Defamation
Defamation Litigation Attorney in San Diego
Protecting Your Reputation in the Digital Age
In today’s interconnected world, your reputation is one of your most valuable assets. Whether you’re an individual professional, business owner, or corporation, false statements can spread rapidly online and cause devastating harm to your personal and professional life. At our San Diego defamation law firm, we understand the serious impact that defamation can have on your reputation, livelihood, and future opportunities. We provide comprehensive legal representation for both plaintiffs seeking to restore their reputation and defendants facing defamation claims.
Understanding Defamation Law in California
Defamation occurs when someone makes a false statement of fact about you to a third party that causes harm to your reputation. In California, defamation law protects individuals and businesses from false statements that damage their standing in the community or impair their ability to conduct business. However, defamation law also carefully balances these protections with First Amendment rights to free speech.
There are two primary forms of defamation under California law:
- Libel refers to defamatory statements made in written or published form. This includes statements made in newspapers, magazines, books, letters, emails, text messages, social media posts, blog articles, online reviews, and any other fixed medium. In the digital age, libel has become increasingly common as false statements can be published instantly and reach a global audience within seconds.
- Slander involves spoken defamatory statements made orally to third parties. This can include statements made during conversations, at meetings, in speeches, on radio broadcasts, in podcasts, or in videos. While slander traditionally required proof of actual damages, certain categories of slanderous statements are considered “slander per se” and do not require such proof.
Elements of a Defamation Claim
To successfully pursue a defamation claim in California, several essential elements must be established:
1
There must be a publication of a statement to at least one third party other than the plaintiff. This means the defamatory statement must have been communicated to someone other than the person claiming to be defamed.
2
The statement must be false. Truth is an absolute defense to defamation, which means that no matter how damaging a statement may be, if it is substantially true, it cannot form the basis of a defamation claim. The burden typically falls on the plaintiff to prove the statement is false, though this burden may shift depending on the circumstances.
3
The statement must be one of fact, not merely opinion. While opinions are generally protected speech, statements that imply false facts can be actionable. Courts examine whether a reasonable person would interpret the statement as asserting objective facts or merely expressing subjective opinion.
4
The statement must be unprivileged. California law recognizes several privileges that protect certain communications from defamation liability, including statements made in judicial proceedings, legislative proceedings, and certain good-faith communications.
5
The statement must cause damage to the plaintiff’s reputation. For some types of defamatory statements, damages are presumed. For others, the plaintiff must prove actual harm such as lost business opportunities, damaged relationships, emotional distress, or other concrete injuries.
Online Defamation and Internet Liability
The internet has fundamentally transformed defamation law. False statements can now be published anonymously, spread virally across multiple platforms, and remain accessible indefinitely through search engines and archives. We regularly handle cases involving:
- Defamatory social media posts on Facebook, Twitter, Instagram, LinkedIn, and other platforms
- False and damaging online reviews on Yelp, Google, Glassdoor, and industry-specific review sites
- Malicious blog posts and articles
- Defamatory statements in online forums and comment sections
- False statements on websites specifically created to damage reputations
One unique aspect of online defamation involves Section 230 of the Communications Decency Act, which generally protects internet service providers and website operators from liability for content posted by third-party users. This federal law can complicate efforts to hold platforms accountable, making it crucial to identify and pursue claims against the actual individuals who created and published the defamatory content.
Defenses to Defamation Claims
If you’ve been accused of defamation, several strong defenses may be available. The most powerful defense is truth—if you can demonstrate that your statement was substantially true, you cannot be held liable for defamation regardless of the harm caused.
Opinion is another important defense. Statements that represent pure opinion rather than assertions of fact are protected by the First Amendment. However, opinions that imply false underlying facts may still be actionable.
Privilege provides protection for certain types of communications. Absolute privilege protects statements made in judicial proceedings, legislative proceedings, and certain official communications. Qualified privilege may protect good-faith communications made in appropriate circumstances, though this privilege can be lost if the statement was made with malice.
