Can You Be Sued For Posting the Truth Online?

During a meeting this past week, a client revealed that he had been drawn into an on-line argument with a friend. What began as a private email conversation between the two of them, evolved into the “friend” posting snarky remarks and innuendos broadcasted to all their mutual friends on Facebook. He wasn’t sure how to proceed and was wondering if these remarks were defamation of his character.

First of all, there are two kinds of defamation of character: Libel is the defaming of character or reputation in the form of a written statement, in this case, on a social media site, or slander, that is a damaging statement which is spoken.

As a former publisher of a newspaper, I was faced with the issues of libel and slander every day. I purposely wrote the content of the paper from the “third” person, disconnecting my feelings and opinions on any given matter. It took a lot of discipline not to be dragged into disagreements that were between two embattled neighbors or one business owner who was doing everything he could to put the other out of business. But my reputation was that of fair and unbiased reporting, a reputation that I am proud to have.

The hard truth is that when you are careless with your postings on Facebook, Twitter, or any social media site, you can get into ginormous legal trouble with statements that directly target an individual, company, association, or anyone that has a reputation to be damaged. And if the matter is pursued in court, it can cost you big-time. Also note that even a truthful statement can bring on legal issues if sharing that information damages someone’s reputation. Consult an attorney for the laws governing defamation of character in your state.

Before you begin sharing your matters of discontent on the internet, here are some things you should keep in mind:

• Defamatory language does not have to be direct. It can also be innuendo.

• That language must be “of or concerning” the person claiming to be harmed by the language.

• The language must have been “published” for all to see.

• The language has to damage the reputation of the person of whom the remarks are directed. It should be noted that even a statement of opinion can get you in trouble.

The bottom line: Use common sense with everything you post on the internet for all to see. This is especially true before you post something in a hasty moment of anger. Once it’s out there in cyberspace, it’s out there forever.