Defamation law varies across the United States; at its core, it protects individuals and businesses from making false statements while acknowledging the privileges bestowed on citizens by the First Amendment. In a defamation case, the defendant must be proven at fault, and the plaintiff must prove injury in order to collect damages.
There are two types of defamation under the law; libel, which is written, and slander, which is spoken. Although used interchangeably, the terms defamation lawyer and slander lawyer describe the same profession.
Who Is a Defamation Lawyer?
A defamation lawyer works to protect individuals and businesses from libel or slander. They collect the evidence necessary to put the best case forward to prove that defamation of character occurred and that the plaintiff’s injuries are legitimate. They also help prepare questions for the defendant’s legal team and take depositions from witnesses. They can even work with the defendant’s team to settle the case before it goes to trial, saving both parties in legal fees.
What Is DMCA?
The Digital Millennium Copyright Act (DMCA) is a subset of U.S. copyright law that relates to the takedown and removal of copyrighted content online. The DMCA includes a process for notifying websites and service providers of infringing content and processing its removal; this is known as a DMCA takedown. Although based on copyright law, content is not required to be copyright-infringing to be taken down.
How a Defamation Lawyer Can Help With a DMCA Takedown
A lawyer who works in internet defamation can help remove slanderous content from websites through a DMCA takedown. They can contact the relevant website or service provider hosting the content and initiate the takedown process. Virtually every website and service provider in the United States recognizes the DMCA takedown process; with help from a lawyer, you can have content removed within days.
However, it is important to keep in mind that sometimes it’s just not that simple. Since DMCA also protects service providers and other intermediaries from direct liability, there are instances where website hosts will not take down defamatory posts even with the DMCA laws in place. In addition, identifying and prosecuting the author of the anonymous post is extremely time sensitive as websites and internet service providers maintain the identity of the individual or entity that published the defamatory statement for a limited amount of time; usually less than one year. Ludwin Law Group has significant experience helping clients get defamatory internet posts removed and prosecuting those responsible. Call us immediately to arrange your free consultation at (561) 455-4455.
When to Contact an Internet Defamation Lawyer
You may need an internet defamation lawyer if:
- You’ve been accused of misconduct you did not engage in
Example: You’ve been sued by an ex-employee for sexual harassment. This could result in an expensive and public trial which would do severe damage to your business. This constitutes libel. - A false story about you was posted on social media
Example: A former acquaintance has posted a thread on Twitter claiming that you mismanaged funds for a non-profit, damaging your reputation to an audience of hundreds. This constitutes libel. - A coworker spread a lie about you that led to your termination
Example: A coworker tells another coworker that you stole from the breakroom. This creates a tense work environment that ultimately leads to you being fired. This constitutes slander.
In order to prove defamation, you will need to prove that the defamatory statement is indeed false, that the person who made it knew it was false, and that the statement has been communicated to a third party.
What Is a Defamation Case Worth?
Because the circumstances of one defamation case differ significantly from another, it’s not possible to calculate an average dollar amount. The damages in a defamation case are usually made up of income loss, medical bills, and emotional and physical suffering. Punitive damages can also be collected if the defamation was made with extremely malicious intent. To determine the potential value of your defamation case, you will need the counsel of a lawyer.
Why Choose Us?
At Ludwin Law Group, we offer services to address internet defamation and hold those responsible accountable. Ludwin Law Group has extensive experience helping clients who are the victim of online defamation. We have been successful in working with Internet Service Providers to uncover the identity and location of anonymous defamatory posts to assist with prosecution. We have been able to remove defamatory posts, fraudulent online profiles, and fake reviews from across the internet to help our clients restore their reputations. We have successfully litigated and prosecuted online defamation cases in which our clients have been significantly compensated. We also partner with an online reputation management company that can consult on the best way to restore you or your businesses reputation once the offending material has been removed.
We pride ourselves on a personalized approach that takes into account your unique situation. We will relentlessly seek to remove any defamatory post online or defend you from wrongful accusations of defamation. Ludwin Law Group will seek to recover the greatest amount of damages available under the law.
Our Services
We offer a wide range of services to individual and corporate clientele. These include:
Individuals
- Filing internet defamation lawsuits
- Identifying anonymous perpetrators
- Removing defamatory images and videos
- Removing defamatory social media content (TikTok, Twitter, LinkedIn)
- Removing mugshots and criminal records
- Removing content from gossip/shaming websites (TheDirty, ShesAHomewrecker, PredatorAlert)
Businesses
- Filing internet defamation lawsuits
- Identifying anonymous perpetrators
- Removing defamatory images and videos
- Removing defamatory social media content (TikTok, Twitter, LinkedIn)
- Removing content from consumer review and rating websites (Amazon, TripAdvisor, RateMds)
- Removing content from consumer complaint websites (RipoffReport, PissedConsumer, ComplaintsBoard)
- Removing fake employee reviews (Glassdoor, Indeed, Yelp)
- Identifying competitors spreading defamatory information
Let Us Help You
Left alone, online defamation can create psychological and emotional distress, as well as serious financial losses. By hiring a defamation lawyer, you can not only get rid of such content but eliminate the harm it has on your life.
It is important to act immediately if someone is defaming you or your business online. Contact us by phone at (561) 455-4455 or by sending us a message on our website.
