Can You Be Sued for a Social Media Post or Comment?

Not everything posted or commented on social media gives rise to legal action. But putting false statements on social media can lead to a defamation lawsuit. If such statements have hurt your personal, professional, or business reputation, talk to a skilled social media defamation attorney.

An individual can be sued for social media posts or comments if the content is defamatory. However, this doesn’t mean that everything someone finds objectionable automatically gives rise to a lawsuit. Understanding the definition of defamation is critical to protecting your rights and interests.

If someone has said something defamatory about you on social media, it’s important to know your rights. It starts with understanding the situations in which a person can be sued for what they post or share online.

This is where having experienced legal representation will make a difference. If you’re concerned that something posted online about you is defamatory, we can help. Our social media defamation lawyers can review your situation and advise you accordingly.

When Can Someone Be Sued for a Social Media Post or Comment?

A statement on social media must be false and cause reputational harm for someone to prevail in a defamation claim. Simply being offended or not liking what someone has posted is not enough. The post or comment must meet the legal definition of defamation.

Defamation means, generally, that a statement is false and causes harm to the reputation of a person, business, or organization. In order to prevail in a lawsuit over a social media post or comment, the plaintiff would need to prove at least the following elements:

• The statement is false: Meaning, more specifically, it is a false statement of fact. If the statement is in fact true, then this is a defense to a defamation lawsuit.
• The statement is presented as fact rather than an opinion: A person is allowed to express a negative opinion or even an insult about someone on social media. The question is whether readers would understand the statement as a factual assertion.
• A third party saw the statement: Described another way, the statement has to be published. This could include a public social media post or comment that third parties (meaning not the person committing defamation or the victim of it) see.
• The statement causes reputational harm: If it harms someone’s reputation, the victim can pursue legal action to seek monetary damages. These damages will vary from one case and jurisdiction to another.
• No privilege or other legal defense applies: Even a statement that harms someone’s reputation may be protected if a privilege or other defense applies. However, these are limited and narrowly defined situations.

What Types of Social Media Content Can Be Defamatory?

Social media posts and comments that make false statements of fact that harm a person’s reputation can be considered defamatory. These can occur on any number of social media platforms, including Facebook, TikTok, Instagram, X, and Reddit.

Courts that consider defamation issues have to take into account the context of the statement, its wording and language, whether exaggeration was used, and other factors. It helps to consider a few potential examples of defamatory social media content:

• Falsely accusing someone of a crime: Stating that an employee committed a crime, such as embezzling money from their employer, can lead to consequences, including the employee losing their job.
• False claims of professional misconduct: Accusing a professional, such as an attorney, accountant, or financial adviser, of unethical conduct can cause reputational harm.
• Falsely saying someone has a disease: For example, stating that an individual has a sexually transmitted infection when in fact they do not.
• False statements about employment: Someone might claim that an individual was fired for fraudulent or criminal activity, making it harder for them to find another job.
• False statements about a business: These may include accusations of unethical conduct or outright illegal behavior.

What Defenses Can Someone Raise Against Claims of Social Media Defamation?

While a plaintiff can sue for defamation in cases like those above, the defendant may be able to raise several defenses. Knowing these can help you anticipate what the defendant in your case may argue:

• Truth: A statement has to be false in order to be defamatory. If the defendant can prove the statement is true, this will defeat the lawsuit.
• Opinion: Genuine opinions do not qualify as defamatory. However, simply calling what is otherwise a factual assertion an “opinion” is not sufficient.
• Lack of fault: The defendant must act with a certain level of fault, depending on the circumstances and jurisdiction. In a typical case involving purely private parties, this means at least negligence.
• Privilege: Certain statements are protected by an absolute or qualified privilege. Ask a knowledgeable social media libel lawyer if this applies to your case.
• Lack of publication: If the statement was not published, meaning it was not communicated to a third party, it probably will not qualify as defamatory.
• Lack of reputational harm: Similarly, the statement must actually harm the victim’s reputation. This can be a difficult element to prove.

FAQs: Social Media Content and Defamation

Is there a deadline to file a defamation lawsuit?

Yes, it’s known as the statute of limitations. The actual statute of limitations varies from state to state. In New Jersey and New York, for example, a one-year statute of limitations applies. This generally means the plaintiff must file a lawsuit no later than one year after the allegedly defamatory social media post or comment was made.

However, issues involving publication or republication may complicate this. It’s best to speak with an attorney right away if someone has defamed you on social media. If you file too late for the applicable statute of limitations, the court will dismiss your lawsuit.

Can someone be sued for sharing or reposting another person’s defamatory statement?

Possibly, depending on what the person shares or reposts and the circumstances surrounding their actions. Adding your own defamatory content can create liability. But criticizing or correcting the original defamatory content may be treated differently. The wording, context, and other factors are relevant considerations.

What happens if an anonymous person posts or comments something defamatory?

The anonymous person could still face liability, but identifying them could be challenging. A lawsuit could be filed identifying the defendant as a John Doe, and subsequent discovery proceedings (e.g., subpoenas) may uncover the person’s identity. Talk to our internet defamation attorneys to learn more.

We’re Ready to Help With Your Social Media Defamation Case

Did someone post something defamatory about you, your business, or your organization on a social media platform? Let the social media defamation lawyers at Nesenoff & Miltenberg review it and advise you on the best next steps. Reach out to us today to learn more.