Social media defamation caused by offensive online posts has become commonplace in today’s digital world – so how can you avoid ending up in court?
To understand what this means to you and your social media activity, you first need to understand the basics of media law. In the UK, the law recognises everyone’s right to have their reputation protected against false and defamatory statements.
What is social media defamation?
Defamation is a legal term that covers both libel and slander. Libel covers any written, also known as permanent, publications. Traditionally, libel covered newspapers, books and magazines. However, in the past 30 years libel has extended its reach to cover digital communications (e.g. emails) and social media platforms such as Facebook, LinkedIn, Instagram, X (previously Twitter), Threads and forums including Reddit or Quora. Libel also includes any video or broadcast content including TikTok, Instagram Reels, YouTube and Snapchat.
Slander covers the spoken word, for example public conversations, in-person meetings or on a live video, such as on Zoom, Microsoft Teams or Facebook Live.
Back when I was studying at journalism college, our lecturers drummed into us that defamation was one of the greatest perils for journalists – nothing has changed. Fast forward to today and everyone with a social media account can publish their views to the world, which has led to a surge of social media defamation cases going through the courts.
When is a statement defamatory?
Essentially, a claimant needs to show that a statement published by the defendant is defamatory in nature according to Section 1(1) of the Defamation Act 2013. Over time, the way UK judges have handled social media defamation has evolved as more cases have passed through the courts so that it has now become a separate area of media law.
Regardless of intent or malice, if a social media post is read and reputational damage has been suffered, then you may be liable. This also applies to reposts, as by sharing something with your followers you have technically republished the defamatory statement.
Generally speaking, the more followers you have the greater the chance of damage, so the court will calculate the damages accordingly. If the offender has a small number of followers, then a claim for libel could fail because the defamatory statement did not cause serious reputational harm.
Social media defamation is handled in civil, not criminal, courts. You won’t go to prison but if you are found guilty you will be facing a hefty bill for damages and legal costs. The most serious cases usually involve being sued by a business or celebrity where potential loss of earnings could be a factor.
What are the defences?
Before you abandon social media entirely and head for the hills, there are defences including truth or honest opinion. You can also limit the damage by removing offending statements, issuing an apology/clarification or offering compensation before legal bills start mounting up.
Legal action is only enforceable if someone else can prove that what you are saying is untrue, when accused of making defamatory statements your defence will rely on your proving that what you have said is true.
In my opinion, the best protection is always prevention. Make sure you understand what you can and can’t say, and ensure the person or agency running your social media accounts has some basic legal training. Social media has presented both individuals and businesses with boundless possibilities. However, with power comes responsibility so you need to act wisely.
Got a question about social media defamation?
The thought of going through a social media defamation case can be scary, so it is essntial to ensure that your posts are being managed by a professional who is trained in media law. If you have any questions, feel free to contact Wordsmart Communications and we would be more than happy to offer a FREE consultation.