Defending Your Reputation: How to Handle Defamation and Libel

ByAaron Hall Updated Business Law

What to Do If You Are Facing Defamation, Falsehoods, and Libel

In the era of instant information and social media, a person’s reputation can be damaged almost instantly. Whether through an online review, a tweet, or an article, false statements can spread quickly and cause irreparable harm. If you believe you are a victim of defamation, falsehoods, or libel, it is essential to know your rights and the steps you can take to protect your reputation. Here’s what you can do:

  1. Understand the Definitions:
    • Defamation: A false statement made by one person about another that damages their reputation. It encompasses both spoken statements (slander) and written or published statements (libel).
    • Falsehood: A broad term referring to any untrue statement, not necessarily damaging or malicious.
    • Libel: A false statement made in written or printed form that injures another’s reputation.
  2. Document Everything:
    • If the defamation is online, take screenshots, save URLs, and record dates and times.
    • If the defamation is spoken, try to gather witnesses, record the conversation (where legal), or take notes immediately after.
  3. Cease and Desist Letter:
    • Before taking legal action, consider sending a cease and desist letter to the person or entity spreading the false information. This letter demands that they stop the defamatory actions and often correct or retract the false statement. It’s advisable to get this drafted by a lawyer.
  4. Consult an Attorney:
    • If the defamation continues or has caused significant harm, consult with an attorney specialized in defamation law. They can guide you on the best course of action, which might include filing a lawsuit.
  5. Prove the Falsehood:
    • If you decide to sue, you’ll typically need to prove:
      1. The statement was false.
      2. The statement was presented as a fact.
      3. The statement harmed your reputation.
      4. The statement wasn’t a protected form of speech.
  6. Potential Defenses:
    • Be aware that the person who made the statement may have defenses, such as:
      • Truth: If the statement is true, it’s an absolute defense against defamation.
      • Opinion: Some statements might be protected if they are clearly opinions and not presented as facts.
      • Public Figure Defense: Public figures usually have a higher burden to prove defamation.
  7. Counter the Narrative:
    • Engage in reputation management. Sometimes, addressing the falsehood directly and providing correct information can help mitigate the damage. This can be through a public statement, press release, or simply engaging with individuals on social media platforms.
  8. Consider Alternative Dispute Resolution (ADR):
    • Mediation or arbitration might be a less adversarial and quicker way to resolve the issue than a full-fledged court battle.
  9. Avoid Retaliation:
    • While it’s natural to feel angry or hurt, avoid making defamatory statements in return. This can complicate matters legally and damage your reputation further.
  10. Stay Updated and Monitor Your Online Presence:
  • Regularly monitor what’s being said about you or your business online. There are various tools and services available that can notify you when your name or your business’s name is mentioned.
  1. Protect Your Mental Health:
  • Being a victim of defamation can be stressful. It’s essential to seek support from friends, family, or professionals.

In conclusion, defamation, falsehoods, and libel can be damaging, both emotionally and financially. It’s essential to act promptly and judiciously when confronted with such situations. Always consult with legal professionals and consider all your options before taking any steps.

Video Transcript

If you are the victim of defamation, falsehoods, libel, and intellectual property theft, what should you do? Well, the classic answer is either you try to resolve it yourself, or you get an attorney to help you try to resolve it. And typically, if you are asking this question, you have already tried to resolve it yourself, or it is too big of a problem.

Engaging an Attorney

So let’s assume you need an attorney. The attorney will usually decide with you: Does it make sense to do a demand letter where you demand some sort of payment or action to resolve this? Perhaps you send a cease-and-desist letter, which says, “Hey, cease and desist your illegal activity.” By the way, you could combine those into a single letter. You demand money and ask them to cease and desist the illegal activity. Alternatively, you might decide, “Let’s go straight to court.” These guys are not cooperative; they are not reasonable. We are going straight to court. We are going to sue them. Or you might decide it is not worth suing these folks. Maybe they are in another country where U.S. court systems are not honored.

International Considerations

You know, let’s say, for example, the party doing this is in Russia. Good luck trying to assume in the United States – you know, yeah, you will probably get a judgment, but then what are you going to do? Let’s say you win and you get a default judgment against them, but all that a judgment is, is a piece of paper that now says they owe the money. If they don’t have anything in the United States, you have to go to Russia to enforce that judgment.

Now, maybe they do have something in the United States. Maybe they have a bank account, maybe they have a website or domain name. If they have any assets in the United States or within the jurisdiction of the United States, maybe it is worth getting a Minnesota or a United States court judgment against them.

Summary

So, if you are the victim of defamation, falsehoods, libel, intellectual property theft, etc., the next step is usually talking to an attorney who can analyze not only the legal ramifications and your legal options but your practical ones as well. How much money do you really want to spend to deal with this, and what is the chance you are actually going to collect or prevail against the other party based on how much money they have? Are they located in a jurisdiction where a judgment would be enforceable? Do they have any property assets like domain names, bank accounts, or funds that you could go after if you win in court? All of those would be factors to consider in determining what strategy makes sense for the next steps for you.

Conclusion

Alright, if you would like to get notified about the next live session, you are welcome to subscribe to the Aaron Hall attorney YouTube channel. You are welcome to subscribe to our little reminder email system at aaronhall.com/free. You can also sign up and follow us on other social media sites. I am Aaron Hall, an attorney for business owners and entrepreneurial companies. It was a pleasure talking with you today and answering your questions from an educational perspective.

As I always say, before you rely on any of this, consult with an attorney. It is my hope that you use these questions to identify topics and questions to bring up with your attorney. Until the next live session, I hope you are doing well. Take care.