another individual or group. In order for a defamation case to succeed in a court of law, it must be proven that the defamatory statements harmed the defamed individual’s reputation, economic opportunities, or physical/mental health.
In today’s day and age, online defamation is ever-prominent. Facebook, a web-based and interactive network that allows information to be shared through connecting people with similar political, economic, and geographic bounds, is a prime breeding ground for defamation cases. Social media defamation is a unanimous term that describes a false statement about a third party that is published on social media.
There are two general categories of defamation recognized under the law: “libel” is any defamatory statement which is written or posted on a permanent platform, while “slander” can be a spoken defamatory statement.
Typically, the first step in pursuing a case of defamation is to file a “cease and desist” letter, which informs the individual to immediately stop making injurious claims or risk legal action. In this article, you will find information about defamation and the particular laws regarding Facebook.
Common Instances of Defamation on Facebook
There are three main causes of defamation lawsuits that are prevalent on Facebook, all of which can be easily solved with the inclusion of a cease and desist letter.
|Defamation of One’s Character||The publisher of a post that defames and skews another person’s reputation, spreading false and egregious claims is regarded as defamation of character|
|Harassment Towards Another||Intimidation through Facebook is typically regarded as harassment, and is criminal — this also includes impersonation|
|Invasion of Another’s Privacy||When defamatory or doctored photos of a person surface, or when false personal information is wrongfully posted online, violating an individual’s reasonable expectation of privacy, this is an invasion of privacy|
Grounds for Sending a Cease and Desist Letter For Facebook Defamation
Although each state has individual requirements concerning what defamation is, most defamation claims must essentially satisfy the following five elements:
A Publication To Someone Other Than The Person Being Defamed
If it is shown/viewed by at least another person for 24 hours minimally, it is defamation.
A Falsified Statement
The statement must be untrue.
A Statement is Factually-Based, not Opinion-Based
The statement is rooted in a fact, not based on an opinion. For example, someone suggesting that someone is a bad writer in a Facebook post is not defamation. Someone stating that someone is a terrible person because they are spreading a communicable disease is defamation.
It Affects The Reputation of The Person Being Defamed
A reputation, the business ventures, and the overall well-being of an individual must incur harm — this can be demonstrated through loss of friends, employment opportunities, and income; otherwise, damages must be substantiated.
It Is Not Privileged
Defamation cannot be claimed when verifiable things like criminal activity and employment information are publicized — if a statement has truth to it, it is not regarded as slanderous in nature. For instance, releasing any criminal history is not slander — if the criminal record is public knowledge in a particular state, there is no expectation of a right to privacy.
Facebook Defamation Cases
|“Venting” on Facebook leads to $65,000 in damages||In 2016, a Canadian court ruled that a woman who “vented” about another individual through a series of Facebook posts was guilty of defamation, and awarded the victim over $65,000 in damages.|
|“False Remark” leads to $500,000 settlement in Asheville||In 2015, an Asheville manager posted on Facebook claiming that their employee was responsible for their child’s death — costing them $500,000 in damages.|
|“Fraternity Allegations” cause $1.65 million in damages||A 2014 Rolling Stone article titled “Rape on Campus” accused a fraternity of gang-raping a female student (false claims) led to the alleged victim, but the defendant in the defamation suit paying over $1.65 million in damages.|
|“Pink Slime” leads to a $177 million payout||In 2012, ABC news accused Beef Products Inc of containing low-cost and over-processed beef that has “pink slime” — these claims were considered libel, and ABC had to pay the company $177 million in return.|
Should You Write A Cease and Desist Letter?
- To solidify your rights, writing a cease and desist letter is a detailed process that can either work to discredit your case or work to your advantage, depending on the usage of it
- If you are unable to legally prove any damages you’ve suffered, outline all aspects of accessory evidence from a legal standpoint, and write a legally sound letter, you may risk your letter being discarded, thrown out, and even being unsuccessful if you go to court in the case that the letter is not acknowledged
- To add to the pressure, many lawyers who work and are capable of drafting cease and desist letters will charge an unaffordable amount of money for even responding to your inquiries!
Discover the DoNotPay Advantage: Draft a Cease and Desist Letter in Minutes!
DoNotPay is a clear-cut solution! The Cease and Desist letter DoNotPay drafts will detail the information about the case, demand retraction, warn against future statements, and will order that the accused abides by your local state statutes.
All you need to do is:
1. Search Defamation on DoNotPay.
2. Tell us about your situation.
- Were the statements slander or libel?
- What were the statements?
- Why are they false or misleading?
- What consequences have you suffered as a result of these statements?
3. Based on your location, DoNotPay will immediately generate a formal demand letter on your behalf, with the most relevant state legislation regarding defamation.
That’s it! You can expect to receive a precisely drafted cease and desist letter to your inquiry, in an instant!
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