Think Before You Post: The Legal Risks of Defamation on Social Media

In today’s digital age, social media platforms like Facebook, Twitter, and Instagram have become integral to our daily communication. While these platforms offer avenues for expression and connection, they also present significant legal risks which can complicate a divorce or other civil litigation matter if the other party claims defamation.

Defamation involves making false statements about an individual or entity that harm their reputation. Traditionally, defamation is categorized into libel (written or published defamatory statements) and slander (spoken defamatory statements). On social media, libel is more prevalent due to the written nature of posts, comments, and shares. A single post can reach thousands, amplifying its potential impact and the harm caused.

The rapid dissemination of information on social media means that defamatory content can spread quickly, causing immediate and widespread damage which could include embarrassment, reputational harm, and loss of business or employment. Public figures face a higher threshold, needing to prove “actual malice” that the statement was made knowing it was false or with reckless disregard for the truth. This can be seen in the 2025 dispute between actors Blake Lively and Justin Baldoni. 

Protecting Yourself Online

To mitigate the risk of defamation claims:

• Verify Information: Ensure the accuracy of any information before sharing or posting (e.g. address who, what, where, when). 
• Avoid Assumptions: Refrain from making statements that could be interpreted as factual assertions without evidence (e.g. the individual is unemployed vs he’s a deadbeat).
• Understand Privacy Settings: Be aware of who can view your posts and adjust settings accordingly.
• Think Before You Post: Consider the potential impact of your words on the reputation of others as well as yours.

In conclusion, while social media offers unparalleled opportunities for expression and connection, it also carries responsibilities. Understanding the legal implications of online statements is crucial. By exercising caution and thoughtfulness in our digital interactions, we can enjoy the benefits of social media while minimizing the risk of legal repercussions.

If you would like to know more defamation, please call (312) 546-5077 or janice@pinaylaw.com. Thank you for reading.  Until we meet again, love one another.

Janice