Understanding Online Defamation in New Jersey and Pennsylvania

Legal Framework for Online Defamation in Pennsylvania

In general, the principle of online defamation in Pennsylvania are the same as traditional defamation law. First, the plaintiff must prove that a statement is false and that it harms their reputation. Additionally, if they are a public figure, they have to establish that the statement was made with actual malice. Finally, the law on defamation in Pennsylvania is provided in the Pennsylvania Defamation Act.

Bennett v. McCaffrey: This case discussion brings into consideration a reasonable reader’s leaning to conclude or develop a certain idea about a person from his/her reading statements about that person. What and how are the fickle parameters of statements’ mental and cognitive representations of people determined?

Defenses to online defamation claims in Pennsylvania. Similar to New Jersey, a defense to an online defamation claim can be (i) the truth, (ii) protecting privilege, and (iii) opinion. The following theories, again through a varied list of specified defenses, are cognizable in Pennsylvania according to Defamation Law.

Legal Framework for Online Defamation in New Jersey

New Jersey online defamation law is mainly based on principles of common law that have developed throughout various significant cases.

The New Jersey Supreme Court case Dendrite International, Inc. v. Doe No. 3 established the standard for identifying anonymous speakers online when it ruled a plaintiff must produce adequate support for his claim to compel the content host to identify the anonymous defendant. This forces the plaintiff to show he has a legitimate claim before the anonymous defendant can be “found” and properly served with a lawsuit. It strikes a balance between the right to “lawfully” punish and censor defamatory speech and the freedom to voice our opinions on public forums openly.

In G.D. v. Kenny, further standards for the definition of defamation in the function of online communication were elaborated when the court stated the plaintiff must prove falsity along with a harm to his reputation. The significance of this ruling is the reinforcement of the strong defense of truth in defamation claims; is the plaintiff can prove the defendant’s statement is true, it is absolutely not defamatory.

In New Jersey, defenses you can make in response to defamation claims include truth, opinion, and privilege. With truth, if the defendant’s statement is true, it is absolutely not defamatory. With opinion, it mainly protects individuals expressing near-completely subjective expressions of preference, as opposed to factual assertions.

What is Online Defamation?

Online defamation is when any false content, that is damaging to someone’s reputation, is published on the internet. This includes both slander (spoken statements) and libel (written or published statements). Remember, slander and libel are cousins to defamation, often falling “under” its broader definition. Given the significant increase of access to social media and the ability to create your own site, the level of defamation has risen in recent years.

A real-world example could be when Mary was called out as a criminal on Facebook, even though she wasn’t. Alternatively, it could refer to the scenario when a local landscaping business received a harsh online review, despite doing great work. Among other issues, these examples would resolve around the issue of whether the person had indeed committed crimes or whether the local business was as bad as the review stated. In these situations, the people involved would be bound to argue that they had not committed crimes, and the local business would argue the customer-review was almost entirely composed of lies.

The Impact of Online Defamation on Individuals and Businesses

Online defamation can permanently damage a person’s reputation. A single tweet or Facebook post in the present day can immediately reach hundreds or thousands of people, right? This terrible narrative about someone spreads quickly among their personal and professional relationships, like a viral tweet. A negative Yelp review can also gain a lot of attention. As a result, people immediately lose trust in that person. Others, when meeting them, may hold pessimistic preconceived notions about their personality. The negative reputational effects can permanently damage someone’s mental health. Many likely become more shy and flee from as many social occasions as possible during the coming years out of fear that someone will recognize their face and ridicule them. Some may experience anxiety and depression, or turn to drugs as a solution to their pain.

How to Protect Yourself from Online Defamation

In the digital age, both individuals and businesses need to protect their reputation online. On the proactive end, this means managing your online presence. Watch what is being said about you in your social media feeds and on page one of Google for your name or (Google’s suggested) “branded” search of your name. You absolutely want to have Google Alerts set up for your name. In this way, any time your name is mentioned on the internet, you will receive an alert so you have the opportunity to respond before negative information is spread far and wide. Additionally, be sure to have a positive digital footprint. Have an impact on your online presence by posting good content, having a strong LinkedIn profile, and asking those you know in a business capacity to leave recommendations.

If you fall victim to defamation on the internet, follow these steps:

Capture the evidence

Take a screenshot of the defamatory comments. Note the date and time the content was posted. Take down notes about the context of the statement. Were the comments posted directly on your social media? If so, in which accounts? Were they temporary or consistent kinds of posts? Do you know the people who posted them or were you tagged? In other words, discoverability is important. Capturing or otherwise documenting the evidence in question will be important if you decide to take action.

Report it immediately

Depending on the situation’s immediacy and severity, determine who to report to, in what order, and to what extent. In other words, if my comments were appearing on someone else’s social media page, I’d be sure to reach out to that person about what was happening. If I knew the attacker personally, I would reach out to the attacker. If not, I would absolutely work to reach out to customer support on the social media site(s) in question, and to upload a report about it to the local authorities or to the FBI.