Definition
A legal claim based on asserting something about a person that is shared with others and which causes harm to the reputation of the statement’s subject (the legal elements and applicable defenses vary by jurisdiction).
Background
Defamation involves the act of damaging someone’s reputation through false statements or communications. Online, defamatory content can spread rapidly across social media platforms, blogs, and web sites, causing significant harm to individuals or organisations. The distinction between expressing an opinion and making a defamatory statement lies in the assertion of false facts that can harm someone’s reputation. Legal definitions and thresholds for defamation vary by jurisdiction, complicating the moderation of such content on global platforms.
Challenges
Understanding the legal nuances of defamation, which can vary significantly across different jurisdictions, can be complicated. You may be required to distinguish between defamatory statements and legitimate criticism or opinion, which is often subjective and context-dependent. The first thing to do is compare the content to your community guidelines. If the content clearly violates stated policies, the moderator should follow the established procedures. It may be feasible to remove the content for an existing rule without having to determine defamation.
Moderators should consider whether the content is an opinion (which is generally protected) versus a statement of fact that could be defamatory. However, moderators are not judges or legal experts, and determining the truth of a statement can be complex and outside their purview.
If the content’s defamatory nature isn’t clear-cut or it doesn’t explicitly violate platform rules but the complainant insists it’s defamatory, moderators can guide the individual on how to proceed. This might include advising them to contact the poster directly to request the removal or correction of the content, if safe and appropriate to do so. Inform the complainant that the platform cannot adjudicate legal matters such as defamation, and recommend they seek legal advice. A lawyer can provide guidance on whether the content is defamatory and what legal actions can be taken. Advise the complainant to document the content and any communications or impacts related to the defamation claim, as this could be important if they decide to pursue legal action.
Ensure that all actions and communications respect the privacy and confidentiality of all parties involved.
Example Rule
Defamatory content, defined as false statements made with the intent of harming an individual’s or organisation’s reputation, is prohibited.
Discussion
Discuss this label in the Defamation forum.
