Ways to Avoid Libel When Posting on Social Media

Libel Tip Sheet

Information travels quickly in today’s digital age. It is important to cautious and vigilant when posting on social media so as to avoid any potential legal pitfalls. This tip sheet provides some basic points to keep in mind with respect to the legal issue of libel and social media.

Brief Description of Libel Law

Libel is best defined as the publication of a false statement that damages a person's reputation. It is a written or printed form of defamation, as opposed to slander, which is spoken defamation. To be considered libelous, a statement must be false, damaging, and unprivileged (Ullah & Badshah, 2022).

How Libel Law Applies to Social Media Use

Social media platforms are not immune to libel laws. When you post or share content online, you are effectively "publishing" it, and if that content contains false information that harms someone's reputation, you could be held liable (Morrow et al., 2022).

Examples of this abound and include but are not limited to the following social media type activities:

1. Retweets and Shares: Sharing or retweeting a libelous statement can be as legally consequential as making the statement yourself. For instance, if you retweet a false claim about a competitor's product, you could be held liable for defamation.

2. Comments and Replies: Posting false accusations in the comments section of a post, even if you're responding to someone else, can be grounds for a libel claim.

3. Memes and Graphics: Creating or sharing a meme that contains false information about an individual or company can also be considered libelous.

Five Best Practices Pertaining to Libel Law and Social Media Use:

Fact-Check Before Posting

Always verify the accuracy of the information before sharing or posting. Why? Spreading false information, even unintentionally, can harm reputations and lead to legal consequences.

Avoid Making Absolute Statements

Use language that is non-absolute and non-accusatory, especially when discussing controversial topics. Why? Absolute statements can be easily challenged and can make you more vulnerable to libel claims. If there is no clear consensus on the matter, it is best to avoid staking yourself to a position.

Think Before Sharing or Retweeting

Just because someone else posted it doesn't mean it's true or safe to share. Why? Sharing or retweeting a libelous statement can be as legally consequential as making the statement yourself. Even if you did not originate the statement, if you share it you could be held culpable in the eyes of law with respect to libel.

Monitor and Moderate Comments

Regularly review comments on your posts and remove any that could be considered defamatory. Why? You might not be directly responsible for what others post; however, if you allow libelous comments to remain on your page, it can reflect poorly on your brand and it can also potentially involve you in legal disputes (Morrow et al., 2022).