DEALING WITH DEFAMATORY FACEBOOK POSTS

An unfortunate side effect of the influx of social media has been a marked increase in harassing and defamatory statements posted on internet websites.  It is all too familiar, the case where a competitor seeks to destroy a small business’s reputation by posting harmful “reviews” on social media sites, or a jilted ex-lover posts false and misleading information on a social media or dating website.  This has led to a large number of individuals and small businesses suffering injuries to their reputations at the hands of so-called “friends,” “followers,” or “reviewers,” whose social media bravado or hiding behind the mask of anonymity of the internet may be unlawful. 

This type of conduct can be addressed in a number of ways.  New Jersey laws provide several possible remedies in these situations. If the facts of the individual situations allow, a lawsuit could possibly be brought for defamation, intentional infliction of emotional distress, invasion of privacy, and interference with contractual relations or interference with prospective economic advantage.  Each of these claims has unique requirements for proving both liability and damages.  Many clients, however, just want the harmful content removed as soon as possible.  The attorneys at Weir & Associates, LLC use the same advocacy skills and practices that have made them successful trial attorneys to resolve the matter in the quickest, and most cost-effective way possible.

In fact, we have helped clients get defamatory posts on Facebook and online dating sites removed.  Innocently friending strangers and chatting online can be harmful.  We have encountered situations where a jilted lover has created false identities on social media to lure the former partner into online friendships with negative consequences, including spreading lies, derogatory comments, photos and the like. A cost effective strategy begins with the simple goal of stopping the defamatory postings.  This can often be accomplished with a simple letter or phone call.  Identifying the person posting the content becomes more problematic but can be done with the identification of the IP address of the poster.  At this point, a lawsuit can be filed for the purpose of recouping the financial harm caused by the defamatory posting.

If you are an individual or small business in New Jersey who has suffered harassment or interference with your personal privacy or business on social media websites, contact the trial attorneys at Weir & Associates, LLC to see if we can help.  Our attorneys will use our decades of experience in mitigating problems to your advantage.