Resources regarding online harassment, defamation and libel

DISCLAIMER: The information provided on this web site does not, and is not intended to, constitute legal advice instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

If you are going to write anything online, from a blog to a blog comment to a Facebook post to a Facebook comment, even a caption on a photo, you could become a target for online harassment - insulting posts on social media that call you out by name, insulting comments in reply to your posts on social media and blogs and online communities, down votes on communities that allow such, text messages that criticize you, your work, your family, etc.. You could even be subjected to a threat of a lawsuit for defamation and libel.

In fact, this is true offline as well: if you are going to publish something on paper, or speak words, out of your mouth or through American Sign Language, or deliver a message through interpretive dance or a sculpture or painting or whatever, you could become a target for offline or online harassment, and you could be subjected to a threat of a lawsuit for defamation and libel if its published and for slander if it's verbal.

Laws vary country-to-country regarding what constitutes harassment, defamation, libel, slander and even blasphemy. In fact, laws change frequently year-to-year within countries. The only way to have them most up-to-date information about what laws are and how they are being interpreted by the courts is to be in touch with a lawyer or legal researcher who regularly researches and writes about these subjects. And the web page you are reading now is absolutely no substitute for that whatsoever.

It would be horrible if people were so upset at the thought of being harassed, and so scared of being accused harassment, defamation, libel, slander and even blasphemy, that they were afraid to say anything, including opinions and criticisms and even questions. But that is, indeed, what is happening, particularly with women.

Research tells us that women may be left with little option but to resocialize their own values or suitably self-govern their online presence to live within hyper-visible lakshman-rekhas (lines of propriety in women’s conduct that must not be crossed) of performative online modesty. Misogyny in digital spaces directly impacts women’s rights with consequences for their physical, emotional, mental, economic, reputational, and aspirational lives... digital spaces proliferate subterranean male networks and ‘bro clubs’ that are always ready to strike... Cyberspace has thus engendered a new masculine that terrorizes women if they dare to assert their public selves. This targeted hate against women impacts the inclusiveness of the online public sphere through the chilling effect it creates for women’s public participation. -- from "Articulating a Feminist Response to Online Hate Speech: First Steps", from Bot Populi, October 9, 2020.

For those who are active online, even if you think your subject matter is completely benign - blogging about ethics in volunteer engagement, or model trains, or the importance of tree planting, or changes in the Girl Scouts of the USA programming, or kitschy Christmas decorations, whatever - you could be the target of online harassment and accusations of defamation, and even a lawsuit. And unlike what we've all been taught in movies, being truthful is NOT an automatic slam-dunk defense against a defamation suit.

Below are resources both on defamation and libel, followed by resources on dealing with online harassment. But in presenting this, I don't want to scare people, particularly women, off of online spaces. The overall tone of my web site is, I hope, one of empowerment, not of fear and danger. I do not want to support the idea that women will be safe online if they do not put themselves in unsafe situations online — and places the onus of safety, through self-policing, on women themselves. I hope none of this stops anyone from being bold and innovative, even thought-provoking, online.

Understanding Defamation

The information provided on the web site you are reading now does not, and is not intended to, constitute legal advice instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

The links in this section go to other web sites over which I have no control:

Explanation of "Defamation" from the Digital Media Law Project - a project of Harvard University’s Berkman Center for Internet & Society.

Defamation: what it is and how to deal with it.

Oregon Bar Association explanation of libel and slander.

I’ve been sued for defamation - how do I defend myself against a defamation claim, (Virginia perspective).

How to prove defamation, libel, slander, etc. in Oregon (published by NOLO).

Blogger’s Guide to Online Defamation.

Defamation laws made simple

the most common legal arguments that might be used to defeat a defamation claim.

These seven "Internet Defamation In Focus" videos offer an excellent primer on defamation. Each video is about a minute long. This is attorney Joe Meadows in Virginia.

What if you are threatened with a lawsuit?

The links in this section go to other web sites over which I have no control:

Advice: What to expect when you’re accused of defamation.

