by Traverse Legal, reviewed by Enrico Schaefer - June 21, 2011 - l. Stopping Internet Defamation of Character
Defamation of character update:
"Sue for defamation of character" is a common request by clients seeking representation for false and defamatory Internet content, a post, a comment or web site. But filing a defamation or libel lawsuit is more often the last step, rather than the first. Anit-SLAPP laws provide for attorney fees against the Plaintiff if the defamation of character claim does not meet minimum requirements. The Internet can turn against you quickly multiplying one defamatory statement into dozens of publications. Suing for defamation of character is something you may HAVE to do. But solving the problem without a lawsuit is almost always preferable.
An experienced Defamation / Libel attorney knows that the first step is to assess the claims, get the facts and provide advice to the client on how to proceed. "Can I sue for defamation of character?" is the first question you should ask your lawyer. The second step is often a request to the web site host, author of the libelous statement or web site owner, to remove the content. Often times, the web site Terms of Service (TOS) prohibit defamatory statements and the operator of the site will be willing to remove the content upon proposer request, complete with documentation establishing that the statements are false or that the author is not who they say they are.
Before suing for defamation of character, make sure you and your lawyer fully understand the facts and the law. Don't let emotions get the best of you. Make an informed business decision based on solid legal advice.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
