Monthly Archives August 2016

Internet Defamation Defense- Libel Lawyer in San Diego

One of many things that makes America great is the freedom of speech guaranteed by the First

Amendment. We have a right to our opinions and share them on websites, Facebook, Twitter,

and on other platforms available across the Internet. If you are being wrongfully accused of

Internet defamation, you need a lawyer who specializes in Internet defamation legal matters

and understands and has what it will take to defend your case.

 

In many ways, courts treat defamation on the Internet similar to off-line defamation, due to

their overlap and similarities. However, because Internet defamation is by definition written

rather than spoken, it is regarded as Internet libel. Libel is defamation that is written, rather

than spoken. Internet defamation can occur through posting libelous statements on Yelp,

Twitter, Google Plus, Facebook, a website forum, bulletin board post, business review, blog

post, or other platform.

 

The First Amendment exists to protect our right to freedom of speech. Therefore, a written

statement must be a false statement of fact, and at least negligently made to actually be

considered libel.

 

In order for a comment, post or article to be considered Internet libel, it must meet the

following requirements:

 

1. The first thing the plaintiff must prove is that the statement is a false statement of fact,

rather than opinion. We are entitled to our opinions. A factual statement is something that can

be proven true or false. Opinions are not actionable as defamation, and qualifiers such as “I

think” or “I believe” may indicate opinions.

 

2. The false statement of fact must harm the plaintiff’s reputation. There are many false

statements posted across the Internet that don’t cause harm to anyone’s reputation. In order

to constitute libel, a statement must not only be false, but must harm someone’s reputation.

 

3. The statement must have been negligently made, at a minimum. The false statement must

be made without adequate due diligence or research into its truthfulness.

 

4. If the person who is the subject of the false statement of fact is a celebrity or public official,

the plaintiff must also prove malice. Malice is proven when the statement is posted with the

intent to do harm or with reckless disregard of the truth.

 

This is a fact-specific inquiry. If you’re being sued for an allegedly defamatory statement, it’s

important to consult a skilled libel lawyer who can review all the possible defenses for your

situation.

 

Call The Law Office of Ryan T. Darby at (619) 858-4766 for a consultation to learn more about

how we can help you.

Categories: Defamation.

San Diego Internet Defamation Defense Lawyer

Individuals and businesses increasingly rely on the Internet for information––and for

expression. If you have been wrongly accused of defamation resulting from a blog post, social

media post, forum comment, or customer review on a website, you may need a lawyer who

specializes in Internet defamation legal matters to understand what it will take and what it will

cost to defend your case.

 

At the Law Office of Ryan T. Darby, we represent individuals and businesses who have been

accused of making defamatory statements and have been threatened with litigation or have

been sued as a result of things they have said, written, or otherwise communicated.

Although cases involving defamation over the Internet have many similarities to cases involving

defamation in other mediums, the Internet presents a host of unique complications. There are

a number of legal defenses to defamation lawsuits, and the state of California has anti-SLAPP

statutes that provide protection against unjust defamation claims.

 

Internet defamation cases can be challenging to defend and a strong legal defense attorney to

fight unforgiving defamation claims is important. By calling The Law Office of Ryan Darby, you

can have an experienced advocate on your side. Successfully defending an Internet defamation

case requires knowledge of the law of Internet defamation, as well as an understanding of how

the Internet works as a communications medium.

 

In order to successfully prove a defamation case in California, the plaintiff must prove that the

defendant made an unprivileged and injurious statement of fact about the plaintiff and

communicated it to a third party. This holds true in Internet defamation cases.

 

The Law Office of Ryan T. Darby offers defense representation to individuals who have been

threatened with or are involved in lawsuits related to a variety of defamation cases. We can

help you defend against the allegations and may be able to pursue an anti-SLAPP motion to

quickly dismiss the lawsuit and require the plaintiff to pay all your costs and attorney fees.

Contact us today at (619) 858-4766 for a free consultation and to learn more about how we can help you.

Categories: Defamation.