I’ve been sued for defamation - how do I defend myself against a defamation claim, (Virginia perspective)

Also see How to Stop A Frivolous Lawsuit and Deal with Litigious People.

Also, if you are an individual or tiny business and need to find a lawyer to defend yourself against a claim of defamation:

Contact all of your friends and ask each of them if they know any local lawyer who deals with civil lawsuits, including personal injury, and if they would recommend such.
Type defamation lawyer and your state name, or the name of a large city near you, into Google and read the results.
Ask your local public library if they could help you find the name of such.
See if your state's bar association has a lawyer referral program and use it.

Be aware that you may need to contact dozens - yes, dozens - of lawyers to find one to represent you. One of the reasons it's so hard to find a lawyer for a defamation case is that lawyers really don't like representing clients in defamation suits because they usually don't get a payout: the person or business being sued (you) doesn't have a lot of money to hand pay for a lawyer, the person or business being sued (you) probably doesn't have insurance that covers the costs of being sued, and a counter suit, however likely you are to win such, is usually too expensive for such a plaintiff and the person initiating the defamation lawsuit doesn't have insurance that would cover a big payout in a countersuit (with a percentage going to the lawyer) if you win.

Dealing With Online Harassment?

I defer utterly to this resource regarding how to deal with online harassment - I have found it very helpful myself:

Online Harassment Field Manual
Writers and journalists, particularly women, are facing unprecedented levels of online hate and harassment. PEN America has created a digital field manual that has strategies and resources that writers and journalists, their allies and their employers can use to defend against cyber hate & online abuse. PEN America is a registered 501(c)(3) organization. PEN America works to ensure that people everywhere have the freedom to create literature, to convey information and ideas, to express their views, and to access the views, ideas, and literatures of others. Its members are a nationwide community of more than 7,200 novelists, journalists, nonfiction writers, editors, poets, essayists, playwrights, publishers, translators, agents, and other writing professionals, as well as devoted readers and supporters who join with them to carry out PEN America’s mission. Online Harassment Field Manual chapters include:

Prepare for Online Harassment: Tactics, tips, and guidelines for protecting your online presence and accounts.
Respond to Online Harassment: Strategies for response, including assessing threats, navigating social media and email, deploying cyber communities, and practicing counterspeech.
Practicing Self-Care: Advice for practicing self-care and maintaining community during online harassment.
Legal Considerations: What to expect when turning to law enforcement during online harassment.
Requesting and Providing Support: How-to guides and helpful information for targeted writers, their allies, and their employers.
About Online Harassment: What is online harassment, what forms does it take, and why is it a free expression issue?

Resources Against Stalking/Cyberstalking from WomensLaw.org
Excerpt: Cyberstalking is a term that refers to the misuse of the Internet or other technology to stalk and harass someone. A stalker may contact you by email, social media sites, a messaging app, or through other online spaces/websites. The person may also post messages about you, share your personal information or pictures of you online to harass or scare you. Some stalkers may use technology to find/track your location and to monitor what you do online (or offline). Even if your state does not have a criminal law specifically against “cyberstalking,” in most states, the act of repeatedly contacting or harassing a person through the Internet or other technology is still considered a crime under the state’s stalking or harassment laws. It’s important to know that even if you were originally okay with the person contacting you, if his/her behavior begins to scare you, it may be considered stalking/cyberstalking. To read your state’s specific laws, you can go to our Crimes page - just enter your state in the drop-down menu and click “Enter.”

The Psychology of Online Trolling
Specifically, the section "What can you do about trolling?"

Tall Poppy. A Twitter account focused on safety in the online world for employees. If you have employees or volunteers doing ANYTHING online whatsoever, you need to be following this account and learning how to protect and support them. Also has an excellent associated web site with a lot of great advice and resources. They have a list of curated resources as well regarding online harassment, stalking, trolling and more.

Resources regarding online harassment, defamation, libel & cyber stalking

Understanding Defamation

What if you are threatened with a lawsuit?

Dealing With Online Harassment?

Resources regarding online harassment,
defamation, libel & cyber stalking