Monthly Archives September 2016

Libel Lawyer San Diego

We all enjoy the right to freedom of speech under the First Amendment, and an experienced libel lawyer in San Diego wants to ensure you can speak safely without being sued for exercising your right to protected speech. The Law Office of Ryan T. Darby can help if you’ve been accused of libel in San Diego or greater California.

Not all negative statements are considered libel. For one thing, it must be a false statement of fact––true statements and opinions are not libel. The qualifications of what is considered libel can be extremely complicated. It is difficult for someone who didn’t study libel law extensively to know all the various rules and exceptions for fighting a libel allegation.

Sometimes consumers are afraid to write honest reviews and share their opinions online to give others advice and help them decide which service provider to use. If this was illegal, Yelp wouldn’t exist! If you have been accused of libel and are threatened with legal action, seek help from a libel lawyer at The Law Office of Ryan T. Darby right away.  Similarly, if you’re being sued for a defamatory statement you made, it’s important to consult a skilled libel lawyer who can review all the possible defenses for your situation.

The ultimate defense to a libel accusation is truth. No matter how negative a statement may sound, it can’t be considered libel if it is a fact. Opinions cannot be true or false, so in most cases, opinions cannot be considered libel. However, time is of the essence when it comes to lawsuits. Many times opinions that imply information are considered factual and you will need a libel lawyer to represent you and fight aggressively for your rights.  If you’ve been accused of libel in San Diego, contact The Law Office of Ryan T. Darby today to discuss your situation.

Categories: Defamation.

Internet Defamation Defense Attorney in San Diego

Social Media and the advent of the Internet provide a new medium for people to meet and connect with one another, in both privately restricted and completely public forums. While this new, wide-reaching exchange of ideas has undoubtedly enhanced our lives, it also provides the perfect breeding grounds for libel and defamatory statements. The Internet gives a unique opportunity to share thoughts and opinions in a seemingly anonymous way—there are many opportunities to post opinions under the supposed veil of anonymity. Popular forums and informational sites allow users to create “user profiles” for online interactions, which can facially mask their true identities.

Additionally, some Social Media websites are typically tied to a real person’s identity, and millions of people use these websites to connect with friends, family, and even meet new people. We all have unfavorable opinions we’d like to share, whether that of people, services, businesses, or products. Well, isn’t it OK to post a negative opinion? Of course, so long as it is purely an opinion or states a true fact. We can run into legal problems, though, if we post untrue statements of fact. Even if presented as an opinion, untrue or incorrect statements can get us into serious trouble if the subject chooses legal action. Defamation defense attorneys are knowledgeable in this niche area of law, and can help if you’ve been accused of Internet defamation. San Diego follows the state defamation laws that apply to all of California, and they vary from defamation laws applied in other states.

Internet defamation, libel, and slander laws are applicable to content posted online, and given the assumed permanence of online content, it can be easy for victims of defamation to gather evidence to support their claim. Considering how easy and accessible it is to post content on a website or social media channel, there are certainly some emotional statements made online that could negatively impact someone’s quality of life or reputation. However, the best defense to Internet libel or slander is that your statement was either a true statement of fact or an opinion. The Free Speech Clause of the First Amendment guarantees that opinions are not considered defamatory, but the courts draw a fine line between fact and opinion. If you’ve been accused of Internet defamation, it’s important to consult with an experienced Internet defamation defense attorney in San Diego to review your options. Contact The Law Office of Ryan T. Darby today for a consultation on your legal situation.

Categories: Defamation.