Can Posts Made on Facebook Be Defamatory?

What is Defamation?

Firstly, posts made on Facebook can be defamatory. Defamation can happen when someone implies or communicates something about you that negatively affects you, or your business’s reputation. For instance, a post made on Facebook accusing you of violence or criminal activity could be defamatory.

Common law and Uniform State and Territory laws govern defamation. In general, for a post made on Facebook to be defamatory, a series of things have to be proved. 

Generally, the post in question must:

• Be viewable by third parties and published on Facebook
• Identify you or your business (small businesses only)
• Be defamatory, intentionally or not. In general, that means it has to negatively affect your reputation or what people think of you.

Defending Defamation

It’s important to note that the person who made the post can argue that the statements about you were true. However, they need to be able to prove this. Furthermore, they could defend a defamatory statement is to claim qualified or absolute privilege or fair comment.

How can Posts Made on Facebook be Defamatory?

Overall, if a Facebook post makes people have a lesser opinion of your reputation it might be defamatory. It can be through a photo, video, drawing, text or other medium. Additionally, sharing someone else’s defamatory material might also be considered defamation. 

Think You’ve Been Defamed on Facebook?

Firstly, read our guide on what to do if you think you’ve been defamed. In summary, the steps you could take are:

1. Ask the person who posted the Facebook post to take it down. This could help you avoid a disagreement or complex legal issue. Furthermore, it’ll prevent negative comments appearing about you or your business.
2. Additionally, you can report the post to Facebook. Facebook’s reporting processes are available to all users. This is a good way to ensure the content doesn’t stay online and harm you or your business.
3. Alternatively, you can take legal action. There are situations where taking legal action could be important for you or your business.

If you choose to take legal action, we recommend getting a lawyer’s assistance. Find a defamation lawyer on our online market place!

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.