What Should You Do Immediately After You’re Defamed Online?

A false statement can spread across the internet in minutes and remain online (or in Google search results) for years. Online defamation can occur in Google reviews, social media posts, news articles, blogs, Reddit threads, or anonymous online forums. Internet defamation can ruin your reputation, career, business, and relationships overnight.

You might be tempted to hit reply and fire back or threaten legal action in the comments. That’s a natural instinct, but doing so can sometimes harm your case or make the situation worse.

If you believe someone has posted defamatory statements about you online, it’s important to act quickly — and knowledgeably. Here are the first steps you should take after discovering online defamation.

Step 1: Avoid Making an Emotional Response 

The hours after discovering offensive material will likely be your most emotional. However, try to take a deep breath before you start arguing with the person who posted it, saying something you’ll regret later, or asking friends to chime in.

Keep in mind that anything you post online can be used against you later. It may also drive more visitors to the defamatory content through social media platforms and search engines.

Step 2: Preserve Evidence 

Some people assume that harmful online posts will always stay online. However, many posts are taken down or edited as soon as the publisher realizes you may take legal action.

Preserve evidence of the online defamation before you report it to anyone or contact the publisher. Preserve evidence by saving the following: 

• Screenshots of the entire webpage or post (including headers)
• The URL 
• The date and time you viewed the content
• The publisher’s username and profile information 
• Any comments, shares, likes, reactions, etc. 
• Messages relating to the content’s publication 

If you find the statements on multiple websites, preserve evidence of each publication.

Step 3: Note: Not Everything is Defamation 

Just because someone posts an inaccurate or negative review about you, your business, or your professional practice doesn’t necessarily make it defamation. Defamation involves false statements of fact that cause harm to your reputation by being published to others. The specifics can vary from state to state and based on the facts.

Statements that are opinions, true, or do not cause harm to your reputation are typically not defamatory.

Statements that may be defamatory include: 

• “This doctor falsified patient records.” 
• “This business steals from customers.” 
• “This executive was arrested for committing fraud.” 

Statements that typically aren’t defamatory: 

• “I think this restaurant is the worst!” 
• “In my opinion, the service was terrible.” 
• “I would never hire this contractor again.” 

Keep in mind that many online reviews contain statements of both opinion and fact. Whether a specific statement is defamatory depends on the context and how an average reader may interpret it.

Step 4: Figure Out Where It’s Posted 

Where the content is posted can play a major role in how to handle online defamation. Users can publish false statements about you on social media platforms like Facebook and Instagram. Blogs, forums, consumer websites, and online news outlets are other common places you might find defamation.

The process for reporting online defamation will vary from site to site. Some websites may take quick action to remove the material when asked. Others may require a court order or demand letter from your attorney.

Step 5: Don’t Contact the Publisher Without Getting Legal Guidance First

Many people are tempted to immediately send a threatening message to the individual who posted about you. However, doing so can backfire if that individual: 

• Deletes traceable evidence 
• Posts more harmful statements 
• Attempts to portray themselves as the victim 
• Warns co-conspirators before you have a chance to take legal action

Speak with an internet defamation attorney before contacting the person who published false information about you online.

Step 6: Consider the Harm Caused 

Some statements may cause irreparable harm to your reputation, while others may have minimal effects. Consider the following: 

• Have you lost customers or clients? 
• Have you lost job opportunities? 
• Are current clients questioning your professionalism? 
• Have friends, family members, or colleagues seen the posts?
• Are the statements showing up in Google search results?

Documents of lost business, contracts, clients, or employment can be extremely valuable if you decide to file a lawsuit.

Step 7: Report the Defamation (If Appropriate) 

Many websites allow users to report posts that violate terms of service. If the content violates the website’s policies, you may be able to submit a request for removal via the website’s reporting features.

Keep in mind that websites aren’t required to remove content unless it violates their terms. Not every false statement you find will be against the website’s policies. Some websites may refuse to remove content until presented with a court order.

Step 8: Is the Publisher Anonymous? 

Anonymous online reviews and social media posts are becoming more common. Some of the most common sources of anonymous defamation include:

• Fake social media profiles 
• Anonymous review accounts 
• Temporary email accounts 
• Internet forums 
• Burner phone numbers 

Determining who is behind an anonymous online profile can be challenging. However, there are legal strategies to identify anonymous publishers by using subpoenas and other court-approved discovery methods.

Step 9: Keep Looking for Additional Posts 

In some cases, online defamation can be isolated to one post or comment. But what if someone else commented on the original post? Or what if the statement shows up in Google searches?

You may want to monitor: 

• Google searches for your name 
• Social media platforms 
• News websites 
• Internet forums 
• Review websites 
• Business directories 

Step 10: Talk to an Internet Defamation Attorney ASAP 

Time can be of the essence. Depending on the circumstances, an internet defamation attorney may help you:

• Determine if the statements are defamatory 
• Preserve evidence 
• Evaluate damages 
• Understand your legal remedies 
• Request content removal 
• File a lawsuit 
• Help you develop a plan to manage your online reputation moving forward

Don’t respond to the defamation online. Take screenshots of the content and reach out to an experienced attorney immediately.

Talk to a Defamation Lawyer Today 

Handling online defamation can be extremely frustrating. Don’t lose your temper. Let’s talk about how we can help instead.

At Nesenoff & Miltenberg, we’ve helped clients protect their reputations from online defamation for decades. Whether you need to file a defamation lawsuit or contact a website to request content removal, we can help.

Our defamation lawyers represent business owners, executives, professionals, nonprofit organizations, public figures, and private individuals. Contact us to schedule a consultation.

Frequently Asked Questions

Can I sue for online defamation?

Potentially. Legal claims vary greatly by jurisdiction and circumstances. It is possible that you have a claim if false statements of fact were published to third parties, under your state’s law, and you sustained legal injury.

Can I post a response?

Generally, No. The best response is often no response. Fighting back online only adds fuel to the fire and exacerbates your legal claims.

What if someone is posting anonymously?

Not everyone who posts anonymously will be uncovered. However, anonymous posters can sometimes be identified through legal investigative and discovery means.

Can I get something taken down from Google?

Google will not typically remove something just because you say it’s defamatory. In some cases, you may be required to contact the original publisher or website, file a lawsuit, or follow certain platform guidelines.

When should I speak with an internet defamation attorney?

Immediately. Contacting an attorney early can help preserve evidence, prevent further injury to your reputation, and determine a winning strategy before things get out of hand.