Defamation on social media

By Kristy Hesom

When we are upset about something, we like to talk about it. This, however, is not always a good thing. And especially so if you take into account that with social media, we have the ability to throw out a thought without thinking. You can find yourself faced with defamation charges because of something you’ve posted online. 

According to Su Little, head of strategy and CRM at Platinum Seed; “defamation is any intentional or unlawful defamatory statement made on a public platform that has the propensity to harm the reputation of another person online”. While you may think the tweet or post you sent out was just your opinion, it could have the potential to do serious damage.

Tanya Moolman, community manager at Newsclip Media Monitoring, agrees, adding that the type of posts that can land you in trouble include Photoshopping an image to alter the situation and adding incorrect or misleading captions, or posting incorrect and damaging content on social media or on review sites such as Hello Peter. 

Defamation instances are increasing rapidly. In an article by Ian Burrell, assistant editor and media editor of The Independent, he attributes this increase to social media users’ lack of understanding that they are legally responsible for what they post online. 

Sometimes, there are no harsh consequences, and the second party may just ask you to remove the content. If, however, the content is severely damaging, Little warns that you can be sued by the person whose reputation has been impacted. 

Moolman points at that while you may be asked to remove the content, the harm has already been done. “The damage occurs instantaneously on social media. It is not an easy task to remove any published material, as it has probably reached a viral status already.”

Little also warns that by spreading false information at the expense of another's good reputation, you can potentially damage your own reputation as a credible source of information. 

While it may seem simple enough to say “don’t post damaging content”, the line is not always that clear. Moolman’s advice? “Be cautious when displaying any emotions or opinions on social media platforms.” If you have the need to post, ensure that you clarify whether it is your opinion or a verified fact, and always consider that you might attract an audience, she adds.

Depending on the severity of your complaint, Little says that if you do want to complain, “rather attempt to contact the person you wish to discredit and try and get the facts from their side. If they are unable to provide, then speak with a lawyer before taking to public platforms”. 

Always keep in mind that what you post can be screengrabbed and shared. “Whatever you post online, stays online, regardless of your privacy settings,” warns Little. 

Have you been accused of defamation? What is your advice to anyone facing the same thing? Tell us in the comments below.