How to Legally Stop Someone From Spreading Lies About You Online

When someone spreads lies about you online, it not only stands to damage your reputation but also your peace of mind (and even your livelihood). Given the speed and reach of information in today’s digital age, understanding how to legally stop someone from spreading lies about you is crucial.

To effectively stop the spread of lies about you, there are several measures you can take:

• Preserve evidence of the false content and statements,
• Report the account behind the lies to the social media platform,
• Exercise your “right to be forgotten” and request the removal of personal data and information under E.U. privacy laws (only applicable to those in the E.U.),
• Send a cease and desist or retraction demand letter to the perpetrator,
• File a defamation lawsuit against the perpetrator, and
• Use content removal or suppression services to mitigate the damage from lies posted online.

At Minc Law, we have extensive experience removing false and damaging content from popular social media platforms. We help victims of reputational attacks swiftly and discreetly navigate removing damaging content from the internet, ensuring the process attracts minimal public attention. In this article, we will delve into the steps you can take to protect yourself from online defamation. We also provide insights into strategies and legal remedies you can use to counteract the spread of lies about you.

Steps to Legally Stop Someone From Spreading Lies About You

If someone is spreading lies about you online, it is important to take a thoughtful and strategic approach. A range of legal options exist to safeguard your reputation, but the best approach depends on your unique circumstances.

Stay Composed

It is important to resist the impulse to react impulsively when dealing with social media defamation. Instead, approach the situation with professionalism.

A composed response can help avoid the Streisand Effect, which occurs when an attempt to suppress information only amplifies it, drawing more attention. Directly addressing inaccuracies and presenting the truth can correct misconceptions and dispel rumors. It can also strengthen your credibility and demonstrate your seriousness in resolving the issue. This is especially important for public figures.

Finally, a professional approach can help avoid legal complications. Engaging in heated online arguments may give the defamer more ammunition and cause further harm to your reputation. Staying focused on the facts helps mitigate the damage and lays a foundation for any legal steps you may have to take.

Preserve Evidence of the False Content & Statements

Before proceeding with any other steps or legal options, it is critical to secure a copy of the content. This can be done by taking screenshots of the content, the URL where the content can be found, and other relevant information, such as the profile information of the user who posted the lies.

Unfortunately, with online content, there is always a risk that the defamatory material might be deleted. Preserving a copy ensures that you have the necessary evidence to support a defamation lawsuit if and when the time comes. In the absence of this evidence, pursuing a defamation claim becomes significantly more challenging.

This step lays the groundwork for all subsequent actions to protect your reputation.

Report the Account to the Social Media Platform

Popular social media platforms like Facebook and Twitter (now X) have strict policies against posting harmful or false information. They provide users the option to report content that violates their Terms of Service (ToS), including defamatory posts, profiles, or comments.

Each platform has its own process for reporting abuse and ToS violations. By flagging and reporting the content, you trigger a review by the platform’s moderation team, which may lead to its removal.

This action not only helps address the immediate issue but also helps maintain the integrity and safety of the online community.

Privacy Laws & Opt-Outs (For Europeans)

For individuals in Europe, E.U. privacy laws present a unique avenue to combat online lies. Under European privacy regulations, notably the General Data Protection Regulation (GDPR), citizens have the right to request the removal of personal data that is false or no longer necessary.

This includes the ability to invoke the “right to be forgotten,” a principle that allows individuals to ask for the removal of personal information from internet archives and search engines.

This process can be particularly relevant when the content does not fall under the purview of traditional defamation laws or when other legal remedies are less feasible.

Send a Cease & Desist Letter or Retraction Demand

Sending a cease and desist letter or a retraction demand can be effective if you know the identity of the individual spreading the lies. A cease and desist letter is a formal notice sent to the offending party, telling them to stop their defamatory actions immediately. It serves as a clear warning of potential legal action if the defamation continues.

Including a retraction demand in the cease and desist letter is a common practice. This demand stipulates that the offending party not only cease their defamatory statements but also publicly retract the false information they have spread. This dual approach can convey your readiness to pursue other legal remedies if necessary.

These tools are cost-effective and can be used rather quickly, making them an appealing first step in defamation cases. They are especially suitable in situations where a lawsuit might be premature or too aggressive.

