Social media platforms like Facebook, Instagram, X, TikTok and Discord are epicenters of defamation. False or harmful posts, comments, or messages shared online can spread like wildfire, causing significant reputational damage. If you’ve been the target of defamatory content on social media, this guide will help you understand your rights and legal options.
What can be considered defamatory on social media?
- False accusations
Posts or comments accusing someone of criminal activity, such as theft, fraud, or assault, can be defamatory. For example, a Facebook post claiming a business owner stole money from clients; or a tweet alleging someone committed a crime without evidence. - Insults that harm reputation
Statements that go beyond mere criticism and harm your reputation can be defamatory. For example, calling someone a “liar,” “cheat,” or “racist” in a public forum, or labeling an individual as “untrustworthy” in professional contexts. - Photos or videos with false implications
Sharing doctored images or videos that imply misconduct or immoral behaviour can be defamatory. For example, posting an edited photo suggesting someone was involved in illegal activities; or sharing a video with misleading captions to imply wrongdoing. - Negative reviews without basis
False reviews on platforms like Google Reviews, Product Review and Facebook Reviews that damage a business’s reputation may be actionable. For example, a fake review claiming poor service or unethical practices because the reviewer doesn’t want to pay for the product or service they received; or a fake review written by a competing business to cause reputational harm. - Private messages shared publicly
Publishing private messages out of context to create false impressions can also be defamatory. For example, an ex-partner posting text messages taken out of context to imply an abusive relationship.
When to take action
Deciding to take action against defamation involves considering various factors:
- Wide accessibility
If the defamatory material is widely shared on platforms like social media, it may cause broader reputational harm. - Serious harm
If the defamatory statements are serious and/or have caused significant damage to your personal or professional reputation, such as loss of business opportunities or public humiliation. - Malicious intent
If the defamatory statements were made with malicious intent or persist despite requests for removal. - Within 1-year
Defamation claims must generally be filed within 12 months of publication of the social media material to be viable.
How to Take Action
To pursue a defamation claim effectively, follow these steps:
- Gather Evidence
Take screenshots of the defamatory material including any comments, likes and reactions. - Issue a Concerns Notice
Send a formal notice to the publisher outlining the defamatory content and its impact on your reputation, and demanding various remedies. - Commence Court action
If no resolution is reached, commence legal proceedings in court to seek remedies such as content removal, identification of anonymous publishers, and compensation for reputational harm and emotional distress.
Social media platforms are breeding grounds for defamation, causing significant reputational harm. Understanding your legal rights and taking timely action—such as gathering evidence and pursuing legal remedies—can help limit damage, protect your reputation and provide compensatory remedies.