Online Defamation Law and Social Media

Negative statements about individuals or businesses frequently appear on social media platforms and in online comments. When these statements are false and presented as factual, they may be considered defamatory. Written or otherwise “fixed” content is commonly known as libel, while spoken remarks are known as slander. Since most social media content takes written form, it is typically classified as libel. The ease and informality of online posting can contribute to hasty or poorly researched accusations, which can pose serious risks to a person’s or organization’s reputation.

Elements of a Defamation Claim

A defamation claim generally requires a false statement of fact that is published or communicated to at least one other person. The statement must cause harm to the reputation of the individual or entity identified, and the speaker must have acted with the appropriate level of fault. Private individuals generally need to show negligence, meaning the speaker failed to take reasonable care in verifying the truth of the statement. Public figures must prove actual malice, which involves knowledge of falsity or a reckless disregard for the truth. Some individuals are treated as limited-purpose public figures if they have entered a public controversy, and the alleged defamation is relevant to that specific context.

Distinguishing Fact From Opinion on Social Media

A statement is generally not considered defamatory if it does not imply or convey false facts. Simply labeling a statement as an opinion, however, is not enough to avoid legal liability if a reasonable reader could interpret it as a factual assertion. Comments discussing someone’s conduct or suggesting specific wrongdoing are more likely to be understood as factual than mere statements about someone’s personality or preferences. Even prefacing a comment with words like “I think” or “I believe” may not protect the speaker if the core of the statement asserts a verifiable falsehood.

Responsibility for Online Posts

Under federal law, internet service providers and website hosts are usually not liable for defamatory statements posted by third parties. Section 230 of the Communications Decency Act shields most online platforms from being treated as publishers of user-generated content. However, the individual who authored and posted the defamatory material remains responsible. In certain circumstances, an employer may be liable for an employee’s defamatory statements if the employee acted within the scope of employment. This can arise in a newsroom setting or when a staff member posts a defamatory statement on the company’s official website or social media account.

Defenses and Anti-SLAPP Laws

Defamation claims often involve defenses tied to accuracy and privilege. Truth is a complete defense, and fair reporting privileges can arise from reporting on official proceedings. Anti-SLAPP laws exist in some jurisdictions to protect speakers from lawsuits that are intended primarily to suppress criticism or public commentary. These laws can allow for early dismissal of baseless defamation lawsuits and may permit recovery of legal fees against the party that brought the claim. Anti-SLAPP protections vary widely from state to state, so their application depends on where the lawsuit is filed.

Retraction and Removal of Defamatory Content

Removing or deleting a defamatory statement online does not eliminate the potential liability for posting it in the first place. However, issuing a retraction or correction in the same space can mitigate the amount of damages in some jurisdictions. A retraction does not convert a defamatory statement into a lawful one, but it can show a willingness to acknowledge the error and reduce the harm associated with continued publication. Courts may consider a good-faith effort to correct misinformation when awarding damages.

Where Defamation Lawsuits Can Be Filed

Since online content can be accessed almost anywhere, determining where to file a defamation lawsuit can be complex. Courts generally look at factors like the residence of the defamed person, where the speaker lives or conducts business, and where the alleged harm to reputation took place. The question of which state’s laws apply and whether the court has personal jurisdiction over the parties often requires a detailed analysis of where the statements were directed and how the harm occurred.

Related Legal Claims Based on Online Conduct

Online statements that give rise to defamation claims can also involve additional causes of action. A single post may meet the legal criteria for false light or invasion of privacy if it reveals private information or portrays someone in a misleading manner. These claims might allow for additional remedies or damages, depending on the relevant state laws and the scope of the harm. Courts evaluate whether the elements of each claim are met based on factors such as how private the information was, whether the portrayal was highly offensive, and whether the speaker had a legitimate reason for disseminating the statement.

Last reviewed April 2025