Anonymous Online Defamation: How Attorneys Unmask the Person Behind the Account

It’s possible to sue someone who has defamed you online, even if they have done so anonymously. A lawyer can assist with the process by filing a lawsuit and using discovery to uncover the person’s identity. Learn more about pursuing an online defamation case by speaking with a knowledgeable internet libel and slander attorney. 

Some people believe they can defame others anonymously and get away with it. However, anonymity is never as ironclad as many assume. Attorneys have various tools they can use to determine the true identity of these individuals and then hold them accountable.

You may have been the victim of defamation online, at the hands of someone you don’t even know. The good news is that you can take legal action against the person, even if they remain anonymous.

It starts with retaining our dedicated internet defamation attorneys. We can review the facts of your case and explain how we can identify an anonymous online defamer. Then we can get to work seeking compensation for the reputational harm and other losses you have experienced.

How Can Attorneys Identify Anonymous Online Defendants?

The exact approach will vary based on the website or platform on which the defamation occurred, the information readily available, and the facts surrounding the defamation. But lawyers representing victims of defamation usually start with informal steps and publicly available information.

An attorney often begins their investigation by reading the defamatory content and determining what information can be quickly found about the anonymous person. This can include:

• Name or username: Anonymous online posters and commenters often use the same or similar names across multiple platforms. This can provide important clues to their real identity. For example, a person may use a sports team’s name in their username.
• Date and time of the post or comment: This information may also help lawyers identify the anonymous individual, especially when cross-referenced with other details.
• Other comments and posts: Sometimes it’s helpful to see what else the anonymous person says online. They may inadvertently reveal a key piece of information about their identity.
• Pictures and videos: Anonymous individuals are not always careful with what they upload. The profile picture on their account can help an internet libel attorney identify the person.
• Linked websites and profiles: Some anonymous posters link to third-party websites or other profiles, which can provide additional clues. For example, it may reveal which city the person lives in.
• Writing style and patterns: Everyone has a unique writing style, and they typically don’t escape it even when posting anonymously. This and certain other patterns, such as when the person posts or comments, could serve as circumstantial evidence of their identity.

Armed with the above information, the lawyer can develop a profile of the anonymous person. Then the investigation can advance to the next stage. This is where discovery tools become an option.

What Are Some Legal Tools That Lawyers Have?

Once a lawsuit is filed, several discovery tools become available. Discovery is the process of requesting and exchanging documents and information relevant to the case. These tools are valuable because they can uncover non-public information that can identify the anonymous defamer.

If the victim has a reasonable case for defamation, their lawyer will file a lawsuit even if the defamer is not yet identified. Filing a lawsuit opens the door to discovery. Depending on the facts of your case, your internet defamation lawyer may use such tools as:

• Subpoenas: A subpoena can compel a social media company, website owner, or other party to turn over valuable details, such as an anonymous person’s IP address and email address.
• Requests for production: This is a request to a party with knowledge of the anonymous person’s identity to produce relevant documents and electronically stored information.
• Depositions: Depositions can establish additional details or corroborate other important information regarding the true identity of the anonymous person.

What Happens Once the Anonymous Person is Identified?

Once your lawyer learns the identity of the anonymous defamer, it’s time to move the case forward. This includes using additional discovery tools to corroborate the person’s identity. It also requires proving the elements of the defamation case and proceeding with the litigation.

Sometimes lawyers will bring in additional discovery tools to obtain more information from the individual. This may be necessary to confirm the person’s identity and to limit their ability to deny having posted the defamatory content.

After the identity is confirmed, the complaint can be amended to state the person’s real name and then served on that person to satisfy civil procedure rules. Next, it’s time to prove that the person engaged in defamation. Determining the anonymous person’s identity is just a first step; the plaintiff has to actually prove the elements of a defamation case.

It may be possible to negotiate a settlement with the individual. But if not, litigation will proceed to trial. Additional discovery may be necessary along the way, as well as motions and hearings. Your damages will also need to be calculated.

FAQs: Pursuing a Defamation Case Against Anonymous Persons

Can you sue an anonymous person for defamation?

Yes. Just because a person defames someone else anonymously does not mean they can evade responsibility for their actions. Even if you don’t yet know who the person is, your lawyer can name them in the complaint as “John Doe.” Then your lawyer can use various tools to identify the person and hold them accountable.

What clues can point to a person’s identity?

There are various bits of information that can point to the true identity of an anonymous person who has defamed you. Some of these are readily and publicly available while others require a lawsuit, discovery, and possibly a court order. Examples include the person’s username, content (such as photos) they’ve uploaded, IP address, email address, linked profiles, and other posts and comments they’ve made.

What if the person deletes the content?

Anonymous individuals often do this to try to erase evidence, but it doesn’t mean they can avoid liability. If they engaged in defamation and it caused you reputational harm and other losses, they can be sued. Screenshots, archived data, copies of the post or comment, and other evidence can prove what they said before deleting it.

Take Action Now to Defend Your Reputation Against Online Defamation

The internet has unfortunately emboldened people to libel and slander others from behind a screen. But with advanced technology and traditional legal tools, it’s increasingly difficult to defame others and get away with it. If you’ve been the target of anonymous defamation, it’s time to take action. Talk to the internet defamation attorneys of Nesenoff & Miltenberg to get started.