As one of the first law firms to concentrate on Internet defamation law and online trade libel, Kelly / Warner lawyers have successfully litigated hundreds of online libel lawsuits — both domestic and international. We’ve negotiated with consumer review and “shaming” websites – and won. More than that, a Kelly / Warner Internet defamation lawyer knows how to get get libelous content removed from the Web. If a competitor, client, news organization, reporter or person defames you on social media, email, a blog, website, text message or even traditional print, an online defamation lawyer at Kelly / Warner can help.
Can An Internet Defamation Lawyer Get Defamatory Statements Removed From The Internet?
Due to the rise of the Internet, the number of online libel lawsuits has skyrocketed. Gripe and review websites are a thorn in the side of many businesses; individuals are not being hired because of defamatory content online. A ruined rep is just a tweet or nasty blog comment away – which means it’s important to legally address any and all libelous statements ASAP. The longer words fester, the more damage they can do.
Hiring a knowledgeable Internet defamation lawyer — with considerable online defamation litigation experience — is the first step in fighting back.
Defamation 101: The Basic Elements of U.S. Slander & Libel Law
To prevail in Internet defamation lawsuits plaintiffs must:
- Show that the defendant is the party who published the statement;
- Prove the statement is/was false;
- Prove plaintiff was harmed by the statement;
- Demonstrate that the defendants did not verify the truthfulness of their assertions.
Celebrities and public figures must meet a higher standard to win defamation lawsuits — the standard of “actual malice.”
Latest From The Defamation Blog
Each week, we explore a recent online defamation lawsuit currently going through the courts. If you’re interested in learning more about slander and libel law, reading about cases is a great place to start.
Are you ready for a little levity? Well then sit back, relax and click through for a video blog about the slander event of the century that will never be — the Dance Moms defamation trial! Read More »
Online Defamation Law FAQ
Can a plaintiff win a defamation lawsuit if the defendant is telling the truth?
You’ve heard the saying: “It’s not defamation if it is true.” And yes, for the majority of slander and libel lawsuits, this adage holds true – but not always. In some jurisdictions, a judge can deem a true statement defamatory if the defendant acted with actual malice. Additionally, if you can prove, via evidence, that the defendant made a false statement of fact, then you can win a slander or libel claim – even if the defendant told the truth.
What constitutes “harm” in a slander or libel lawsuit?
Typically, a defamation plaintiff must prove material harm to win. The two most common forms of material harm are lost wages, a decline in business or a sinking stocks. In some jurisdictions, plaintiffs can also point to mental anguish and other types of reputational or medical vicissitudes as actionable harm.
Is defamation a federal or state issue?
Defamation falls under the domains of both state and federal laws. Go here for a breakdown of national and state libel and slander regulations.
What if defendants truly believe their inaccurate statements?
This is one of the trickier aspects of online defamation law. Since the U.S. is a “free speech zone,” defendants are given the benefit of the doubt in defamation cases. As such, sometimes means that defendants who can adequately prove that they believed their statements, win. That said, if the plaintiffs’ information is more compelling than the defendants’, then the plaintiffs will win. Like any lawsuit, defamation cases turn on evidence, and whose is more convincing in the eyes of the court.
Free Speech v. Defamation
Free speech is an important consideration in U.S. defamation law. In many cases, individuals are unfairly asked to remove material that qualifies as free speech or fair comment. In those instances, the best representation to seek is a firm with both defamation prosecution and defense experience.
Libel v. Slander
There are two main categories of defamation: libel and slander. Libel is the publication of false statements via words or images. Slander is the verbal version of defamation. A malicious and false statement made by one person regarding another person is slanderous.
Facebook, Twitter, Google Plus, Instagram, Ello, LinkedIn, And More… GO »
Defamation Law Basics
What is defamation? What is the difference between slander and libel? Defamation Law FAQ GO »
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Unfair Competition, Business on Business Defamation, Online Trade Libel GO »
What, exactly, is online defamation of charachter? Click through for a crash course on Internet libel. GO »
A Compendium of Slander and Libel Laws from Around The World GO »
Kelly / Warner: A Pioneer In Online Defamation Litigation
Kelly / Warner was one of the first law firms in the country to focus on Internet libel lawsuits. Our online defamation lawyers have successfully handled all types of “cyber libel” cases – for both individuals and businesses. We know how to get disparaging comments removed from the Web — quickly. Set Up A Consultation with an Internet defamation lawyer »