Fair comment on matters of public interest provides limited protection for commentary on public figures and matters of public concern. Public figures and public officials face a higher burden in defamation cases and must prove actual malice—that the defendant made the statement knowing it was false or with reckless disregard for the truth.
Our Approach to Defamation Cases
Whether you need to restore your reputation or defend against unfounded allegations, we bring strategic thinking and aggressive advocacy to every case. For plaintiffs, we begin by thoroughly investigating the defamatory statements, identifying all responsible parties, and preserving evidence before it disappears. We evaluate the strength of your claim and develop a comprehensive strategy that may include demand letters, cease and desist notices, negotiations, and litigation when necessary.
We understand that litigation is not always the best path forward. In some cases, attempting to sue over defamatory statements can amplify their reach and create additional unwanted attention—a phenomenon known as the “Streisand effect.” We help you weigh the potential benefits and risks of various approaches, including pursuing removal of content through platform reporting mechanisms, negotiating retractions and apologies, or seeking alternative dispute resolution.
For defendants, we provide vigorous defense against meritless claims designed to silence legitimate speech. California has strong anti-SLAPP (Strategic Lawsuit Against Public Participation) laws that protect defendants from lawsuits intended to chill free speech on matters of public concern.
Damages in Defamation Cases
Successful defamation plaintiffs may recover several types of damages. General damages compensate for harm to reputation, humiliation, and emotional distress. These damages are often presumed in defamation per se cases. Special damages compensate for specific economic losses such as lost business opportunities, decreased income, or costs incurred to repair one’s reputation.
In cases involving malicious conduct, punitive damages may be available to punish the defendant and deter similar conduct. California law allows punitive damages when the defendant acted with oppression, fraud, or malice.
Plaintiffs may also seek injunctive relief to require removal of defamatory content and prevent future publication. While courts cannot issue prior restraints on speech in most circumstances, they can order defendants to remove specific defamatory content they have already published.
Time Limits for Defamation Claims
California law imposes strict deadlines for filing defamation claims. The statute of limitations is generally one year from the date of publication for both libel and slander claims. This short deadline makes it critical to consult with an attorney promptly if you believe you have been defamed.
For online defamation, the publication date is typically when the content was first posted, not when you discovered it. However, under the “single publication rule,” each edition or publication is treated as a separate event, which can be important for determining when the statute of limitations begins to run.
Why Choose Our Firm for Defamation Matters
We bring extensive litigation experience and a proven track record to every defamation case. We understand the unique challenges these cases present, from gathering evidence and identifying anonymous defendants to navigating complex First Amendment issues and California’s anti-SLAPP laws.
Our approach combines legal expertise with practical business sense. We recognize that your goal is not merely to win a lawsuit but to restore your reputation, protect your livelihood, and move forward with your life. We work efficiently to minimize legal costs while maximizing the likelihood of a favorable outcome.
As a San Diego-based firm, we have deep familiarity with local courts, judges, and procedures. We handle cases throughout Southern California in both state and federal court, and we have the resources and relationships necessary to effectively prosecute or defend complex defamation claims.
Take Action to Protect Your Reputation
If you believe you have been defamed or are facing a defamation claim, time is of the essence. Evidence can disappear, witnesses’ memories fade, and legal deadlines approach quickly. Contact our office today to schedule a consultation where we can evaluate your situation, explain your options, and develop a strategy tailored to your specific needs and goals.
Defamation Lawyer Frequently Asked Questions:
What's the difference between libel and slander?
Libel refers to defamation in written or published form, including anything in a fixed medium such as newspapers, books, emails, text messages, social media posts, or online reviews. Slander refers to spoken defamatory statements communicated orally to third parties. In California, both forms of defamation are actionable, though they may have different requirements for proving damages. Libel is often easier to prove because the defamatory statement exists in a permanent, documented form that can be presented as evidence.
Can I sue someone for posting a negative review about my business?
