Social media unites us in great ways. It allows people to exchange ideas. It enables companies to create brands. But this same power can do great destruction. Individuals can use social media to propagate false and harmful information. One viral post or a series of vile comments can ruin someone‘s reputation or a company’s goodwill overnight. When these online attacks hit a specific legal threshold, they are actually defamation. Understanding Social Media Defamation California laws is crucial to understanding when you can defend yourself.
This article explains what social media defamation is under California law. We will cover the ingredients of a claim, the difference between a mean opinion and a false fact, who you can hold responsible, and how you can protect your reputation.
What Is Social Media Defamation California?
In essence, defamation refers to a false statement of fact that someone makes to a third party, which harms the subject’s reputation. California law describes defamation in two forms:
- Libel: Defamation in written and permanent form.
- Slander: Oral defamation.
Being permanent in nature, social media posts, comments, reviews, and images, Social Media Defamation California cases are always considered as libel.
The Four Key Elements of a Defamation Claim
To prevail on a defamation action in California, a plaintiff (the injured party) generally must prove four things:
- A False Statement of Fact: The statement must be something you can show to be false. Always a defense to an action for defamation is truth.
- Publication: There had to be a communication, or “publication,” of the false statement to another person. A post on a public social media platform readily fits.
- Unprivileged: The statement can’t be “privileged.” Privileged communications are statements made in certain official proceedings, like testimony in court.
- Harm: The false statement must have caused actual harm to the subject’s reputation. The law calls this harm “damages.” In some cases of clear libel (libel per se), the law presumes harm. This happens if the statement falsely accuses someone of a crime, claims they have an infectious disease, implies incompetence in their profession, or suggests a lack of chastity.
The Critical Line: Distinguishing Fact from Opinion
This is the overarching concept in defamation law. The First Amendment guarantees freedom of speech. That is a right to believe and state opinions, no matter how critical or unpopular they might be. An expression that is strictly an opinion will not amount to defamation.
- Opinion (Protected): “I think that restaurant’s food is terrible.” or “In my opinion, that politician is incompetent.”
- Fact (Potentially Defamatory): “That restaurant served me poisoned food.” or “That politician accepted a bribe.”
The biggest difference is whether one can assert the statement as true or false. One cannot assert an opinion is false. A statement may be defamatory, however, when it implies a false factual assumption, even if one couches it in the form of an opinion. For example, to say, “In my opinion, my boss is a thief,” implies the fact that your boss stole something. If it is not true, then it could be defamatory.
Who to Sue for Social Media Defamation California: The Platform Shield
If you are defamed on Facebook or X (formerly Twitter), your case is generally against whoever posted it, never the platform. There is a good federal law called Section 230 of the Communications Decency Act that stands behind this.
According to the Electronic Frontier Foundation (EFF), Section 230 generally shields online platforms from liability for most content their users create and post. This law treats platforms like Facebook or Yelp as distributors of information, not the original publishers. While this protection is crucial for enabling online speech, it means victims of online defamation must direct their legal action at the individual responsible for the false statements.
What to Do When You’re a Victim of Social Media Defamation California
If you suspect that someone has defamed you on the internet, it’s essential that you act fast and tactically.
Step 1: Preserve All Evidence
Before you do anything further, everything must be documented. Take dated, clear screen captures of the defamatory posts, comments, photos, and the posting profile of the person who uploaded them. Digital evidence can disappear in seconds, so it is your top priority to save it immediately.
Step 2: Report the Content to the Platform
Use the reporting functionality of the platform to flag the defamatory content. You can report it as harassment, false content, or whatever makes the most sense. As Section 230 stipulates, the platform has no legal obligation to remove it, but they might do so if it would apparently violate their own terms of service (for example, hate speech, harassment).
Step 3: Consider a Cease and Desist Letter
An effective follow-up action usually involves the hiring of a lawyer to draft and send out a “cease and desist” letter. The formal letter demands that the person take down the defamatory content immediately. The letter also commands them not to make any further false claims. Receiving a formal letter in the mail from a lawyer’s office will usually make the person take you seriously. This can be very useful in getting the content taken down without resorting to litigation.
Step 4: Consult with a Defamation Attorney
Before you sue, you ought to consult with a lawyer who is knowledgeable about defamation law. A lawyer can:
- Assess if your case meets all the legal elements for defamation.
- Explain the difference between a strong case and a mere insult.
- Discuss the potential costs, risks, and benefits of a lawsuit.
- Advise you on the strength of any potential defenses the other party might raise.
Key Issues in Social Media Defamation California
Social Media Defamation California involves a few additional complexities you should know about:
Public vs. Private Figures
The burden for establishing defamation is significantly higher for public figures. These are like politicians, well-known celebrities, or high-level executives. It is a stipulation that the defendant did so with “actual malice.” This is when the defendant knew the false statement was not true or in reckless disregard of the truth. For individuals who are not public figures, the stipulation is typically to establish that the defendant was negligent in disseminating the false statement.
California’s Anti-SLAPP Statute
California has a strong “anti-SLAPP” (Strategic Lawsuit Against Public Participation) law. Lawmakers designed this law to stop lawsuits filed simply to silence someone’s free speech on a matter of public interest. If a defendant believes a defamation suit unfairly targets them for expressing their opinion on a public issue, they can file an anti-SLAPP motion. This move forces the plaintiff to quickly show the court that they have a real probability of winning their case. If they can’t, the court can dismiss the case early, and the plaintiff might have to pay the defendant’s attorney fees. This creates a significant hurdle to consider before filing a lawsuit.
Statute of Limitations
California’s statute of limitations on pursuing a defamation claim is very tight. You only have one year from the time someone first published the defamatory content online to bring your lawsuit. Otherwise, you will probably lose your right to sue permanently.
How KAASS LAW Can Help with Defamation Claims
Your reputation is one of your most valuable assets, both personally and professionally. Harm to your reputation is a serious injury. At KAASS LAW, we understand the damage that online falsehoods can cause. Our attorneys can help you navigate the complexities of Social Media Defamation California. Our experienced attorneys handle a variety of cases, including reputational harm.
We can assess your situation to determine if you have a viable defamation claim. Our team can draft and send effective cease and desist letters designed to resolve the issue quickly. If litigation is necessary, we are prepared to advocate vigorously on your behalf to protect your reputation and seek compensation for the damages you’ve suffered. If you have been the victim of online defamation, please Contact Us for a confidential consultation.
Conclusion
In the social media era, a false rumor can go around the globe in seconds. Free speech is a valued right, but it does not encompass the right to publish knowingly false statements of fact that harm a person’s reputation. Social Media Defamation California is a legal solution for victims of such falsehoods. But the law is complicated. It has strong evidence standards and essential defenses like Section 230 and anti-SLAPP. And, there is a brief one-year statute of limitations to bring. If you think someone defamed you online, it is worth your while that you preserve evidence, act quickly, and sit down with seasoned counsel so you can know what you can do and protect your good name.