Internet Defamation of Character Law Discussion:
Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment. Your online reputation is measured by the websites return as Google search results. Do you know what people are saying and writing about you?
This is Brian Hall, an internet lawyer with Traverse Legal, PLC, a law firm representing plaintiffs and defendants in internet defamation matters. Today, I will be answering the question: what defenses are available to a claim of internet defamation?
Before I get into those defenses, let’s remind everyone what internet defamation of character law is. Internet defamation, like regular defamation, occurs on the internet and amounts to a false or defamatory statement about another person that’s published on the internet somewhere and causes damage to that particular person, either damage to character or damage to their business, whatever it might be. So, as long as all those elements that are required for a cause of action for defamation are satisfied, internet defamation does exist. However, oftentimes, I’m asked whether or not something does truly amount to internet defamation. And in those cases, it is critical to review each of the causes of action’s particular elements and see if it can be established. If it can’t, then internet defamation has not occurred. There are also other defenses that are very common in the internet defamation context.