Businesses are frequently defamed by former employees, customers or even competitors. Some of the most damaging defamatory statements are those published on social media websites or online review or opinion platforms. Unfortunately, defaming a business online and injuring its reputation in the community is all too easy. A single negative review can devastate a business’s reputation and, consequently, its bottom line. If you or your business have been defamed, you may be wondering what your rights and options are, and if you have any legal recourse.
Fortunately, defamatory speech does not enjoy First Amendment protection. See, New York Times Co. v. Sullivan, 376 U.S. 254 (1964). In most states, including Ohio, a person who publishes a false statement about a business with the intent to harm the business’s reputation may be liable for damages. This includes statements made online, including on social media or review websites.
Defining Defamation: What Ohio Business Owners Need to Know
In Ohio, as in most jurisdictions, courts define defamation as a false statement of fact about a person that injures their “reputation, exposes [them] to public hatred, contempt, ridicule, shame or disgrace; or affects [them] adversely in [their] trade or business.” Sygula v. Regency Hosp. of Cleveland E., 2016-Ohio-2843, 64 N.E.3d 458 (8th Dist.), ¶ 16. Defamation occurs when a false statement about a person is “published,” and the person’s reputation is damaged as a result, provided that the statement was published with the required degree of fault.
Defamation is a nuanced area of law. For example, satisfying the cryptic “degree of fault” requirement for liability in defamation lawsuits can depend on whether or not the plaintiff is a public figure and/or whether the statement relates to the plaintiff’s business, among other things. Further, defamation claims are usually alleged more specifically as claims for “libel” or “slander, depending on whether the defamatory statement was published in writing (libel) or spoken aloud (slander). In addition, a defamatory statement can also be characterized as “defamation per se” or “defamation per quod” depending on whether the statement is defamatory in and of itself (per se) or whether it only becomes defamatory through interpretation or innuendo (per quod). Finally, defamation claims are also routinely pled alongside similar “privacy tort” claims, such as “false light defamation” or “invasion of privacy,” to name a few.
Considerations for Ohio Business Owners Contemplating Legal Action for Online Defamation
- Setting these complexities aside, if you are considering suing someone over an allegedly defamatory statement regarding your business, there are two (2) very important things to remember.
Proving False Statements: Say, for example, that a patron reviewing your restaurant on Yelp.com writes, “there was a fingernail in my linguine.” This statement is only defamatory if it is false. Proving the falsity (or truth) of something that happened in the past can be difficult, so you should gather as much evidence as possible, including screenshots of the defamatory statements and/or social media posts that include date- and timestamps, as well as witness statements, as soon as possible after the events at issue. - Proving Intentional Publication: You may be required to prove that the defamatory statements were published intentionally (i.e., with “actual malice”), which requires “clear and convincing evidence that the defendant published the statement at issue with knowledge that it was false or with reckless disregard of whether it was false or not.” Kanjuka v. Metrohealth Med. Ctr., 151 Ohio App.3d 183, 783 N.E.2d 920, 2002-Ohio-6803 ¶ 42 (8th Dist.). Proving another person’s past intentions in court is very difficult. Again, you should gather as much evidence as possible as soon as you become aware of the defamatory statements.
Legal Help for Online Defamation in Ohio
Filing a lawsuit against someone because you suspect them of defaming you or your business is a weighty decision. If you or your business have been defamed, or if you otherwise have questions about this area of the law, contact an attorney licensed to practice in your jurisdiction.
Maximilian Julian, Esq. is a partner at Gertsburg Licata. He may be reached at (216) 573-6000 or at [email protected].This article is for informational purposes only, and nothing herein constitutes legal advice. This article does not, and nothing herein is intended to create, an attorney-client relationship.
This article is merely intended to provide a very general overview of a certain area of the law. Do not rely on any information contained in this article without first consulting an attorney licensed to practice in your jurisdiction. Every person’s situation is unique; if you are wondering whether you or your business have been defamed, or if you have specific questions about any other legal matter, contact an attorney licensed to practice in your jurisdiction.
