Court Orders, Takedown Requests, and Platform Policies: What Actually Works

You have options for handling online defamatory content. The best option depends on the specific facts of your case. Understand how each option works and how to maximize its effectiveness. Contact a seasoned content removal attorney for help.

There are different ways to handle defamatory information posted about you online. But not all of them work the same. Understanding the differences between obtaining court orders, submitting takedown requests, and invoking platform policies and procedures can help you decide which approach best addresses false articles, blog posts, and other content.

A knowledgeable internet defamation lawyer is a powerful ally. The right attorney can review your options and then develop a personalized legal strategy to implement them. Your lawyer can also explore the potential for monetary compensation.

If online defamatory content has harmed you, it’s time to act. Our attorneys are experienced with defamation law and how it applies to online content. We can schedule a free, confidential case review to explain your rights and how we can protect your best interests.

When a Court Order Can Help Remove or Otherwise Address Defamatory Online Content

To obtain a court order, you must first prove that the content in question is defamatory. However, even if a plaintiff establishes this, a court does not necessarily order the content taken down or rule in the plaintiff’s favor. Courts will consider numerous factors and may consider several alternative remedies.

For example, before removing online content, the court should consider First Amendment free speech protections. Less drastic measures than outright removal of the content may be more appropriate. Whether the plaintiff wants removal of the content, monetary damages, or something else, the court is more likely to get involved in these circumstances if:

• The remedy is legally available: Courts are less likely to issue novel, unusual, or disproportionate rulings. The remedy should be reasonable when considering the facts of the case and the publisher’s conduct.
• The remedy is specific and narrowly tailored: Courts in general do not prefer broad, overly restrictive, or vague rulings. Rather than order the content taken down entirely, it may be preferable to require the publisher to include a factual correction.
• Monetary damages can address the financial harm: If monetary damages can adequately compensate the victim for the harm that the defamatory content caused, then they may be the most suitable remedy.
• There are no or limited free speech implications: Courts are less likely to order the removal of something or to prohibit future republishing if doing either has negative First Amendment consequences.
• There are strong arguments for an injunction: An injunction, for instance one that would prevent the publisher from continuing to publish the content in question, typically requires more than showing that the statement is false. The plaintiff should be prepared to prove such matters as the nature of the harm involved (especially if it’s irreparable) and the likelihood of success on the underlying merits of the case.

How to Submit an Effective Takedown Request

Asking a website to take down defamatory material requires more than showing the content is false or negative. Before submitting a request, an individual or business that has been defamed should make note of the website URL and the date the information was found. It’s also advisable to save copies or screenshots of the content itself, comments to it, and other relevant information.

An effective takedown request will:

• Identify the content: This includes the URL, the date it was published, the author, and potentially other related details.
• Explain why the content is objectionable: The party requesting the takedown should specify which part of the content is defamatory, why, and provide supporting evidence.
• Clearly inform the publisher what you want: In other words, state the corrective action you desire. This may include a takedown request or something else like a retraction.
• Provide your contact information: Let the publisher know you are available to discuss the issue further, and give them your name, phone number, and email address.
• Remain calm and professional: Threatening legal action at this stage may backfire and cause the publisher to stop communicating with you, so be calm, respectful, and avoid dramatic or threatening language.
• Keep copies of your request: Document all communications with the website, especially your takedown request.
• Follow up: Consider following up with the website if it doesn’t act within a reasonable time.

What to Know About Website and Social Media Platform Policies and Procedures

Websites and social media platforms usually have detailed policies and procedures about prohibited content. These rules may prohibit website or social media users from posting defamatory, harassing, false, misleading, or otherwise objectionable material. In some cases, these policies may provide greater protections than defamation law.

Our social media defamation lawyers advise that you keep in mind the following when availing yourself of website and social media platform policies and procedures:

• Know the specific rule that prohibits the content: Simply informing the website or platform that something is objectionable is not a strong argument. Point to the specific rule that the content violates, and be ready to explain why.
• Know the reporting procedures: Sites and platforms generally have procedures for reporting objectionable content. Follow the steps provided, have evidence to support your claim, and don’t be overly broad with your request. For example, asking the site to ban a particular user may be excessive.
• Know how to dispute or appeal a decision: If your request for content removal is denied, this is not necessarily the last word. Websites and social media platforms typically provide some form of dispute or appeal process, and you should use it.
• Understand Section 230 of the Communications Decency Act: This section of federal law generally protects online platforms from being treated as the publisher of content that their users create. This will inform your legal options as you decide your next steps.

FAQs: Reviewing Your Options for Addressing Defamatory Online Content

How will my lawyer determine the best strategy for my situation?

Among the available options–court orders, takedown requests, and platform policies–your attorney will have to consider unique factors like whether the content is defamatory, the publisher’s rights and relationship to the content, the desired outcome of your case, and whether a demand letter or something other than a lawsuit is best.

Can I seek monetary damages in addition to removal of the content?

Yes, a plaintiff can ask for both. Monetary damages generally compensate individuals and businesses for legally recognized harm caused by the defamatory content. Meanwhile, removal of the content can help prevent further reputational and financial harm.

Will a court order the removal of defamatory content if the website or social media platform refuses to take it down?

Possibly, but defamatory content alone does not automatically entitle a person or business to successfully demand its removal. Courts will consider First Amendment free speech protections and less drastic alternatives such as monetary damages. Talk to an internet defamation lawyer about your options.