In the digital age, social media platforms have become integral to how we communicate, share opinions, and do business. But what happens when someone crosses the line – when a post, tweet, or video causes serious harm to your reputation? At Brandy Austin Law Firm, our Arlington, TX personal injury lawyer who has been rated 10.0 by Avvo is seeing more and more clients deal with defamation during accidents, and it’s important to know your rights and how the law protects you when applied to a social media setting.
What Is Defamation?
Defamation is a false statement made about someone that causes harm to their reputation. In Texas, defamation is categorized as either libel (written or published statements) or slander (spoken statements). Social media defamation almost always falls under libel since the defamatory content is posted online in writing.
You may be wondering what is or what is not defamation; to win a defamation case in Texas, the plaintiff must prove:
- A false statement was made
- The statement was published or communicated to a third party
- There was intent, or at least negligence, in making the defamatory statement
- The statement caused actual harm (to reputation, career, business, etc.).
If you’re a public figure, you must also prove the person acted with actual malice, meaning they knew the statement was false or acted with reckless disregard for the truth.
How Social Media Changes The Game
Platforms like Facebook, Instagram, TikTok, and X (fka Twitter) allow anyone to publish information instantly, and that information can go viral in seconds. Unlike private conversations, posts on social media can reach hundreds – or even thousands – of people in a matter of minutes.
This widespread visibility means the damage to someone’s reputation can be severe and lasting. Employers, clients, colleagues, and family members may all see the defamatory content before the truth can catch up, and once it’s out there, deleting a post doesn’t necessarily undo the harm. This can even lead to personal injury claims due to the defamation.
Common Examples Of Social Media Defamation
Social media defamation can take many forms. Some of the most common include:
- False accusations of criminal activity
- Claims of unethical business practices
- Spreading harmful rumors or lies
- Posting doctored images or fake screenshots
- Allegations of abuse or misconduct without evidence
Even sharing or reposting defamatory content made by someone else could expose you to legal liability, especially if you add comments that support or encourage the original post.
What You Can Do If You’ve Been Defamed
If you believe you’ve been defamed on social media, there are several steps you should take:
1. Preserve Evidence – Take screenshots, save URLs, and document timestamps. This will be crucial if legal action is necessary.
2. Avoid Retaliating – Responding emotionally or attacking the other person online can hurt your credibility and potentially escalate the situation.
3. Contact The Platform – Most sites have a process to report abusive or false content. While they don’t solve legal disputes, they may remove the post.
4. Speak With An Attorney – A defamation attorney can help determine whether you have a viable case, what damages you may be entitled to, and how to proceed.
Can You Sue For Social Media Defamation In Texas?
Yes, you can. Texas courts recognize social media defamation as actionable under civil law. If successful, you may be entitled to monetary damages, including compensation for emotional distress, lost income due to the defamation, and damage to your reputation. In some cases, you can also seek injunctive relief to force the removal of harmful content.
It’s important to act quickly. In Texas, the statute of limitations for defamation claims is one year from the date the statement was made.
Let Us Protect Your Reputation
Your reputation is one of your most valuable assets. If you’ve been defamed online, don’t wait for the situation to resolve itself. Our experienced legal team at Brandy Austin Law Firm can help you
evaluate your options and take the right steps to protect your name and hold the responsible party accountable.
Contact us today for a confidential consultation with a lawyer who has been rated by Super Lawyers, and let’s take back control of your narrative.