However, it is important to consider the nature of the defamation; in cases involving serious accusations, it may be more prudent to file a defamation lawsuit from the outset rather than escalate the situation with a cease and desist letter.

File a Defamation Lawsuit Against the Person Behind the Lies

A defamation lawsuit is a more direct approach to stop the lies. To succeed in a lawsuit, you must demonstrate the inaccuracy of the statements made and the harm they have caused. Defamation laws differ slightly depending on your location, so you will need to be aware of the laws and formalities that apply to your matter.

In situations where you do not know the identity of the person spreading lies, you may file a John Doe lawsuit. This type of lawsuit allows you to file a case against an anonymous defendant, which can then lead to legal measures to uncover their identity. Once identified, you can compel the removal of the content.

While a defamation lawsuit can be expensive, it may be necessary if you are facing extremely serious accusations. One primary advantage of a lawsuit is the ability to obtain a court order. A court order can require the defamer to remove the content from online platforms and prevent them from engaging in further defamatory behavior.

In extreme cases, an injunction may be necessary. An injunction is a legal order issued by a court that can either command or prohibit specific actions, such as continued defamation or harassment. This could provide you with peace of mind, knowing there are legal repercussions if the defamer repeats their unlawful behavior.

Utilize Content Removal or Suppression Services

If legal action is impractical, content removal or suppression services may be more viable options. These services might entail negotiating with a website administrator to remove the content or using search engine optimization (SEO) techniques to suppress negative content in search results.

While these services offer a less legalistic approach to managing online defamation, they can still be costly. The effectiveness of these services can vary, depending on the nature of the content, the jurisdiction, and the platforms on which it is posted.

Understanding Defamation

If a person is making and spreading damaging statements about you on the internet, it is important to understand if they cross into the territory of defamation.

Understanding if the statements in question give rise to an actionable defamation claim will form the legal foundation of your response and provide a better idea of the legal remedies that may be available to you.

Definition of Defamation

Defamation is a legal term that refers to any false statement made about an individual or organization that causes harm to their reputation. It is an umbrella term that includes both slander and libel, which are two types of defamation characterized by the nature in which the false statements are communicated.

Differentiating Between Slander & Libel

Slander refers to defamatory statements that are spoken and heard. It is often a more fleeting form of defamation because it does not have a physical or permanent form like written words.

Libel, on the other hand, pertains to defamatory statements that are written or published. This includes false statements made online, in print media, or any other form of written communication. Libel has a lasting presence due to its recorded format, making it potentially more harmful over time.

Elements of Defamation

To succeed in a defamation lawsuit, certain key elements must be proven.

False Statement

The statement must be false. Truth is a complete defense against defamation, meaning if the statement is true, it does not constitute defamation. The falsity must be clear, as opinions or subjective statements often do not qualify.

Publication

When it comes to defamation, publication means that the statement was made to someone other than the person it was about. It does not require widespread sharing, however, because even a statement made to one other person can qualify.

Injury

The statement must have damaged your reputation. This harm can manifest in many ways, such as loss of business, personal distress, or social ostracism.

Fault

Finally, there must be a degree of fault. Depending on the jurisdiction and the nature of the defamation, this can range from negligence to actual malice. Negligence, the burden of proof for private individuals, simply means that the individual made the statement without bothering to confirm whether it was true or false.

Public figures have a higher burden of proof that must be met to succeed in their defamation claim and must prove that the statement was made with actual malice – which means it was made with knowledge of its falsity or reckless disregard for the truth.

Is a Lie Considered Defamation?

For a statement to be defamatory, it must be false and damaging to someone’s reputation. In many cases, this means a lie can be considered defamation. However, the victim would still have to prove the other elements of defamation, as falsity alone is not enough to succeed in a defamation lawsuit.

How Can You Prove a Lie is Defamatory?

First, you would need to demonstrate that the statement was indeed false. This often requires presenting evidence that contradicts the claim. But, remember, the lie must have been presented as a false assertion of fact and not an opinion.

For instance, if someone says, “John was convicted of robbery,” John may be able to prove the statement was defamatory if he can show that he has never been convicted of that crime.

You must also prove the statement was made to a third party other than yourself. This could be through social media posts, emails, or published articles. The key is that the statement must have been made to others.

