Liability for saying or writing something untrue and hurtful about someone else is nothing new and dates back to 1500s England, according to FindLaw. But since the Internet and specifically social networks such as Facebook have made written communications much more prevalent, so have instances of online defamation.
Fox Chicago published an article about online rumors and lies, including tips on how to protect yourself. The bottom line is that if someone says something untrue and potentially damaging about you online, it's probably in your best interests to contact an Illinois injury lawyer.
David Arbia, an attorney with The Citizens Media Law Project at Harvard University's Berkman Center, addressed the reasons why potentially libelous speech is on the rise online:
"People tend to shoot from the hip a little more. They tend to say things they perhaps wouldn't say in another context because they're doing it online."
But what about the First Amendment protection of free speech?
As with most liberties, there are limits. What you say online is indeed a constitutionally protected right, just so long as it is true. In fact, the strongest defense against a defamation claim is if the statement in question is actually true.
David Arbia suggests reading comments a second time before posting them online. If you wouldn't otherwise be willing to say the comment to the intended reader's face, then it probably shouldn't be posted.
A plaintiff alleging libel (written) or slander (spoken) must be able to prove the following four elements in court, according to FindLaw:
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The defendant made a false and potentially damaging statement about the plaintiff.
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The defendant published the statement to a third party (includes Internet publication).
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The publisher acted negligently when publishing the allegedly defamatory statement.
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Plaintiff must prove special damages (not in all cases).
Related Resources:
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Defenses to Libel and Slander (FindLaw)
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Digital Defamation: The Hot New Tort? (FindLaw's Injured Blog)
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Browse Chicago Injury Lawyers (FindLaw)
