By Amber Hubenschmidt
Posting on the internet can be fun…until you get in trouble. Defamation is a serious claim that can have legal repercussions. By legal repercussions, I mean money.
Not sure if you’ve posted something defamatory? Well, let’s first look at the definition.
Defamation can be defined as damaging someone’s good reputation.
This can be done by slander, which is verbal, or libel which is written. Libel also includes online posts and photos.
Still not sure? Here’s some examples:
- Libel– Tweeting with a photoshopped picture of Justin Bieber doing blackface, claiming it to be real and saying he’s a racist.
- Slander– A reporter goes live calling the president a rapist, but with no proof and claiming it as a fact.
No need to worry though, there are ways around expressing how you feel without committing defamation. Here’s a 10-point check list to go through next time you’re not sure:
- Be ethical
Keep in mind that everyone has feelings and words do have an impact. Think to yourself, “will this hurt someone and their reputation”? If your answer is not a solid no, then it could fall under defemination if not careful.
2. Don’t post when emotional
It’s easy to turn to social media when you’re upset to vent about how you feel, especially with it being readily available at our fingertips. Been there, done that. Though when venting about someone else when you’re upset or angry, it can get nasty quick. In the heat of the moment you might not realize it, but you could be committing libel. Waiting to post after you’ve calmed down could save you a lawsuit.
3. Have the facts
Having the facts is always a good thing, especially when making a statement about someone else. If you have the proof to back up what you’re saying, like authentic documents or credible sources, then you could use those as a good defense against a defamation claim.
4. Be cautious of who you’re talking about
Posting negatively about public figures like government officials or celebrities, and even big businesses is risky. Even when you have the facts to back it up. They have the money to take you to court and protecting their reputation is everything to them. This could affect your job and you could get public backlash from fans or supporters. Think first about how much it’s worth to you, then make your decision.
5. Use appropriate media
Adding photos and videos to your posts is great for search engine optimization, but not always for defense in a defamation claim. Make sure any media you use is true and real. If you took it yourself, great. If you got it from somewhere else, make sure your source is 100% reliable. Also remember though, that pictures can be deceiving. What may look like is happening could have a totally different truth behind it.
6. Don’t name-call
It’s easy to call people names, but it’s harder to take it back once it’s been put out to the public. Calling someone a name that’s associated with hate groups or terrorist groups is a serious accusation. Unless they have stated their affiliations or there’s solid proof, it’s better to leave the name calling to kindergartner’s.
7. Check your sources
Checking your sources is the key to credibility…and to not committing defamation. Be thorough in researching your sources. You don’t want to get in trouble for someone else’s false claim. This includes retweets and linking to posts, you could be held just as liable.
8. Get consent
Before putting out a quote from someone, like a victim coming forward about their abuser, it’s in good interest to get their written consent to publish. If not, and you get taken to court for a defamation claim, that person can retract their statement and you’ll be held liable. If possible, getting consent from the actual person you’re talking about is even better. Some celebrities will give you permission to run an outrage rumor story about them so it can attract them attention and relevance. Of course, it can be hard to get in contact to public images, but it doesn’t hurt to try.
9. Be careful with opinions
Everyone’s got an opinion, just make sure yours just damage the reputation of someone. When putting your opinion out into the world about someone else, make sure it’s known or stated that it’s just your opinion and NOT a fact. That way, you can’t get in trouble for defamation.
10. Prepare for an apology or correction
Nobody’s perfect and mistakes happen. If you accidentally end up making a false claim publicly, you could still get sued, but if you retract your original statement with an apology and correction then you could get lucky and face no legal repercussions. This all depends of course on who your false claim was about and what you said about them. If realize what you’ve stated was false before anyone else, immediately correcting it could save you a lawsuit.
As the old saying goes, “If you don’t have anything nice to say, don’t say it” … but if you insist then remember this checklist to help guide you avoid a defamation claim.
Amber Hubenschmidt 