The Legal Process for Removing False Articles and Blog Posts

Defamation consists of more than false or distasteful information and opinions. If an article or blog post contains defamatory information, sending a demand letter may get the content removed. But if that doesn’t work, a lawsuit could provide other legal remedies and allow you to recover damages. A skilled content removal attorney can assist you in this process.

Defamatory information posted about you online can harm your personal and professional reputation. The good news is that you may be able to take steps that can ultimately result in the material being removed. However, the process is more involved than simply requesting the website or publisher to take the article or blog down.

Retaining experienced defamation legal counsel can help protect your interests and safeguard the reputation that you’ve spent a lifetime building. That’s where the attorneys of Nesenoff & Miltenberg are ready to assist.

If someone has published defamatory content about you, don’t delay. The more people who see the material, the more likely it is that your reputation will continue to suffer. Our internet defamation attorneys are here to guide you.

How to Determine Whether an Article or Blog Post is Defamatory

Content is not necessarily defamatory just because it’s negative, or even because it’s false. The content must meet the legal definition of defamation before the target of that information (the subject of the content, or plaintiff) can bring a legal case to remove it. These are the general elements that the plaintiff must prove:

• The statement is false: The statement about a business or individual must be untrue. Conversely, truth is an absolute defense to a defamation allegation.
• The statement must be one of fact, not mere opinion: Opinions are protected. For example, saying that a restaurant’s pizza doesn’t taste good is an opinion. To qualify as defamatory, the statement must be one a reasonable reader would understand as asserting an actual fact that may be proven true or false. Saying the pizza actually contains a harmful substance would be a statement of fact.
• The statement must be about the plaintiff: The plaintiff in a lawsuit must be the person or business the statement concerns.
• The statement must be published to a third party: Posting online meets this requirement because individuals other than the plaintiff or publisher can easily see it.
• The requisite level of fault must be met: Negligence is typically the level of fault for a private plaintiff. If the plaintiff is a public figure, the plaintiff may need to prove actual malice. This means the publisher knew the statement was false or acted with reckless disregard as to its truth.
• The statement must cause harm or qualify as defamation per se: “Harm” often includes economic and financial damages. Defamation per se covers certain statements, like those accusing someone of a crime, in which damages are presumed.
• A privilege does not apply: The statement must not be protected by a legal privilege. For example, if an article fairly and accurately reports that a complaint alleges something, the publisher may have the privilege to repeat the allegation.

How to Demand the Removal or Correction of False Content

Uncovering defamatory information about yourself or your business can be distressing. Although you may wish to file a lawsuit right away, this may not be the wisest choice. In fact, directly asking the publisher to remove or correct the information may be the quickest resolution.

An internet defamation attorney can send the publisher a demand letter. This explains and proves why the content is defamatory, then demands specific corrective action. Depending on the facts of your case, the letter may ask the publisher to:

• Completely remove the article or blog post
• Correct or retract specific details in the article or post
• Update the article or post
• Stop republishing or repeating certain statements
• Preserve relevant records and information about the article or post and how it was written

The letter should explain exactly why the content is defamatory. However, simply demanding corrective action does not guarantee the publisher will comply. This is where legal action may become necessary.

Filing a Lawsuit to Seek Removal and Other Remedies

If the publisher refuses to remove or otherwise act on the article or blog post, the victim of the defamatory content may need to file a lawsuit. The purpose of this is to seek specific legal remedies, which may include:

• Compensatory damages: This is compensation for legally recognized financial and economic harms, such as causing a business to lose customers over defamatory statements.
• Presumed damages: If the statement qualifies as defamation per se, damages may be presumed.
• Punitive damages: In certain cases, you can seek damages to punish the publisher and deter future incidents.
• Injunctive relief: In limited circumstances, this may involve a court order that requires someone to remove or stop republishing the defamatory content.

FAQs: Removing Online Defamatory Content 

Can I force a website to remove a false article or blog post?

Not necessarily, because being false itself is not enough to qualify as defamatory. You must also meet the other elements. Also, the court will consider First Amendment free speech protections and other remedies besides removing the content. Whether removal is an option will depend on the unique facts of the case.

How long do I have to file a lawsuit?

This depends on which state law applies, specifically which statute of limitations. In New York, for example, you generally have one year from publication of the defamatory content to file a lawsuit. Massachusetts typically allows three years. These deadlines can vary, and determining when the limitations period begins can be challenging. However, if you file too late, the court will dismiss your lawsuit. So speak with an attorney early.

If the article or blog post doesn’t name me, can I still sue?

Potentially yes. Not specifically naming an individual does not necessarily shield the publisher from defamation allegations. The key question is whether readers can reasonably infer that the statement is about you based on the details in the article or blog post.

Consult Our Content Removal Attorneys to Learn More

If online articles and blog posts are damaging your reputation, it’s time to learn more about your rights and options. Start by reaching out to a knowledgeable attorney who can explain how the law applies to your situation. Schedule a free consultation with Nesenoff & Miltenberg today.