Someone Lied About Me on the Internet in California: What Can I Do?

Protecting Your Reputation: How to Fight Online Defamation in California

In the digital age, our reputations are more vulnerable than ever, as a few keystrokes can instantly spread false and damaging statements online for all to see.

Whether the source is a disgruntled ex, a jealous coworker, or an anonymous internet troll, being defamed on the internet can have serious consequences for both your personal and professional life.

It’s natural to feel angry, embarrassed, and helpless, but California law offers several legal avenues to combat online defamation. With the guidance of an experienced attorney, you can take decisive action to hold the responsible party accountable and restore your good name.

Understanding Defamation: What You Need to Know

Defamation occurs when a statement damages someone’s reputation [1.].

“Courts have to balance the reputation of one person with the free speech rights of the other. Statements have to be repeated to at least one third person and must have caused damage.”

Defamation comes in two forms: libel and slander.

• Libel refers to the publication of a false statement in written or graphic form that harms someone’s reputation.
• Slander applies to false statements made verbally. Both forms are collectively known as defamation, and the laws governing them vary by state, often requiring the falsehood to be intentional.

Also Read: Can You Sue Someone for Slander?Definition of Libel in California:

In California, libel is defined as “a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or injure a living person’s reputation, exposing them to public hatred, contempt, ridicule, financial injury, or to impeach their honesty, integrity, virtue, or reputation” (California Statutes, Sec. 73.001, 1995).

There are three categories of libel:

1. Defamatory on its face: A statement that is obviously harmful and malicious to another person, where the intent to harm is clear to anyone who reads it.
2. False innuendo: A statement that appears neutral but is defamatory to those with the necessary contextual knowledge.
3. Legal innuendo: A statement that is not directly defamatory but becomes so when considered with external circumstances.

Proving Defamation in California

To successfully bring a defamation claim in California, you must prove five key elements:

1. Intentional Publication of a Statement of Fact

Defamation is considered an intentional tort in California, meaning the defendant must have intentionally published the statement. “Publication” refers to communicating the defamatory statement to a third party who understands its meaning and its application to you. Even communication to a single person suffices. The distinction between fact and opinion is crucial—opinions generally do not constitute defamation unless they imply undisclosed defamatory facts.

2. False Statement

The statement in question must be provably false. Truth is an absolute defense against defamation; if the statement is true, there is no defamation. In cases involving public figures or matters of public concern, the burden of proving falsity lies with the plaintiff.

3. Unprivileged Publication

For a statement to be defamatory, it must be unprivileged. California law recognizes several privileged communications under Cal. Civ. Code § 47, such as statements made during official duties or judicial proceedings. Privilege can be absolute or conditional, with conditional privileges being lost if malice is proven.

4. Injury or Special Damage

You must demonstrate that the publication caused injury or “special damages.” California defamation cases are categorized as either “defamation per se,” where damages are presumed due to the nature of the statement, or “defamation per quod,” where you must prove actual harm.

5. Defendant’s Fault Amounting to Negligence

Lastly, you must show that the defendant’s actions in publishing the statement amounted to at least negligence. In some cases, particularly those involving public figures, you may need to prove actual malice to succeed.

Each of these elements must be established to make a strong defamation case under California law.

Defenses to Defamation Claims in the Workplace

Defamation claims can arise after termination and have long-lasting effects, but employers have several defenses to escape liability. The most common defenses to defamation include truth, consent, privilege, and the statute of limitations [2.].

1. Truth: Defamation requires the statement to be false; if the statement is true, it is a complete defense against the claim. The defendant bears the burden of proving the truth of the statement, which can defeat the entire defamation claim.
2. Consent: If an employee consents to the publication of the defamatory statement, they cannot later claim defamation. For instance, if an employee shares a defamatory note from their file with others, they have essentially consented to its publication, weakening their claim.
3. Privilege: Privilege can be a strong defense, particularly in workplace settings where communications are necessary for business operations. Statements made in a “common interest” situation, such as during management discussions about personnel decisions, may be protected. However, this defense is “qualified,” meaning it only applies if the statements were made without malice.
4. Statute of Limitations: Defamation claims must be filed within a specific timeframe, usually one year from the date the plaintiff becomes aware of the defamatory statement. If the claim is filed after this period, the employer can use the statute of limitations as a defense.

Employers can effectively challenge defamation claims by leveraging these defenses, particularly when the statements were truthful, consensual, privileged, or when the claim is time-barred.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://cs.stanford.edu/people/eroberts/courses/cs181/projects/1997-98/defamation-and-the-internet/sections/background/index.html
2. https://www.losangelesemployeelawyer.com/defenses-to-defamation.html