How Can Internet Defamation Attorneys Help Remove False Content?

Online defamation can spread rapidly and live forever. A negative social media post, fake review, blog article, or forum comment can show up in search results for years after it was first published, harming you, your business, or your career long after the original incident occurred.

Some people believe that false content will simply disappear if it’s reported. Unfortunately, that’s not always the case. Websites, platforms, and search engines all have their own rules, and many won’t remove material without a court order.

An internet defamation attorney knows what can and can’t be done about false statements online. From having content removed to subpoena power to hold big tech accountable, your lawyer will know what legal and practical steps should be taken to help with your situation.

Can Defamation Really Be Removed From The Internet?

Yes…well, sort of. Sometimes content can be removed. But several factors determine if and how online defamation can be resolved.

Whether false content can be removed depends on:

• Where it was published 
• The type of statements that were made 
• If the statements meet the legal definition of defamation
• The policies of the website or platform 
• If the publisher is anonymous 
• The law that applies to the dispute 

Some situations can be handled with a simple request to the website. Other situations require demand letters, subpoenas, court orders, or lawsuits.

An internet defamation attorney will be able to evaluate your situation and recommend the course of action with the highest probability of success.

What is Considered Online Defamation? 

Not everything that’s posted about you online is defamation. Defamation is a legal term that involves false statements of fact that are communicated to a third party and harm an individual or business’s reputation. Opinion, rhetorical hyperbole, and true statements are not defamation even if they hurt your feelings.

Examples of possible defamation include false statements like:

• Reporting that a business owner has been arrested for criminal conduct
• Allegations of professional misconduct, such as fraud or malpractice
• Statements that someone was fired for sexual harassment
• Publishing rumors about an individual for the purposes of discouraging others

Every situation is different and must be factually analyzed to determine if a statement is considered defamation.

How Do Internet Defamation Lawyers Evaluate Cases? 

Attorneys will start evaluating your case by reviewing the content you believe is defamatory.

A lawyer will go through and: 

• Identify every false statement 
• Determine if the statements are opinion or fact
• Review evidence 
• Evaluate damages 
• Identify the publisher 
• Determine if others may be responsible 

Once this analysis is complete, your attorney can determine how to most effectively move forward and limit your legal expenses.

Preserving Online Evidence 

Please note: Content posted online can be removed or edited overnight.

It’s common for publishers to delete posts or edit comments once they receive a complaint or learn you are consulting with a lawyer about legal action.

That said, attorneys can file preservation requests and advise you how to document:

• Screenshots 
• URL links 
• Dates of publication 
• Usernames/accounts 
• Comments/replies 
• Google search results 
• Archive.org downloads 
• Metadata when available 

Preserving evidence can become critical later if you decide to file a lawsuit.

Communicating Your Legal Rights to Websites and Platforms

Websites and online platforms typically have procedures for handling claims involving defamation and violations of their policies.

Your attorney can craft requests to online platforms that explain:

• Why the statements are false 
• How the content violates the website’s policies 
• Include supporting documentation 
• Highlight legal issues when appropriate 

Websites and platforms aren’t required to take down content because you say it’s false. However, professionally written requests tend to receive more attention than emails or contact forms submitted by you.

Sending Demand Letters 

Often disputes can be resolved by sending a demand letter to the person who posted the defamatory content. Your lawyer may ask the publisher to: 

• Remove the content 
• Correct inaccurate content 
• Retract false statements 
• Cease making further defamatory statements 
• Preserve documents and evidence 

Demand letters should be customized to the specific facts of your case. Pre-written legal templates from the internet may not address your particular legal issues.

Filing a Defamation Lawsuit 

Not every situation requires filing a lawsuit. Lawsuits take time and money. But in cases where serious damage has occurred, legal action might be necessary.

Legal claims could include monetary damages, injunctive relief, or requests for retractions. The availability of these remedies will depend on your individual case.

Speak with a lawyer about your rights. They will be able to explain your options.

Dealing With Online Reputation Issues For Businesses 

Online reputation matters for businesses of all sizes. Negative or false online reviews can deter customers and vendors, impact advertising revenue, and cause harm to search engine rankings.

Business owners turn to internet defamation lawyers to help with issues like:

• False Google reviews 
• Fake Yelp reviews 
• Consumer complaint websites 
• Business competitors spreading lies 
• False accusations about a business on social media
• Negative blog posts 
• Attack website dedicated to disparaging your business 

If you run a business, you know your reputation is everything. Help protect yours by contacting an attorney who can help.

Dealing With Online Attacks Against Individuals 

Online defamation doesn’t just affect businesses. Attacks against your character can harm your career, education, and professional opportunities.

Doctors, lawyers, business executives, nonprofit leaders, public figures, and private citizens can all be victims of online defamation. Comments made online can impact: 

• Job opportunities 
• Professional certifications and licenses 
• College applications 
• Business relationships 
• Personal relationships 
• Invitations to speak 
• Standing in your community 

If you have been defamed online, a skilled defamation attorney can help you understand your legal rights. They can also work with you on long-term solutions for reputation management.

Ready To Do Something About Online Defamation? 

Handling online defamation isn’t always straightforward. Each situation presents its own unique facts and challenges.

Knowing when and how to send take-down requests, issue subpoenas, negotiate with opposing counsel, and file lawsuits takes experience. Your attorney will need to know what can and can’t be done about false reviews, articles, blog posts, videos, and comments posted about you online.

Contact the online defamation attorneys at Nesenoff & Miltenberg to learn how we can help you. Our lawyers have been handling online reputation management cases and defamation lawsuits for years. Whether you need help removing content from social media sites, blogs, forums, or reviewing websites like Yelp and Google, we can help.

Don’t let false statements harm your reputation any longer than they have to. Contact us today to discuss your legal options.

Internet Defamation FAQs

Do attorneys guarantee content will be removed?

No. Each situation is fact-specific, and removal is dependent on the law that applies, the website or platform involved, the specific facts, and available legal remedies. An attorney can advise on what the best options are based on the circumstances at hand.

What happens if the person who wrote/said the lies is anonymous?

Anonymous publishers may be identifiable through legal processes depending on the situation and what information you can obtain from the website/platform or service provider.

Does sending a demand letter fix everything?

Sending a demand letter can help. Some situations can be remedied with a letter, while others require additional legal steps, negotiations, and/or litigation.

Can businesses sue over negative reviews online?

Yes, possibly. Negative reviews that include false statements of fact that harm a business’ good name may have available legal remedies depending on the specific facts at issue and the law that would apply.

When should I speak to an internet defamation lawyer?

Immediately. The sooner you speak with an attorney, the better. It’s important to seek legal advice early so you can preserve evidence, know your rights, and have a plan of action before misinformation continues to spread.