The Best Defense Against a Bogus Claim of Defamation, Libel or Slander? Our Lawyers Can Help.
Defenses to Claims of Internet Defamation:
You may need a defamation lawyer if you are wrongfully accused of defamation on the internet. An attorney who specializes in internet defamation matters understands what it will take and what it will cost to defend your case. There are a number of legal defenses to a claim of defamation and many states have anti-SLAPP statutes which provide leverage against bogus claims of defamation. Here are some of the more common arguments an internet defamation lawyer might make in defense of a lawsuit, threat letter and/or claim of internet libel (written) or slander (oral statement):
- The “Truth” Defense: One of the traditional battlegrounds in any defamation lawsuit is the fundamental issue of whether the statement made on a web site was in fact true. An experienced defamation law attorney will tell you that if the statement is true, it typically cannot be defamatory.
- Defend Defamation claims with a “Privilege:” Typically, statements made in court or statements made within a government body can be considered “privileged.” These statements are often protected under all circumstances, even when the statements are knowingly false. A qualified privilege typically exists for journalists who are reporting on public events. Such privilege can protect publishers and newspapers against claims of defamation except when accompanied by malicious intent.
- “Good Faith Belief” Libel Defense: When a statement is made with a good faith belief that the statement is in fact true, every internet defamation lawyer knows that is more difficult to plead and prove the elements of defamation. For instance, if someone reads an article in a newspaper, they can generally believe that the statement is in fact true. Good libel lawyers know, however, that a statement posted on a blog or web site on the internet may affect the degree of trustworthiness of the statement.
- The Best Way For a Defamation Lawyer To Defend a Defamation Claim: An experienced defamation lawyer will tell you that statements of opinion are protected by the First Amendment right to freedom of speech: If the statement made is one of opinion, it typically enjoys broad First Amendment protection. Opinions are by their very nature not capable of being established as either true or false.
- Commentary on matters for public interest: When someone makes a statement in the reasonable belief on a matter of public interest such as an official act or government undertaking, such statements typically enjoy protection.
- Innocent Publication and Dissemination Defense: When a defendant had no actual knowledge that the statement of fact was defamatory, the publication of the information can be said to be “innocent” and thus, not actionable.
- Statute of Limitations For Defamation: The most common defense to the filing of a lawsuit alleging defamation, libel or slander is statute of limitations. Statute of limitations is different in various jurisdictions. Consult with an internet defamation attorney in order to calculate the period that likely applies in your matter.
If you have been wrongly accused of defamation resulting from a blog post, forum comment, review or web site, contact a Traverse Legal defamation law attorney for more information. Get help before matters get worse.