Not all negative reviews constitute defamation. To be actionable, a review must contain false statements of fact that damage your reputation. Opinions, even harsh ones, are generally protected speech. For example, if someone writes “I think this restaurant has terrible service,” that’s an opinion. However, if they write “This restaurant has rats in the kitchen” when that’s false, that could be defamatory. Additionally, reviews based on actual customer experiences generally receive some legal protection. We can evaluate whether a specific review crosses the line into actionable defamation.
How long do I have to file a defamation lawsuit in California?
California has a one-year statute of limitations for defamation claims, whether libel or slander. This deadline generally begins running from the date the defamatory statement was first published or communicated to a third party. For online defamation, this typically means the date the content was first posted. This is one of the shortest statutes of limitations for any civil claim in California, so it’s critical to consult with an attorney promptly if you believe you’ve been defamed. Missing this deadline generally means you lose the right to pursue your claim.
What is the anti-SLAPP law and how does it affect defamation cases?
California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law protects defendants from meritless lawsuits designed to chill free speech on matters of public concern. If a defendant files an anti-SLAPP motion, the plaintiff must demonstrate a probability of prevailing on their defamation claim early in the litigation. If the plaintiff cannot meet this burden, the case is dismissed and the plaintiff may be required to pay the defendant’s attorney’s fees. While the anti-SLAPP law serves an important purpose in protecting free speech, it also means that defamation plaintiffs must be prepared to present strong evidence supporting their claims from the outset.
Can I sue for defamation if someone shares or republishes someone else's defamatory statement?
Generally, yes. Under California law, anyone who republishes a defamatory statement can be held liable, even if they didn’t create the original content. This includes people who share, retweet, or repost defamatory content on social media. However, there’s an important exception: Section 230 of the federal Communications Decency Act generally protects internet platforms and service providers from liability for content posted by third-party users. This means you typically cannot sue Facebook for hosting a defamatory post, but you may be able to sue the individual who shared or republished it.
What damages can I recover in a defamation lawsuit?
If you successfully prove defamation, you may recover several types of damages. General damages compensate for harm to your reputation, emotional distress, and humiliation. For defamation per se (statements about criminal activity, having a loathsome disease, professional incompetence, or sexual misconduct), these damages are presumed. Special damages compensate for specific economic losses like lost income, lost business opportunities, or costs to repair your reputation, though these require proof. In cases involving malicious conduct, you may also recover punitive damages to punish the defendant. Additionally, courts may order injunctive relief requiring removal of defamatory content.
Is it defamation if someone calls me a liar or says I'm dishonest?
This depends on context. General name-calling and epithets like “liar,” “jerk,” or “dishonest” are often considered non-actionable opinion, especially if they’re made in a heated argument or emotional context. However, if someone makes a specific false statement about you lying about particular facts, and implies you lied about objective matters in a way that damages your reputation—especially in a professional context—that could be defamatory. Courts look at whether a reasonable person would understand the statement as asserting provable facts or merely expressing subjective opinion. Professional accusations of dishonesty in business dealings are more likely to be actionable than general insults.
Can a business or corporation sue for defamation?
Yes, businesses and corporations can sue for defamation, though the analysis differs somewhat from individual defamation claims. Businesses must show that false statements harmed their commercial reputation or deterred others from doing business with them. Trade libel or product disparagement claims involve false statements about a business’s products or services. However, businesses that are public figures face a higher burden and must prove actual malice. Additionally, business defamation claims often focus more heavily on proving economic damages, such as lost customers, decreased revenue, or damaged business relationships.
What should I do immediately if I discover defamatory content about me online?
First, preserve evidence by taking screenshots or saving copies of the defamatory content, including URLs, timestamps, usernames, and any comments or shares. Document the context and all instances where the content appears. Second, consult with an attorney before taking any action, as your response could affect your legal options. Third, avoid engaging directly with the person who posted the content, as this could escalate the situation or create additional evidence. Fourth, be mindful of the one-year statute of limitations for defamation claims in California. Finally, consider that in some cases, attempting to suppress content can draw more attention to it, so it’s important to develop a strategic response with legal guidance rather than reacting emotionally.
Awards
Awards for very high ratings in both legal ability & ethical standards
