Posts Tagged ‘defamation of character’

How to Prove Defamation of Character on the Internet

Friday, August 31st, 2012

Defamation of character claims can be challenging, but here’s what you need to know about what you have to prove in order to establish internet defamation or defamation of character on the web. In order to show that there is a defamation that has occurred, you have to prove that there was a false statement of fact about you or your business. Now, what is a false statement of fact? A false statement of fact in a defamation claim, whether it’s slander or libel is a statement that can be proven either true or false, or is false by implication.

Continue reading How to Prove Defamation of Character on the Internet »

Actions for Victims of Defamation

Wednesday, June 20th, 2012

Well, Matt, the first steps that we normally recommend is to have the victim of internet defamation provide us with the defamatory posts and their explanations why they believe the posting is defamatory.  So, the first thing that we do is to identify all of the postings that are at issue.  And then, with the assistance of the victim of the internet defamation posts, identify whether it is, in fact, defamatory.

Continue reading Actions for Victims of Defamation »

Business Defamation and Damages

Thursday, May 17th, 2012

…we are all familiar with defamation which occurs against individuals, in other words, when an individual is subject to both a false and defamatory statement which is untrue.   But in the business world, business defamation occurs quite frequently among competitors and otherwise.  For instance, an advertisement that is both false and defamatory, that is suggestive of an individual’s business can be the subject of business defamation.  Also there are statements on the Internet, for instance, about a business either expressly or impliedly which can result in what we call business defamation, which are false and defaming statements which hurt someone’s business.

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you?

Continue reading Business Defamation and Damages »

What is a Defamation of Character Assessment?

Tuesday, April 10th, 2012

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you?

Welcome to Traverse Legal Radio.  My name is Attorney Enrico Schaefer and I, along with several other attorneys in the firm, specialize in defamation of character issues. Specifically, in internet law related defamation issues wherein defamatory statements have been posted on the internet.  So, when you are the victim of an online defamation attack or have been wrongfully accused of internet defamation, we can help you understand what your options are, what your risk is and how much it’s going to cost to handle a variety of different approaches to making the matter go away, or otherwise handling the defamation matter. Continue reading What is a Defamation of Character Assessment? »

How to Identify an Anonymous Internet User

Thursday, January 19th, 2012

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you?

This is Brian Hall an internet law attorney with Traverse Legal, PLC; a law firm representing those involved in defamation actions throughout the United States.  Today, I will be answering the question, “how to identify anonymous internet users.” Continue reading How to Identify an Anonymous Internet User »

Is Truth a Valid Defense to a Claim of Internet Defamation?

Tuesday, December 20th, 2011

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you?

Welcome to Defamation Law Radio, my Name is Enrico Schaefer, and I am an internet law attorney at Traverse Legal, PLC.  We specialize in Internet law and online defamation.  Today, we are going to be talking about defending against bogus claims of defamation, and specifically, defamation that occurs on the Internet. Continue reading Is Truth a Valid Defense to a Claim of Internet Defamation? »

A Defamation of Character Claim Requires a False Statement of Fact

Thursday, November 3rd, 2011

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you? Has someone posted a defamatory statement about you on the internet?

Welcome to Defamation Law Radio.  My name is Internet Law Attorney Enrico Schaefer.  My law firm specializes in internet defamation claims litigation both in representing plaintiffs who have been the subject of a defamatory statement and also defendants who’ve been accused of defamation of character.  Typically, our law firm specializes in defamation that occurs on the internet.  That is, blog posts, websites, review sites, these types of things where people provide information and communication about a variety of things, including other people and other companies.

Previously, we’ve had shows that dealt with the issue of what is a defamatory statement and what is publication.  Today, I want to talk about the third element of defamation, the third general element of defamation under most state defamation law.  The third element that any plaintiff who files a claim or lawsuit alleging defamation on the internet.  The third thing they’re going to have to prove is that the defendant knew or should have known that the statement that they made, the alleged defamatory statement, was false. Continue reading A Defamation of Character Claim Requires a False Statement of Fact »

What is Defamation? Proving a Defamatory Statement.

Wednesday, November 2nd, 2011

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you?

Welcome to Defamation Law Radio.  My name is Internet Law Attorney Enrico Schaefer.  I specialize in Internet Defamation.  That is, defamation that occurs online, on the World Wide Web, and, of course, we all know defamation involves both libel and slander.  Libel is written defamation and, of course, slander is spoken defamation.  In the internet space, it means this.  If a statement is written on a website, it’s potentially libel.  If it’s on a You Tube video or another video or an audio, then it is spoken, and it may be slander.

There are several elements of defamation.  Generally, you have to prove as a plaintiff that a defamatory statement was made, that’s the first element.  The second element is that you have to prove that that defamatory statement was published to third parties, that’s the second element.  And the third element is that you have to prove as a plaintiff that the publisher (the defendant) knew or should have known that the statement that they made which harmed the reputation was false.  So, those are the three general elements. Continue reading What is Defamation? Proving a Defamatory Statement. »

How to Defend Allegations of Defamation of Character?

Tuesday, November 1st, 2011

Have you been wrongly accused of defamation of character on the internet?  You need to speak with a internet lawyer before the problem get’s worse.  Often times, you will receive a defamation threat letter demanding that you remove the alleged defamatory statement or the complaining party will have their attorney file a defamation case against you.  If you are a web hosting company or web site owner who has been provided notice of defamation, or a violation of your Terms of Service (TOS),  you need to understand your potential liability and immunity under Section 230 of The Communications Decency Act (CDA). If you receive notice from an ISP or web host that a subpoena has been issued to identify you as the author of an alleged false statement, you may not have much time to hire a defamation defense attorney and quash the subpoena.

If someone files a defamation of character lawsuit against you, you need legal representation fast. Often times, your attorney will have between 21 and 30 days to analyze the matter and file an Answer to the Complaint.   Some defenses include: truth, first amendment, privilege, immunity, statement of opinion, laches, statute of limitations, failure to state a claim and numerous other defenses which could apply to your case.

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