Testimonials
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My case hinged on a minor detail in maritime law that most attorneys might have missed. Adam’s keen eye for detail and in-depth knowledge of maritime regulations made all the difference. His team was able to use this to our advantage and achieve a positive outcome.
Adam represented me and my case better than I could have hoped for. He demonstrated a profound understanding of my case, coupled with honesty, kindness and intelligence. During a vulnerable time, Adam’s sincere efforts and willingness to fight for me were invaluable. I cannot speak highly enough of Adam’s professionalism and commitment. He ensured I remained informed throughout the process.
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FAQs
What is defamation?
Defamation occurs when someone’s reputation suffers due to a false statement made by another individual. Such instances often escalate into legal disputes when the parties involved cannot agree on rectifying the harm caused by the falsehood or defamatory statement.
What are the different types of defamation?
There are two types of defamation: slander and libel. Slander is a false statement that is made verbally and harms a person’s good name. It is characterized as being spoken aloud, intangible in form, and exemplified through verbal media such as a speech or a broadcast. Libel, on the other hand, is a false statement that is written and harms a person’s reputation. It is characterized as being written, tangible and concrete, and exemplified through written media such as a magazine or an online blog.
What is cyber slander?
Similarly known as a form of internet defamation, cyber slander is a false statement made verbally by someone online that damages another person’s reputation. Because this statement is made over the internet, it is also considered internet slander. An example is an influencer making a false statement on their podcast, harming another person’s reputation in doing so.
How do you deal with internet slander?
If possible, it is ideal to resolve an issue of internet slander between both parties involved cordially and confidentially, whether this means taking down the harmful post and apologizing or exercising damage control among any public audience. If this is not possible, the act of defamation may need to be settled legally in which case the plaintiff should get a lawyer, gather sufficient evidence that supports their cause, and prove defamatory content in the court of law.
How do I prove defamation online?
To prove internet defamation, you must be able to provide evidence that the online statement is both false and harmful to your reputation as well as prove any emotional distress and/or financial loss the statement has caused. This is why it is crucial for any victim of internet defamation to identify the perpetrator, take screenshots, and save videos, text messages, emails, etc. These precautionary actions can only help them in the courtroom.
What qualifies as a defamation lawsuit?
Because defamation is tortious in nature, a defamatory statement needs to be proven as both falsely made and damaging to one’s reputation. A defamation lawsuit occurs when one person sues another for making a statement that meets these criteria for defamatory nature. This means the circumstance has not been resolved between either party and must be settled through defamation law.
What are the two exceptions to freedom of speech?
When it comes to defamation, the concept of free speech typically becomes obscure and difficult to follow. This is widely due to the First Amendment’s protection of any speech, being frequently misconstrued as the ability to say anything we want without facing consequences. However, there are two exceptions to these rights, and free speech becomes susceptible to lawful action if:
- it incites violence of any sort.
- it jeopardizes someone’s reputation and livelihood.
What is the difference between defamation and freedom of speech?
The main difference separating defamation from freedom of speech is the following constituents:
- falsity of a statement
- any damage to a person’s reputation, including but not limited to loss of job, loss of income, their welfare is jeopardized, and/or their good name is tarnished.
Is defamation a violation of free speech?
Defamation is technically a violation of free speech as the First Amendment does not protect against it, though defamation acts more so as a limit on free speech and should not be taken lightly. It is considered to be civilly tortious and unlawful because it violates a person’s intellectual property, makes false statements, and causes emotional and financial harm and suffering. This goes hand in hand with the principles of inciting violence and jeopardizing reputation.
Is it worth suing for defamation?
If any act of defamation, whether slander or libel, has caused severe emotional distress and/or amounted to any financial loss, it is worth suing for defamation. Consider, for instance, a scenario in which a false, defamatory comment leads to an exemplary employee losing their job. This directly translates to loss of income and reasonable damage to their psyche and emotional well-being. Not only did they lose their only source of income unfairly, but the situation has taken a negative toll on their welfare. Their suffering should be compensated, which is made possible by suing for defamation.
What is false speech?
Constitutionally, false speech accounts for any false statement of fact. Typically, these statements can potentially be considered defamatory because they are not protected by the First Amendment if they also cause damage to a person’s reputation. In this case, false speech is morally and legally wrong and should be avoided at all costs due to fraudulence and misguidance.
How do I hire a defamation lawyer in Florida?
Online resources such as FindLaw and Super Lawyers can help you find a defamation lawyer operating in Florida. When you have found a lawyer, you can contact them by phone, email, or online form.
How do I hire a lawyer for internet defamation?
At Ludwin Law Group, we have experience defending against online defamation. To schedule a free consultation, or for further information, call us at (561) 455-4455, or fill out our online inquiry form.
How do I take legal action against an anonymous website or user for internet defamation?
Working with an internet defamation lawyer, you can file a “John Doe” lawsuit against an anonymous party. From there, it may be possible to issue a subpoena to uncover the perpetrator’s identity
How do I report internet defamation on Instagram/TikTok/Twitter, etc.?
Most social media websites allow you to flag or report defamatory content. You should ensure that the content violates the website’s guidelines and rules before reporting it. If the content is still not removed, you can pursue legal action.