Defamation is a form of speech to which civil liability attaches—meaning that you can be sued for it. Generally, defamation occurs when a false statement damages a person’s reputation.
Today, through social media, it is easier than ever before to defame someone. Defamation scenarios often involve doxxing or even cyberstalking. For that reason, defamation law is becoming more prevalent. What can a defamation attorney do for you if you are defamed or harassed online?
Defamation Attorney Services
First, a defamation attorney can serve what’s called a demand letter (or a “cease-and-desist” letter) on your detractor. This is a type of pre-litigation notice that threatens a lawsuit unless certain demands are met, such as the removal of defamatory content, or cessation of defamatory publications. Although social media platforms enjoy broad immunity from suit under federal law, demand notices can also be sent to those platforms when content violates their policies, or infringes on intellectual property rights. Sometimes, an interactive platform may have a role in creating the defamatory content, which effectively cancels out their immunity from suit.
Clients may also want to demand a retraction or correction of a defamatory statement. At LATE NIGHT LAW®, we have been successful at winning retractions for our clients, from news outlets and from social media influencers.
If you hire an attorney to serve a demand letter, you should be ready to follow through with your threat to file suit if your demands are not met. Here at LATE NIGHT LAW®, we stand ready to make good on every threat of litigation that we make for our clients when we serve demand letters. A retraction of defamatory statements can go a long way toward reversing the reputational damage that defamation causes.
Second, an attorney can bring a defamation lawsuit against your detractor. This can be done with the goal of a monetary recovery for actual damages, with the goal of obtaining injunctive relief from further defamatory acts, or simply to leverage the cessation of the defamatory behavior. Litigation is unpredictable, and comes with risks. You should consult with an attorney to get a thorough sense of the rewards and possible pitfalls.
In the defamation law context, the primary pitfall is publicity, because lawsuits are public proceedings and create public records. Thus, paradoxically, a defamation plaintiff can do his reputation more harm than good by filing suit and further publicizing the defamatory content. However, the flip side of this risk is that, when your reputation has been egregiously harmed by a liar, filing suit can generate publicity that shows you are fighting back and taking the initiative to publicly contest what’s being published about you.
Third, when your business is being review-bombed (or is being subjected to any kind of defamatory review) by anonymous parties, an attorney can file what’s called a “John Doe lawsuit.” This is a lawsuit that names an anonymous defendant, for the purpose of serving a subpoena on a social media platform to compel the unmasking of the anonymous detractor’s IP address or other account information.
A subpoena cannot be served by an attorney unless it is connected to a pending lawsuit, so this option does require you to initiate litigation. Social media platforms may object to the subpoena. Such objections can increase the time and cost of John Doe litigation, but they may also accede to the subpoena. Once unmasked, the anonymous detractor can be named as a defendant and served process.
Fourth, in cases of cyberstalking and online harassment, an attorney can petition a court for a protective order. State courts have broad authority to enjoin online speech when it crosses the line into stalking or serious harassment. Usually, this will require you to make a showing of reasonable fear for your safety, or (in some states) substantial emotional distress. In many states, these petitions are heard on an expedited basis. Federal laws also
Protective orders against online stalking or harassment restrict speech. Although state appellate jurisprudence allows those restrictions under certain circumstances, different judges take different views of what the First Amendment requires, and so the outcomes in this type of protective order litigation may vary widely from case to case.
These are just a few of the options that a defamation attorney may be able to offer, depending on your unique situation.
Late Night Law® is a dedicated defamation, privacy and social media law firm. If you are the target of doxxing, defamation or cyberstalking in New Mexico, in Washington, or in Texas, contact us at (505) 225-2623 to schedule a free consultation with a defamation attorney.
This article is not legal advice, and does not create an attorney-client relationship between the reader and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.
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