Online Naming and Shaming Could Result in a Defamation Lawsuit
HOUSTON, TX / ACCESSWIRE / JANUARY 18, 2024 / Houston, Texas Houston, Texas attorney Paul Sternberg has spent decades helping local clients overcome their legal battles. His specialty is helping those threatened or harmed by online defamation attacks.
When people take to Facebook or other social media outlets to post about neighborhood crime, whether suspected or confirmed, it may seem fairly harmless. In fact, attorney Paul Sternberg says people post this type of thing with the good intent of warning others who might be affected. However, this tactic, often known as "online naming and shaming" could get you into legal trouble because you are subjecting the named person to embarrassment, harassment, and/or public condemnation.
Many online community pages are popular sites for posting photos or videos of alleged criminals in action, but publicly accusing someone of a crime could be problematic. Sternberg says that whether it's an alleged mail thief or something worse, calling people out online for crimes is a form of digital vigilantism that could result in the poster being charged with stalking, harassment, and/or defamation.
If there is no actual proof of a crime or if the accused person has been misidentified, the online poster is indeed breaking defamation and harassment laws.
Naming and shaming is most commonly seen on social media and other sites such as:
- TikTok
- NextDoor
- Yelp and other review sites
However, Sternberg notes that social media sites aren't the only places used for naming and shaming. Even accusing someone of a crime on a personal blog page could result in legal recourse.
What is Defamation?
Defamation is the act of making a false statement about another person or entity that can be proven damaging to that person or entity's reputation. You may also hear it referred to as "libel", which is the term for written defamation.
Though the internet allows us to use our right to free speech, this freedom has limits. In fact, our right to free speech ends when we cause damage to someone else's reputation or publicly harass them.
Unfortunately, many people aren't aware that free speech has these limits, according to Sternberg. Or if they are aware, it doesn't stop them from naming and shaming others online, as can be seen almost daily on nearly any social media platform.
How Someone Can Prove Defamation
Every state has its own defamation laws, but the basics are the same throughout the U.S. Someone can sue for online defamation if the following four things can be proven:
- Someone made a false statement of fact
- They published or sent that false statement of fact to a third party
- The statement harmed the plaintiff's reputation
- The defendant was negligent (careless) about whether the statement they made was true or false.
Sternberg says that online defamation can be difficult to prove in some instances, but that doesn't stop people from trying to sue for this illegal act. If you don't want to be drawn into a potentially costly legal battle involving online defamation, the best course of action is to refrain from publicly naming and shaming others online.
If you suspect someone of committing a crime in your neighborhood or immediate area, Sternberg recommends reporting it to police and let them handle the problem. Likewise, Sternberg says that if you have been the victim of online naming and shaming, you should consult with an attorney who specializes in this type of law.
Paul M. Sternberg owns a private practice law firm in Houston, Texas. He concentrates his practice in the areas of internet defamation law as well as business law. Mr. Sternberg is a graduate from the A.B.Freeman School of Business at Tulane University in 1987, and a 1996 graduate from South Texas College of Law in Houston. Mr. Sternberg, a seasoned entrepreneur, is the author of SECTION 230 , FREE SPEECH AND THE INTERNET. 10 years of experience on representing clients who have been the victims of defamatory cyber-attacks. Mr. Sternberg has developed a reliable blueprint in securing positive solutions in most cases. He has shared his professional knowledge with FOX NEWS and many other media outlets to discuss internet defamation. He is a frequent speaker to attorneys and community groups. He may be reached at www.TheDefamationAttorney.com or his office at 713-789-8120.
THIS ARTICLE SHOULD NOT BE RELIED UPON AS LEGAL ADVICE
Attorney Paul Sternberg, of Houston, Texas, states and declares that the above text is not offered as legal advice, but is provided as general information. The information contained within may not be suitable for all individuals or situations. No attorney-client relationship is created or implied by the provision of this information, nor does the aforementioned make any warranties, whether expressed or implied, of any kind. To discuss a particular situation in more detail, please contact attorney Paul Sternberg for a consultation by calling 713-392-4322.
SOURCE: Sternberg Law Firm
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