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5 Common Misconceptions about Online Defamation

Written by: Adrianos Matthew Facchetti

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Posted over 3 years ago. Applies to California, 4 helpful votes, 0 comments

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"Bumping" a Post

Old math says that you should respond to defamatory remarks in order to refute them. But, responding to such posts, or "bumping," only makes the defamatory remarks more significant in search engine indexes.

Traditional PR Approach

PR professionals will tell you that you should respond to a defamatory remark once forcefully and immediately. Then, they would tell you to then attempt to "replace" the remarks subsequently with positive information. This doesn't work in the online world.

Opinions Are Not Actionable

This is a common mistake. People believe that only factual assertions are actionable defamation. But opinions in certain circumstances can give rise to a claim for defamation as well.

Can't Prove Damages

The trend is to look to a "Market Share Damages Approach" in order to calculate the damage of a particular defamatory statement in instances where there are several sources of defamation.

"Gripe Sites" Are Absolutely Protected

The newest misconception and proof that a little knowledge is a dangerous thing. The Communications Decency Act was Congress' attempt to ensure that the Internet remained a marketplace of ideas by legislating broad protection for interactive computer services, AKA, websites. But courts are now limiting such protection in cases where the "Gripe Site" has a financial component (as most sites do, advertising, e.g.), or encourage or assist a user in defaming another.