Online defamation happens when false statements are posted on the internet in a way that damages a person or business. For business owners, a single negative review, misleading article, or false social media claim can spread rapidly, resulting in lost customers and reputational damage. If your business has been affected by harmful online statements, it’s essential to know the legal remedies available in New York.
What Is Online Defamation?
Defamation is a false statement of fact that is shared with others and causes harm. Online defamation, often referred to as libel, typically appears in reviews, blogs, or social media posts. To prove defamation in New York, you generally need to show:
- A false statement of fact was made about your business.
- The statement was shared with at least one other person.
- The statement caused harm (e.g., lost business and reputational damage).
- The statement was not privileged or protected speech.
It’s important to distinguish between fact and opinion. While opinions are usually protected, a claim presented as fact—like accusing a restaurant of serving unsafe food—may be defamatory if untrue.
How Online Defamation Hurts Business Owners
The internet provides individuals and competitors with a powerful platform to disseminate harmful information. Business owners often face:
- Loss of customers who read and believe damaging reviews.
- Damaged brand reputation that undermines years of work.
- Difficulty attracting investors or partners who hesitate to associate with a tainted brand.
- Stress and wasted time spent responding to false claims instead of running the business.
Reputational damage can occur rapidly in the digital marketplace, which is why understanding legal options is crucial.
Legal Remedies Available in New York
New York law offers several ways for business owners to address online defamation:
- Cease and desist letters: Often the first step, these letters demand that the false statement be removed.
- Court injunctions: In some cases, judges can order that defamatory content be taken down.
- Defamation lawsuits: You may be entitled to monetary damages for the harm caused by false statements.
- Business tort claims: If defamatory conduct overlaps with unfair competition or intentional interference with business, additional claims may apply.
Timing is critical. In New York, the statute of limitations for defamation is typically one year from the date the statement was made.
Proving Defamation in Court
Courts require clear evidence to prove that online defamation occurred. Business owners often rely on:
- Screenshots or archived copies of the defamatory content.
- Testimony from witnesses who saw the statements.
- Financial records showing a drop in sales linked to the false information.
- Expert testimony to demonstrate reputational harm.
One challenge is separating fact from opinion. Courts will not punish harsh opinions—like “this business is terrible”—but false statements presented as fact are not protected. Having an attorney assess the strength of your evidence can make the difference in court.
Alternatives to Litigation
Litigation is not always the best or only solution. Business owners may also consider:
- Negotiating with the publisher or platform to remove harmful statements.
- Mediation to resolve disputes without a lengthy trial.
- Reputation management strategies to counter false claims with accurate, positive information.
These alternatives can often resolve issues more quickly and at a lower cost, while still protecting your business’s reputation.
Protect Your Business From Online Defamation Today
Defamation can cause lasting harm if left unchallenged. If your company has been damaged by false statements online, call Kohan Law Group today. We will review your case, explain your options, and take immediate steps to safeguard your reputation and restore your good name.