Defamation on Facebook and social media: how to defend yourself
Have you been targeted by an offensive post, false accusations or content that harms your online reputation?
Acting quickly is essential to protect your image and to assess the most effective legal remedies.
STUDIO PENALE BELLAVISTA
Defamation on social media is an increasingly common problem. Public posts, comments and shares on Facebook or other platforms can rapidly damage the reputation of an individual, a professional or a company.
Defamation on Facebook may amount to the offence set out in Article 595 of the Italian Criminal Code and, where the content is published publicly, it may qualify as defamation aggravated by the use of a means of publicity.
When online content goes beyond the limits of criticism and becomes an attack on reputation, it is important to act immediately.
has any of this happened to you?
You have found a post on Facebook containing false accusations about you.
Someone has published offensive comments against you or against your business.
You have been attacked in a group, on a page or under a public post.
A former customer, a competitor or an acquaintance has spread content that harms your reputation.
You have reported the content to the platform, but it is still online.
You thought it was “just a comment”, but the damage to your image is growing.
When a social media post can become defamation
Fake reviews and defamation: a real problem
The right to criticise exists, but it is not without limits. To be legitimate, criticism must respect the truthfulness of the facts, restraint in expression and relevance.
Where, instead, content attributes untrue facts, uses offensive language or harms a person’s reputation in front of several people, the matter may become criminally relevant.
This applies to Facebook and the other social networks too, where the spread of content can amplify the damage very quickly.
The legal remedies available
- Criminal complaint (querela): A criminal complaint is often the first step. The offence of defamation is prosecuted only on complaint by the injured party, to be filed within three months of becoming aware of the facts.
- Formal cease-and-desist letter: It can be sent to the author of the content and, if necessary, to the platform as well, seeking an end to the conduct and the removal of the harmful content
- Removal request: The platforms have internal reporting procedures, but in the most serious cases these measures may not be enough.
- Intervention by the courts: Where necessary, a court order can be sought to have the content removed or to identify the author, even where they are hiding behind a fake or anonymous profile.
What to do immediately
• Do not reply on impulse.
• Save screenshots, links, the date, the time and the profile name.
• Keep any messages, comments and shares.
• Do not rely on the platform’s internal reporting alone.
• Request a legal assessment of your case straight away.
How we can help you
Studio Penale Bellavista assists those whose online reputation is under attack, assessing the content published, how widely it has spread, its possible criminal relevance and the most suitable means of taking action.
Every case calls for a specific assessment, because every word published on social media can carry a precise evidential value.
The aim is to establish straight away:
- Whether the content may amount to defamation;
- What evidence should be properly collected;
- How to proceed in seeking removal;
- Whether the conditions are met for a criminal complaint and further legal action.
Why choose Studio Penale Bellavista