Social Media Slander Laws In North Carolina
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Key Takeaways. Slander is the legal term used to describe false statements made by one party against another. The subject of slanderous statements can pursue legal action against the slanderer(s).
The statement was made about or was understood to be about the plaintiff; The statement was negligently made (if the plaintiff is a “public figure” then actual malice must be shown); Actual damage naturally arising out of the statement or that the statement was slanderous per se or libelous on its face.
Generally speaking, there are two types of defamation in North Carolina: Libel - False statements in written or graphic form; and, Slander - False statements in spoken form.
Elements of Defamation The defendant made the defamatory statement to a third party knowing it was false (or they should have known it was false); The defamatory statement was disseminated through a publication or communication; and. The plaintiff's reputation suffered damage or harm.
Social media defamation can take various forms, including: Text Posts: False statements made in posts or comments. Images and Videos: Defamatory content can be conveyed through manipulated images or videos. Reviews and Ratings: False negative reviews on platforms like Google, Yelp, or Facebook.
The statement must be untrue and presented as a factual claim rather than an opinion to be defamation. Additionally, there must be evidence that the statement caused or has the potential to cause significant damage to the reputation of the individual or entity targeted.
In North Carolina, a successful claim for defamation, whether it be under libel or slander, requires the plaintiff to prove four main elements: (1) the statements are false; (2) the statements concern the plaintiff; (3) the statements were published to a third person; and (4) the statements caused injury to the ...
The plaintiff must allege that: (1) the defendant caused injury to the plaintiff's reputation; (2) the defendant made a false, defamatory statement; (3) the statement was of or concerning the plaintiff; and (4) the statement was published to a third party.
