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Thursday, December 24, 2015

Defamation vs Malicious Falsehood

What's the difference between Defamation and Malicious Falsehood?

There are several key differences that distinguish malicious falsehood from defamation.  While both involve damage resulting from the publication of lies, defamation deals primarily with reputation damage, whereas malicious falsehood involves publications that result in financial damage. View the document below for a more detailed introductory explanation of defamation vs malicious falsehood.



All about Internet Defamation of Character by Remove Online Information

Friday, July 25, 2014

Can You Face Criminal Charges or be Sued for Internet Slander?

State Laws and Statutes on Internet Slander



Can someone who slandered a person or company online face criminal charges? 

Whether one who is guilty of slandering another online can be criminally tried depends on their state's laws on criminal libel.  

Slandered?

1. In what state did the slanderer live in when he made the slanderous post?

There are 20 U.S. states with no laws criminalizing web defamation.  If the slanderer was a resident of any of these states (listed below) its unlikely he or she can be brought in on criminal charges.

Criminal Libel Statutes

Below is a list of States with no criminal slander laws for the internet (i.e. web defamation statutes) as of the publication date of this post.

  1. Alaska - No statute.
  2. Arizona - No statute.
  3. Arkansas - Arkansas repealed its criminal libel statute in 2005.
  4. California - No statute.
  5. Connecticut - No statute.
  6. Delaware - No statute.
  7. District of Columbia - The District of Columbia repealed its criminal libel statute in 2001.
  8. Hawaii - No statute.
  9. Indiana - No statute.
  10. Maine - No statute.
  11. Maryland - No statute.
  12. Missouri - No statute.
  13. Nebraska - No statute.
  14. New Jersey - No statute.
  15. New York - No statute.
  16. Oregon - No statute.
  17. Pennsylvania - No statute.
  18. Rhode Island - No statute.
  19. Tennessee - No statute.
  20. Texas - No statute.

Can you file a lawsuit against the slanderer?

The time limit to file a defamation lawsuit is set by the statute of limitations in your state (see the table below).

2. How long ago did the internet slander take place?

Most states have a statute of limitations on internet slander that ranges from 1 to 3 years.  Check the table below to see how long the statute of limitations for internet slander is in the slanderers state of residence.

If the slander happened over three years ago then, because no state has a statute of limitations that exceeds three years, the slanderer is in the clear when it comes to being sued for defamation of character.