Some people do it so often it almost becomes automatic: you open social media, type out a post, and send it out to your followers without even thinking. If you want to avoid being sued for defamation, however, you might want to think twice before posting. 

Libel is a type of defamation where somebody makes false and damaging written statements about somebody (slander is libel’s spoken counterpart). While it might not seem like a big deal to just type something up and post it on your social media, you actually can get sued for libel for the things you say on social media. 

What Is Libel? 

To avoid committing libel, it’s first helpful to understand what exactly can be constituted as libel. First, the statement has to be both false and damaging. If you say something negative about somebody but it’s true, that is not considered libel. Likewise, if you say something false about somebody but it’s not damaging, that is also not considered libel. 

The statement could be damaging in a variety of ways. For example, it might damage the person’s reputation or character. It could also affect their ability to earn money or get a job. 

How to Avoid Getting Sued For Libel on Social Media 

It’s easy to post on social media without really thinking first, but doing so can get you in trouble. Sometimes, social media can embolden people to say things that they wouldn’t say to someone’s face. This is, of course, a problem. 

The first tip for avoiding getting sued for libel is to never assume the social media platform will take the fall for you. If somebody decides to sue based on a post, the lawsuit will be against the person who made the post, not the platform it’s hosted on. Social media platforms have large legal departments to protect them from things like this. They are also protected by the Communications Decency Act (CDA), which makes them not liable for things users post on their platform. 

It’s also helpful to have a basic understanding of what statements might be considered libel and what statements probably wouldn’t be. Types of statements that might be more likely to be involved in a libel claim include statements about someone’s private life, statements about someone’s work, or statements about someone’s relationships. 

For example, if you post that somebody had an affair with their boss and this is untrue, that would be considered libel. If you claim that somebody sexually assaulted you but they did not, that is also considered libel. Remember that a statement has to be untrue for it to be considered libel. So if you post any of the above statements and they are true, then they won’t be considered libel. 

On the other hand, if you just say something like “I didn’t like Taylor Swift’s outfit last night,” you probably won’t be sued for libel. A statement like this is an opinion, and it’s not something that would be damaging to their livelihood or reputation. 

Regardless of what you want to say on social media, if you aren’t sure whether what you’re about to post could be considered libel or not, it’s best to just refrain from posting. 

Examples of Libel on Social Media

There have certainly been cases where people have been sued for libel based on social media posts. For example, in 2017, one woman had to pay $500,000 in damages after she falsely claimed on a Facebook post that her rival caused the death of her child during a drunk driving accident. 

Of course, just because you get sued for libel doesn’t mean you’ll lose the lawsuit. For example, in 2019, Elon Musk won a lawsuit where he was accused of libel for calling someone “pedo guy” in a tweet. 

What to Do if You Already Posted Libel

If you already posted a statement that could be considered libel, there are some dos and don’ts as you try not to get sued. First, fall into the trap of believing you can take back any libel or defamation by deleting a post. Once you put something out there, it’s there, and you can’t just pretend it never happened. People may have already taken screenshots of it, and there are also ways of pulling up deleted posts. 

If you posted something that could get you sued for libel and you want to do your best to avoid a lawsuit, it’s better to make another post apologizing and retracting your initial comment. If you are accused of defamation or if you believe someone has committed libel against you, it’s best to refrain from getting into a back-and-forth dialogue; you don’t want to add more comments that could get pulled into the lawsuit.  

Remember that you can get sued for libel for anything that you post, too. It doesn’t have to just come from your original post. For example, if one of your coworkers posts something about your boss and then you comment on the post with an untrue and damaging statement, you can get sued for libel as a result of that comment. 

If you are facing a libel lawsuit based on something that was posted on social media, a defamation lawyer can help you navigate the next steps.