Then, you will need to show that the person made the statement either with negligence or actual malice and that it harmed your reputation.

Gathering concrete evidence to support each of these elements is crucial. This might include witness testimonies, documentary evidence, and other forms of proof that collectively establish the defamatory nature of the statement.

Protecting Your Reputation Against Lies on Social Media

With the popularity of social media platforms and their solidification at the forefront of false attacks on the internet, safeguarding your online reputation is increasingly important.

Adjust Privacy Settings

A key step to protect yourself against defamation on social media is adjusting your privacy settings. The primary reason for this is straightforward: the more private your profiles are, the more difficult it is for defamers to locate you and see your content. By controlling who can view your posts, comment on your activities, or share your content, you significantly reduce the risk of becoming a target.

Privacy settings vary across platforms, but most sites allow you to customize who can see your posts, who can tag you, and who can contact you. Regularly reviewing and updating these settings can help keep your profiles secure.

For more detailed information on adjusting your privacy settings, review our article, “How to Deal With Social Media Defamation and Libel.”

Learn to Monitor & Identify Defamatory Statements on Social Media

Lies can spread quickly online, so it is crucial to have strategies in place for monitoring and spotting defamatory statements. Here are some effective approaches:

• Set Up Google Alerts. Google Alerts is a free tool that can monitor the web for specific keywords, like your name. Whenever these keywords appear online, Google sends you an email notification so you can stay aware of what is being said about you.
• Engage With Your Online Community. Building a supportive and vigilant online community can provide an extra layer of monitoring. Encourage your followers to report any defamatory statements they encounter.
• Use Digital Risk Protection Tools. Digital risk monitoring tools are designed to comprehensively scan social media and other digital platforms for risks, including defamation. These platforms typically offer a wider range of tools and data sources than Google Alerts alone.

At Minc Law, we provide a digital risk protection service for both individuals and businesses who want peace of mind when it comes to eliminating digital threats and attacks on the internet.

Learn to Effectively Respond to Lies on Social Media: What to Do

In the face of lies and defamation, it is critical to handle your response strategically and thoughtfully.

Do NOT Respond To the Defamer

One key piece of advice is to refrain from responding directly to the person spreading the lies. Engaging with the defamer often escalates the situation. Instead, it is usually more effective to address the issue legally. This approach ensures that your response is measured and appropriate and does not exacerbate the situation.

Do NOT take extreme action

Certain actions, like making public threats or accusations, can not only harm your case but could lead to legal issues for you. A calm and strategic approach will serve your interests better in both the short and long term.

Preserve & Save Evidence

Proper documentation is key to building a solid case against the defamer. Preserve all evidence of the defamation with screenshots. You may also gather written documents and other forms of evidence that corroborate your case. The more thorough your collection of evidence, the stronger your case will be if you need to pursue legal action.

Send Evidence Preservation Letters

To assist with your evidence gathering, it is often wise to send evidence preservation letters to parties who might have relevant information. This might include social media platforms, internet service providers (ISPs), and website administrators.

Digital evidence can be easily altered, but these letters serve as a formal request for these entities to retain any data or records that might be necessary for your case.

Block the User

In cases where defamation is occurring on social media platforms, it is also wise to block the user. Blocking them helps prevent further harmful interactions and may help limit the spread of the content – reducing ongoing and future harm to your reputation.

Contact a Defamation Law Firm

One of the most critical steps in dealing with defamation is to consult with an experienced defamation lawyer. Legal professionals can help you understand the best course of action to take based on your circumstances.

They can also help with evidence preservation, drafting cease and desist letters, or filing legal proceedings if necessary.

★★★★★

“Superb team. I was in a very horrible situation and they quickly and efficiently took charge and helped draft a cease and desist letter that I was able to use against a perpetrator trying to defame me. Many thanks to the Minc team for keeping me calm and making sure that I felt supported. They are the best in the business.”

Anonymous
February 17, 2024

At Minc Law, we have extensive experience assisting individuals and businesses who are the targets of defamation on social media and other online platforms. To explore your legal options to put an end to the lies, reach out for a free, no obligation case evaluation by calling us at (216) 373-7706, speaking with a Chat representative, or filling out our online contact form.