Questions & Answers
Is online defamation illegal?
Yes, in the sense that a false statement of fact, published online, that damages someone's reputation can support a defamation claim (libel, since it's in writing) in most U.S. jurisdictions, subject to the specific state's law and available defenses. Whether a particular post crosses that line, and what remedy is realistic, depends on the specific facts and requires a licensed attorney's opinion.
Is online defamation the same as slander or libel?
Libel refers to defamation in a fixed, written or recorded form; slander refers to spoken defamation. Online defamation — posts, reviews, videos, comments — is almost always treated as libel because it exists in a fixed, written or recorded form, even when it started as something someone said on camera.
Is online defamation a 'cyber tort'?
Some commentators use "cyber tort" as an informal umbrella term for civil wrongs committed online, including defamation, but it isn't a distinct legal cause of action. A false, damaging online statement is generally analyzed under ordinary defamation (libel) law, not a separate "cyber" standard.
What's the difference between defamation and a harsh but honest review or opinion?
Defamation requires a false statement of fact. Genuine opinions ("I didn't like the service"), statements that are substantially true, and hyperbole that a reasonable reader wouldn't take as a literal factual claim are generally protected, even when they're unflattering.
What are the potential defenses to an online defamation claim?
Common defenses include truth (substantial truth is usually enough), opinion (a statement not reasonably understood as asserting a verifiable fact), privilege (certain statements in specific contexts), consent, and, in some states, anti-SLAPP protections aimed at claims that target speech on matters of public concern. An attorney can assess which defenses might apply to a specific statement.
Can you sue someone for online defamation?
Generally yes, if the statement meets the legal elements of defamation in the relevant jurisdiction and isn't protected by an available defense. Whether it makes practical sense to sue — given the poster's identity, resources, and the strength of the evidence — is a separate question from whether you legally could, and it's one worth discussing with an attorney before filing anything.
Do I need an online defamation attorney or an expert witness?
An attorney evaluates your legal claim, advises you on strategy, and represents you if you sue. An expert witness like Bill Hartzer supports that legal process on the technical side — evidence authentication, platform behavior, identification feasibility, and damages — but does not provide legal advice or representation. Many matters that end up in litigation use both.
Do you provide legal advice or represent clients in court?
No. Bill Hartzer is not a licensed attorney. This site and its services are informational and investigative/reputation-focused; for legal advice or representation, please consult a licensed attorney in your jurisdiction.
How do I remove online defamation?
It depends on the platform and the content. Options generally include reporting the content through the platform's own policy violation process, sending a cease-and-desist letter, pursuing a court order directing removal, or, where removal isn't realistic, focusing on search suppression instead. See Removing or Suppressing Online Defamation for a fuller breakdown.
How long does it take to remove or suppress online defamation?
Platform removals, when they qualify under a platform's own policy, can happen within days. Search suppression is slower and typically takes weeks to a few months to show meaningful movement, since it depends on new content earning its own visibility. Legal processes generally run on a timeline of months. Be skeptical of anyone promising an overnight fix.
What about online defamation law outside the United States?
Defamation law varies significantly by country — the UK, Australia, and Canada, among others, have meaningfully different standards than U.S. law, and some jurisdictions make it easier to prevail than U.S. law generally does. This site and Bill Hartzer's services are focused on U.S.-based matters; for defamation involving other jurisdictions, a locally licensed attorney is essential.