Can You Sue For Defamation On Social Media?

Social media has become a big influence on society, with 56.2 million active users in the UK alone. 

However, in the wake of its growing popularity, business defamation on social media is happening more regularly than ever.

In a viral world, one negative post can spread like wildfire and change your business’ reputation overnight.

In this guide, we’ll cover some key information on social media defamation.

But before we answer whether you can take legal action against it, let’s first break down what social media defamation is.

What Is Social Media Defamation?

In short, social media defamation is when someone makes a comment or statement about an individual or business that’s likely to harm their reputation.

Can You Sue For Defamation On Social Media?

In theory, yes, it is possible to sue for defamation on social media in England and Wales. When someone publishes unfair, untrue, or harmful content about a business on social media, they could be held liable for defamation.

However, each case is unique, and to establish whether a defamation claim is possible in your circumstances, you should speak to a defamation solicitor at your earliest opportunity

Under the Defamation Act 2013 and the Court’s rules, businesses must prove that the defamatory statement is false, has caused serious reputational damage, and has caused or is likely to cause serious financial loss to the business.

What’s more, compensation can vary depending on what the used words are, what the meaning is, how badly the defamatory statement has impacted your business reputation, and other variables, emphasising the importance of speaking to a legal professional about the best course of action.

Defamation Of A Business On Social Media: Steps To Take

If your business is dealing with social media defamation, there are many steps to consider. 

They include, but are not limited to:

1. Open a line of communication
2. Report defamation to the platform providers
3. Seek legal advice
4. Gather proof
5. Take legal action

1. Open A Line Of Communication

If you believe someone has made a defamatory statement about your business, the first step is to open a line of communication with them

While this might be the last thing you want to do, it’s better to try to resolve the issue before it escalates

Politely ask the individual to remove the defamatory statement from their social media account.

When having the conversation, it’s best to remain pragmatic and leave emotion at the door. Don’t retaliate. While emotions can run high, this could later damage your claim. 

2. Report Defamation To The Platform Providers

If speaking to them is unsuccessful, you can report the defamatory statement to the platform provider.

You can report social media content, be it a post, image, or comment and social media platform providers, such as Meta, are more likely to take action when the content violates their community standards.

If this doesn’t work, your next best step is to seek legal advice from a solicitor.

3. Seek Legal Advice

Seeking legal advice is essential to establish whether your case is genuinely social media defamation or a lost cause.

An experienced commercial litigation solicitor will explain what your options are to help you better understand the next steps forward.

Do you believe that your business has suffered as a result of a defamatory statement on social media? Harding Evans Solicitors can help.

Get in touch with our expert solicitors today to discuss your case.

4. Gather Proof

You will need to gather evidence to support your defamation claim.

Sometimes, this is easier said than done, so it’s best to start gathering evidence as soon as you’re made aware that the defamatory statement has been posted online.

This will likely include proof of the defamatory statement and any correspondence you’ve had regarding it.

An experienced commercial litigation solicitor will help you gather the correct type of evidence that will best support your defamation claim.

5. Take Legal Action

Taking legal action should be used as a last resort.

This comes down to the fact that litigation can be incredibly costly, and there’s potential for a Judge to Order that you pay a substantial amount if you lose the case.

However, when all other options have been exhausted, your solicitor will be able to advise you on what taking legal action will entail and can help you get the matter taken to court if necessary.

From sending a Letter of Claim, which can work to get the individual to delete the defamatory post and prevent court proceedings, to submitting a defamation claim, there are many steps and considerations that your solicitor will be able to walk you through. 

How We Can Help

If you believe that your business has been falsely attacked, our solicitors at Harding Evans can help.

Our solicitors are specialists in defamation law. We will work closely with you to ensure that the defamatory content is removed and will support you in taking legal action for damages, compensation, and more.

Contact our team of solicitors to determine whether a claim is possible.