Cease-and-Desist Letters for Online Libel: Do They Work?

Falsehoods published about you or your business can inflict significant reputational harm. When learning about online libel for the first time, many people believe the solution is to have an attorney issue a cease-and-desist letter. While that may work well in some situations, cease- and-desist letters are not always effective at stopping the spread of libelous content. 

When—and how—you send a cease- and-desist letter matters. Below, we discuss everything you need to know about cease-and-desist letters.

What is a Cease-and-Desist Letter? 

A cease-and-desist letter is a formal demand letter sent by an attorney to an individual or company directing them to stop engaging in a specified behavior. In the context of online libel, cease-and-desist letters may demand the recipient to:

• Remove libelous material from websites or social media platforms
• Retract false allegations 
• Stop further publications of defamatory content 
• Preserve evidence related to the publications 
• Not republish the same information elsewhere 

Remember, a cease-and-desist letter is just a letter. It is not a court order. Instead, it demands the recipient stop illegal behavior and warns them legal action may result if they do not comply.

What is Online Libel? 

Online libel is false written content posted on the internet that harms the reputation of an individual or business. Online defamation can include many forms of online media, such as:

• Social media posts (i.e., X, Facebook, or Twitter)
• Google and Yelp reviews 
• Blog articles 
• Online news stories 
• Reddit posts 
• Consumer complaint websites 
• Industry forums 
• Emails 

If someone posts a negative opinion about your business that is unfair but truthful, it is not libelous. Similarly, simply stating facts about someone, even if they are potentially damaging, is not defamation. Defamation lawsuits typically hinge on false statements of fact.

Can a Cease-and-Desist Letter Work? 

Cease-and-desist letters work well when the publisher did not realize the potential legal ramifications of their statements. For example: 

• They repeated a rumor they believed might be true
• Published false allegations during the heat of an argument
• Did not fact-check before posting information they assumed was accurate
• Left a negative review that contains false or misleading details

Once the publisher receives a cease-and-desist letter from an attorney, they may quickly remove the content rather than risk a lawsuit. Many times, both parties are able to move on from the dispute quickly.

When is a Cease-and-Desist Letter Less Likely to Work?

Not everyone will respond calmly or rationally to a formal cease-and-desist letter. Some people post libelous content to provoke a reaction or air grievances. Dishonest publishers may feel emboldened because they posted the content online “ anonymously.” In other situations, the person who published libel may:

• Have a history of online harassment 
• Be your competitor involved in a smear campaign
• Seek revenge against you for personal reasons 
• Continue to repeat the false allegations after being confronted

When you are dealing with these types of opponents, it may be necessary to go beyond a cease-and-desist letter to stop the defamation.

Why You Shouldn’t Use a Cease-and-Desist Letter Template

You can find countless examples of pre-written cease-and-desist letters online. While it might seem easy to send a form letter to the publisher, these templates can do more harm than good.

These types of letters can: 

• Incorrectly state the law 
• Demand legal remedies that aren’t available 
• Include legal accusations that don’t match the facts
• Sound excessively aggressive 
• Fail to preserve important legal claims 
• Require additional information or become void if sent to the incorrect jurisdiction

Ineffective cease-and-desist letters often simply get thrown away. In some cases, they can even encourage the publisher to double down on their statements.

Should You Send a Cease-and-Desist Letter? Talk to Our Internet Defamation Attorneys

Every online defamation situation is different and requires a customized legal strategy. An experienced defamation attorney will craft a cease-and-desist letter designed to get you the best possible outcome. A well-drafted letter may: 

• Pinpoint the defamatory content 
• Explain to the publisher why the statements are false
• Describe how the false allegations have damaged your reputation
• Demand removal or correction of the offending material
• Demand preservation of evidence 
• Request a response by a certain date 
• Outline the legal consequences if the person continues their behavior

Attorneys know what language has proven successful in the past. Additionally, cease- and-desist letters sent by an attorney tend to carry more weight with the publisher.

Cease-and-Desist Letter Risks 

There are some risks associated with sending a cease-and-desist letter. In some cases, drawing attention to the libelous material can actually cause more people to see it. This phenomenon is sometimes referred to as the Streisand Effect.

Publishers who receive a cease-and-desist letter might: 

• Make the letter public 
• Publish more defamatory statements 
• Try to claim victim status 
• Delete useful evidence 

For these reasons, many defamation lawyers will first talk to their clients about the risks and benefits of sending a cease-and-desist letter. If you and your attorney decide to send a cease-and-desist letter, it’s important to act quickly, but not necessarily immediately. 

Should You Send a Cease-and-Desist Letter Immediately? 

Waiting too long to address online defamation can allow the false statements to spread across the internet. Posting quickly can help ensure you stop the false statements from spreading to other websites and minimize the damage to your reputation. Time can also be important because you may need to send a cease-and-desist letter to preserve your legal claims.

Get Help With Your Online Libel Problem 

Do you need help sending a cease-and-desist letter? Contact Nesenoff & Miltenberg to speak with an internet defamation attorney about your online defamation problem. We offer free consultations and represent clients all over the country.

Online defamation law is complicated, and there is no “one-size-fits-all” solution to every problem. Cease-and-desist letters can help resolve some online defamation issues. However, sending a cease-and-desist letter to the wrong person or too late can cost you valuable time and legal rights.

Frequently Asked Questions 

Will a cease-and-desist letter be enforced by the court?

No. A cease-and-desist letter is not a court order, but merely a written legal demand that the recipient stop allegedly illegal activity. Cease-and-desist letters are commonly used as a first step to resolve a dispute prior to filing a lawsuit.

Do I need to hire an attorney to send a cease-and-desist letter?

While there is no law that says you have to hire an attorney to send such letters, attorney-drafted cease-and-desist letters will typically be more effective. Attorneys will craft a letter that is specifically tailored to the facts of your situation, state the correct law, and not make irrelevant legal errors.

Does sending a cease-and-desist letter ensure that defamatory material will be taken down?

No. Some publishers will take down a false statement when they receive the letter; others will not. If sending a cease-and-desist letter does not get the material taken down, you may have other legal recourse.

Can I send a cease-and-desist letter anonymously?

Typically no. Most letters will identify the individual or business making a legal demand. That being said, there could be strategic reasons to withhold certain information, and every situation should be analyzed differently.

When do I need to speak to an internet defamation attorney?

Immediately upon learning about the existence of potentially defamatory material on the Internet. One of the first things an attorney can do is help you preserve evidence, evaluate your claims, and decide if sending a cease and desist letter or using another legal tactic is in your best interest.