The ever-growing popularity of social media unfortunately has its share of side effects. One of them is social media defamation, a general term used to describe false statements published on platforms like Facebook, Twitter, and many others.
Can you sue someone for exposing you on social media? Read on to find out.
Social Media vs. Defamation – An Introduction
The term “defamation” refers to a false statement made to a third party that negatively affects the reputation of the injured person. Technically, there are two types of defamation claims – slander and libel.
A slander is a false statement perpetrated through spoken communication. For example, if someone gives a defamatory speech, it is considered slander. Conversely, libel is a false statement written or published on an online review or social media post, for example.
If content posted on social media somehow defames a person or a business entity, the terms used to describe it include:Ā
- Libel
- Cyber defamationĀ
- Disparagement
- Character assassination
- Cyberbullying
- Cyber harassment
Depending on the specific content of the post and the intentions of the publisher, it might result in a criminal lawsuit (e.g., racial prejudice).Ā
Can You Sue Someone for Exposing You on Social Media? – Preventive Measures
The best protection method against unexpected issues is to ensure a degree of confidentiality. The first step is to look at one’s social media privacy settings and modify some of the options. Sometimes, it is not good to let everyone know what you may be posting online.
The more private a profile is, the harder is for people to find excuses for exposing you. Whether you may be using Facebook, Twitter, Instagram, TikTok, YouTube, Snapchat, or any other social media platform, it is crucial to understand that no content posted on the interest can be considered private.
Consequently, changing one’s social media settings and taking time to select which individuals can have access to your content are the basic factors to avoid stressful situations.
Freedom of Speech vs. Social Media Defamation – As Provided by Law
The First Amendment of the US Constitution guarantees the right of freedom of speech of all Americans from government censorship. Please note that social media platforms have their own Terms of Use, which gives them the right to censor users that hurt their policies.
While the US Constitution protects freedom of speech, it does not shield individuals responsible for undue exposition or false statements published online from lawsuits. No one has the right to say or publish whatever they want without bearing the consequences of torts or criminal actions incurred in the process.
For example, let’s say a restaurant owner finds out about a customer’s post on social media explicitly insulting his company. The post includes a fake picture of a bug in a dish, along with a statement affirming it never went through the required health inspections.
If the owner has evidence that the photo is fake and the company meets all health and safety regulations (including operational licenses), it is possible to file a defamation lawsuit against the individual who published the defamatory post.
Waste No Time with Uncertainty – Immediately Contact Attorney Romy B. Jurado
Have you been a victim of undue exposition or defamation on social media? Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find a solution for your case.Ā