New York Internet Defamation Case
What is a New York Internet Defamation Case?
A New York internet defamation case is our firm’s name for cases that involve defamatory statements published by bloggers, reviewers and commentators on the internet. New York defines a statement as defamatory if it “tends to expose the plaintiff to public contempt, ridicule, aversion or disgrace, or induce an evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly intercourse in society.”
What does this mean? Essentially, a defamatory comment is a comment that is a lie and makes people think bad things about you. Sounds like every bad statement can be defamatory, right?
In New York internet defamation, a defamatory statement must be presented as a fact, and when reading the entire blog post or comment as a whole, the context must also be presented as facts. An opinion is considered to be protected speech. For example, a statement is an opinion if I eat at a restaurant, return home and write a blog commenting that “the food was the worst food I ever tasted.” However, if I go home and write a blog stating “I received rat meat instead of chicken in my General Tso order,” and this is a lie, the restaurant will have a New York internet defamation case.
What are the Elements of Your New York Internet Defamation Case?
In order to establish a claim for libel or slander, a Plaintiff must demonstrate “(1) a false and defamatory statement of fact; (2) regarding the plaintiff; (3) which is published to a third party; and which (4) results in injury to plaintiff.
Once you understand what is a defamatory statement, the rest of your New York internet defamation case becomes much simpler. Clearly the statement has to be about you. A statement published on a blog or review site is published for the world to see. A statement written in an email to you directly would not be considered a published defamatory statement (however, if your boss is cc’d, then it is “published.”) Finally, you must show damages.
What are the Damages in a New York Internet Defamation Case?
Certain statements are considered so egregious by the Courts that damages are presumed.
These statements fall into four categories:
- Accusing someone of a serious crime;
- A false statement that “tends to injure another in his or her trade, business or profession,
- Lying about someone having some “loathsome disease,” or
- False statements about a woman’s “unchastity.”
There are nuances to these categories, and we suggest you contact us with additional questions.
What Do You do if You Have a New York Internet Defamation Case?
New York internet defamation cases occur in the following categories:
Our firm has experience suing defamers and having the libel and defamatory content removed completely from the internet.
What Do You Do if You Don’t Know Who the Defendant is in Your New York Internet Defamation Case?
Almost every blogger or comment writer posts anonymously. This will not prohibit your case from going forward. In fact, our firm has success uncovering anonymous posters and pursuing them for damages.
For more information, I suggest reading this article about our firm’s recent tracking of a defendant in a New York internet defamation case.
Don’t trust other reputation defender services that just create new blogs, while the false and defamatory blogs remain online. We completely remove the defamatory blogs so that they will never appear again in a search result.