Getting sued—or threatening to sue someone—for defamation is more common than ever in the social media age. But the line between free speech and libel can be legally tricky.
🧾 What Is Defamation?
Defamation occurs when someone makes a false statement of fact that causes harm to another’s reputation. It comes in two forms:
- Libel: Written defamation (e.g., blog post)
- Slander: Spoken defamation (e.g., podcast, livestream)
⚖️ Key Elements Needed to Prove Defamation
- A false statement was made
- It was communicated to others
- It caused measurable harm
- It was made negligently or maliciously
🧠 What to Do If You’re Sued
- Don’t Respond Publicly – Anything you say can be used in court.
- Preserve Evidence – Emails, screenshots, timestamps.
- Call a Defamation Lawyer Immediately
- Review What Was Actually Said – Opinions and satire are often protected.
🚫 Defenses to Defamation
- Truth: A true statement is not defamatory.
- Opinion: “In my opinion, X is unethical” is often protected.
- Privilege: Statements made in court or by officials are often immune.
💸 What Could Happen?
- Civil liability: Damages range from $10,000 to $1 million+
- Injunctions: You may be forced to take down content or issue an apology
- Legal fees: These can easily exceed $20,000 if not covered by insurance
Final Thought
Online expression has legal boundaries. If you’re facing a defamation lawsuit or considering one, consult with an experienced attorney immediately. The wrong move can cost you your reputation and your bank account.
