What is a “false statement of fact”?
A false statement of fact is a false statement that can be proven true or false – e.g. “John stole my computer from my house,” or “Mary had an affair with the boss to get her promotion” – and which a reasonable person, in the context provided, would understand as being a true and verifiable statement. Obviously, if a statement is true, it cannot be defamatory.
Opinions, even if they reflect negatively on someone, are protected by the First Amendment and are not defamatory. However, just calling a false statement of fact an opinion is not enough to gain First Amendment protection.
What should I do if I am sued for defamation for a statement I made or would like to bring forth litigation for defamatory statements made against me?
Saper Law can help. The basics of defamation law are the same for online defamation as they are for normal written or spoken defamation, but there are also technical and legal issues specific to online defamation. It is helpful to have an attorney who understands the technical issues surrounding the use of defamation on the internet, such as IP address retrieval, the Communications Decency Act, and ISP provider responsibilities. Saper Law attorneys have experience dealing with all forms of defamation. Additionally, we have experience in assisting clients with online reputation management and have defended victims of revenge porn.
Click to schedule a consultation to discuss defamation-related issues with our experienced attorneys.