How to Get Defamation Deleted Off the Internet!

Online Defamation

Defamation is the act of knowingly spreading false information with the intent of the reputation of another person or business. Defamation law has been around for thousands of years. In fact, United States defamation law pre-dates the American Revolution. In 1734, for instance, an influential case established precedent that "The Truth" is an absolute defense against charges of libel.

Online Defamation, then, occurs when someone knowingly spreads false information with the intent of damaging the reputation of another person or business entity on the internet. This can take many forms online, including but not limited to public forum comments, consumer complaints, false online reviews, social posts and videos.

Defamation vs Slander vs Libel

How does defamation differ from libel and slander? Defamation is an area of law that allows you to seek (civil or criminal) legal recourse against anyone that inflicts damage upon your reputation or your livelihood.

Libel is a written or published defamatory statement, while slander is defamation that is spoken by the defendant. Thus if you've been defamed in a written blog post, news article, review or forum thread, you're dealing with libel. If, on the other hand, spoken defamation surfaces online via a YouTube video, podcast or other recorded verbal communication, the defamatory content is slanderous.

Civil Defamation vs Criminal Defamation

With the exception of Arizona, Missouri, and Tennessee, all U.S. states recognize that certain categories of false statements are innately hurtful in a way that requires that they are treated as defamation per se.

Defamation per se

When is a statement considered defamatory per se?

A statement that falsely imputes to the plaintiff one or more of the following things is considered to be defamatory per se:

• Allegations or imputations "injurious to another in their trade, business, or profession".

• Allegations or imputations "of loathsome disease" (historical examples include leprosy, sexually transmitted disease, and mental illness).

• Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women).

• Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude.

National vs State Criminal Defamation Laws

While no criminal laws against defamation exist on a federal level, state laws making defamation a criminal offense do exist in seventeen U.S. states and two territories already.

Which States have Criminal Laws Against Internet Defamation?

Colorado

Colorado Revised Statutes, § 18-13-105

Florida

Florida Statutes, § 836.01-836.11

Idaho Idaho Code, § 18-4801-18-4809

Kansas

Kansas Statute Annotated, §21-6103a1

Louisiana

Louisiana R.S., 14:47

Michigan

Michigan Compiled Laws, § 750.370

Minnesota

Minnesota Statutes. § 609.765

Mississippi

Mississippi Code Annotated, §97-3-55

Montana

Montana Code Annotated, § 13-35-234

New Hampshire

New Hampshire Revised Statute Annotated, § 644:11

New Mexico

New Mexico Statute Annotated, §30-11-1

North Carolina

North Carolina General Statutes, § 14-47

North Dakota

North Dakota Century Code, § 12.1-15-01

Oklahoma

Oklahoma Statutes, tit. 21 §§ 771-781

Utah

Utah Code Annotated, § 76-9-404

Virginia

Virginia Code Annotated, § 18.2-417

Washington

Washington Revised Code, 9.58.010 [Repealed in 2009]

Wisconsin

Wisconsin Statutes, § 942.01

Puerto Rico

Puerto Rico Laws, tit. 33, §§ 4101-4104, which was declared unconstitutional in 2003 by a Federal Court.

Virgin Islands

Virgin Islands Code, Title 14, § 1172

State penalties for criminal defamation vary widely from state to state and depend on the nature and severity of the defamatory web content. Criminal defamation penalty can range from a written letter to probation, to mandatory jail time. From 1965 to 2004, 16 criminal defamation cases ended in conviction. Out of these 16 criminal defamation convictions, 9 resulted in jail sentences.