In recent times, social media may look like a lawless environment where anyone can recklessly libel you at any time of the day. However, in recent times, the government of Australia has taken steps to address online defamation seriously. If you are facing such issues, your first step must be to consult a reliable social media defamation lawyer in Perth.
In this piece, we discuss social media defamation and how you can overcome it. So, continue reading to learn more.
What is Defamation?
Defamation can be explained as the publication of false statements that harm the reputation of individuals or organizations. These factually incorrect statements are either made with negligence or malice. Defamatory materials can be in the form of photographs, articles, comments, or spoken words without a written record.
Defamation in social media can be described as false information that has been published on the internet to damage a person’s reputation. We can be published on some internet platforms, including:
- Google reviews or defamation of character on Facebook recommendation
- Social media platforms like Instagram, Twitter, Facebook, LinkedIn, etc
- Message boards or chat rooms
- Public media websites like regional newspaper
- Blogs
- Comments
Why is the risk of defamation high in social media?
In modern times, online publishing with the help of social media has become free and easily accessible. Anyone can immediately publish material without the guidance of a legal team to veto risky content. Due to the easy accessibility of the internet, information, whether true or false, spreads rapidly like wildfire, reaching a larger audience quickly.
With the difficulty in removing the defaming content and the extensive global reach, the risk of defamation is becoming high in social media. With this freedom and accessibility, online publishers are facing more defamation claims in recent times.
How can an individual or business prove defamation on social media?
If you or your business is a victim of defamation, then you are legally able to proceed against the person or the group of people who made the derogatory statement. However, to establish the content as defamatory, the following four elements must be present:
- False statement of fact in the content
- Publication of the defamatory content
- Identification of the victims through the content
- Damages of reputation or property caused due to the defamatory content
If you are facing any of the issues mentioned above, you must contact a cyber defamation lawyer in Perth.
The risk of defamation claims remains on social media pages
People who host social media forums or pages and allow third parties to post on it remain on the high alert of being sued for defamation. Additionally, they can face substantial damage claims. The risk remains even when the host has not posted or authorized the defamatory content published in their forum. Not only the content but people can be sued for defamatory content under posts that they may be unaware of.
The scariest part is that even though the defamatory content may be deleted once it has been identified, with retweets and shares, it may be present somewhere else without our knowledge. The digital footprint cannot be eliminated for once, and all the harm can persist for a long time even after the post has been deleted. Apart from the reputational harm, such content may also lead to significant financial and emotional distress.
What steps can be taken for social media defamation?
If you are sure that you are dealing with online defamation, there are various steps that you can take to ensure that no more harm is caused.
- Although it can be difficult, it is important to control your emotions and do nothing to instigate the action further. However, you must take screenshots for evidence before the author deletes the defamatory content.
- In the next step, you can consult top defamation lawyers to understand the genuineness of the case you are dealing with.
- With the assistance of the lawyer, you can draft a cease and desist letter to demand the cessation of the defamatory activity.
- With the assistance of a legal advisor, you can publish your statement as a counterintuitive measure.
- In the final step, you can use your defamer.
Conclusion
Defamation is a complicated area of law, especially if you are trying to navigate it on your own. While social media offers a space for free expression, it also exposes individuals and businesses to potential legal consequences if false or damaging content is shared. With the assistance of Defamation Lawyers Perth WA, you can find a suitable solution to curb someone who is spreading lies about you online.