From Reviews to Ruin: Battling Defamation in the Social Media Era

Has your business suffered reputational damage due to a false review? Or is it been defamed by an anonymous author online? If so, keep reading!

Introduction: Defamation in the Digital Age

In today's digital age, information travels fast, and defamatory content can spread like wildfire on social media and other online platforms. Complicating matters is the challenge of unmasking these online wrongdoers has grown, with the complex social media landscape providing them with a shield from accountability. This creates significant risks for businesses and individuals alike. A single false review or anonymous post can cause reputational damage, disrupt customer trust, and impact financial performance. If you've been a target of defamation, it's essential to know your rights and take proactive steps to protect your business. Let's explore what defamation is, how it affects you, and what you can do about it.

Understanding Defamation

Not every critical comment or unpleasant statement is considered defamation under the law. To establish that defamation has indeed occurred, a few criteria must be met. Defamation refers to false statements that damage a person's or a business's reputation. Defamation law varies across jurisdictions, but it generally revolves around the concepts of libel and slander. In British Columbia, libel refers to defamatory statements in a permanent form, while slander pertains to oral defamation. Businesses must be aware that even casual comments on social media, blogs, or websites can fall into these categories and lead to legal consequences.

The case of Grant v. Torstar Corp (2009 SCC 61 (CanLII), [2009] 3 SCR 640) established that defamation is a strict liability tort, meaning a business could be liable without proof of intent or negligence. By virtue, to succeed in a defamation action, the plaintiff needs to establish three things:

1. The statement is defamatory, as in it lowers the reputation of the plaintiff in the eyes of the right-thinking person.

2. The statement refers to the plaintiff, and

3. The statement was communicated to a party other than the plaintiff.
   

Once a plaintiff establishes the key elements of defamation the burden shifts to the defendant to prove their case. This could mean relying on defenses like justification, privilege, fair comment, or innocent dissemination.

How Defamation Affects Businesses

Businesses often rely on reviews and referrals to attract customers. Defamation can cause significant damage to businesses. It can lead to loss of customers, lower revenue, and a tarnished brand. For example, if a false review goes viral, it can take months or even years to rebuild trust with customers. Moreover, defamation in the digital age is complicated by anonymity. Anonymous posters can hide behind fake profiles or pseudonyms, making it challenging to track them down. If your business or you as an individual have been defamed, especially by an anonymous author, it's crucial to act quickly to mitigate damage and seek justice.

What to Do If You've Been Defamed

1. Document the Defamation: Collect evidence of the defamatory content, including screenshots, URLs, and timestamps. This documentation will be critical for legal action.

2. Contact Legal Counsel: Seek advice from a lawyer experienced in defamation cases. They can help you understand your rights, assess the strength of your case, and guide you through the legal process.

3. Reach Out to the Platform: If the defamatory content is on a social media platform or website, contact them to request removal and understand their process for handling defamation claims.

What to Do If You've Been Defamed by an anonymous author

If you've been defamed by an anonymous source, one potential solution is to obtain a Norwich Order. This type of court order can compel platforms, internet service providers (ISPs), or social media companies to reveal the identity of the defamer.

In the case of ATAC Law Corporation v. Google LLC (2020 BCSC 781) , ATAC, a law firm, discovered a negative review on its Google page from an individual claiming to be a prior client. To unmask the author of this anonymous review, the firm sought a Norwich Order. The Supreme Court of British Columbia outlined the following test for when a Norwich Order should be granted:

1. Bona Fide Claim: The plaintiff must demonstrate that there is a legitimate claim against the unknown wrongdoer.

2. Necessity for Action: The plaintiff must show that the disclosure of the information is required to commence an action against the anonymous defamer. Essentially, the plaintiff must establish that knowing the identity of the defamer is crucial to addressing the wrong.

3. Practicable Source: The defendant (such as Google or another platform) must be the only practicable source of the information.

4. No Immunity from Disclosure: The defendant must not have legal immunity that would protect them from being compelled to disclose the information.

5. Defendant's Involvement: The plaintiff must show that the defendant has some connection to the wrongdoing. This does not necessarily imply misconduct, but it indicates the defendant's role in the context of the defamatory statement.

6. No Irreparable Harm to the Defendant: The disclosure should not cause irreparable harm to the defendant.

7. Interest of Justice: The final point is whether granting the relief serves the broader interests of justice.

Conclusion

Defamation in the digital world is a serious threat to businesses and individuals, with unique challenges due to anonymity on social media platforms. By taking proactive steps to protect your business and knowing how to respond if defamation occurs, you can navigate this complex landscape with greater confidence.

Disclaimer:

The information provided in this post is intended for informational purposes only and should not be construed as legal advice. It is not a substitute for professional legal counsel tailored to your specific circumstances. Laws regarding defamation and privacy rights vary by jurisdiction, and legal outcomes can differ based on individual facts and circumstances. If you need additional guidance, consider consulting legal counsel to discuss your specific situation and potential next steps