Social media has completely covered all aspects of life, and people are using it to search for legal topics and guidance. Even businesses are now making their presence known on social media platforms to enhance their client engagements. Along with the advantages, the dark side of internet use is also becoming apparent—something that requires the involvement of a cyber defamation lawyer at times.
People think the anonymity behind internet profiles will save them, but in Australia, laws prohibit it, and penalties are also mentioned if someone disobeys. In this blog, we will discuss defamation in social media, and what are the laws concerning it.
What is social media defamation?
As all know, defamation means making untrue and spiteful statements about a person or business that harm their reputation. The media of defamation may be news articles, photographs, published comments, and even uttered words without broken records.
The definition of social media defamation is an extension of the above. When defamatory content is published on the internet (specifically on social media platforms) – it is known as social media defamation.
The internet media for this kind of libel can include Google reviews or Facebook recommendations, with social media sites like Instagram, LinkedIn, Facebook, Twitter, and others.
Libelous statements made in chatrooms and message boards like Discord or public media websites (articles or letters to the editor in local or regional newspapers) also fall under this category. Moreover, blog comments via social media will also be counted.
What will constitute social media defamation?
Any online content that spreads widely and causes significant harm to the subject’s professional and personal dignity can be considered social media defamation. The main elements that consist of general social media slander are the following:
1. The libelous statement on social media has to be communicated to at least one person apart from the statement’s subject (for example, Facebook page).
2. The statement made on social media must be untrue. Damaging statements, if truthful, won’t be considered slanderous.
3. The defamatory online statement must recognize the business or person being directly or indirectly slandered.
4. The social media publication must cause harm to the person’s goodwill and create damages like emotional distress, financial loss, or damage to their status.
5. The various forms of defamation may be text posts, manipulated videos or images, false ratings or reviews, and shared libelous content.
Can businesses complain about social media defamation?
Individuals going to court for social media or other defamation cases are common. However, the Australian legal system has given small businesses the power to make defamation claims in certain situations. However, it is best to call the most skilled defamation claim Lawyer in cases of business-related slander cases, as the following decide whether a corporation can apply for financial gain:
- The business was established to obtain a financial gain.
- It is not a public body (for example, local government or legally established federal authority)
- The business has less than 10 workers and is not an associated part of another corporation.
Social media defamation cases are generally considered civil matters and not criminal matters. So, the court will set less severe penalties for committing social media defamation than other types like libel or slander.
However, this factor is present and applied on a purely case-to-case basis. If the published content crosses civil limits, is harassing, or is threatening – the court can also count it as a criminal offence.
The Current Scenario
Defaming someone by social media is rising and becoming a serious problem in Australia. In 2018, an Australian district court judge stated that 70% of defamation matters presented in his court totally or partially involved online matters, and 63.7% of all cases were against distinct individuals rather than corporations.
Traditional laws required something more to include social media defamation under its umbrella. Moreover, viral posts can be posted easily and in secret, which worsens the harm.
Conclusion
In conclusion, we would like to say that social media has turned out to be a commonplace to defame a person. However, it’s important to know the fact that courts have changed and adapted to the changing times in their social media defamation laws through the Civil Law Amendment Bill 2024.
The reforms aim to clarify the responsible digital intermediaries and their liability for defamatory material published on their platforms.
Knowing about the legal rights will be helpful in this regard. Other than that, hiring the best social media defamation lawyer Perth will be the best thing you can do.