Your reputation is one of your most valuable assets. Unfortunately, with the Internet and social media helping unverified claims go viral, it only takes one false review, post, or accusation to jeopardize your personal or professional standing. The consequences can be both emotionally and financially damaging.

If you have experienced defamation of character, there are legal steps you can take. Here is what you should know to protect yourself and your reputation. 

What Constitutes Defamation of Character?

Defamation of character occurs when someone makes a false statement about you or your business to a third party that causes harm to your reputation. In Pennsylvania, defamation is governed largely by case law, but key features include:

• Statute of Limitations: You generally have one year from the date the defamatory statement was made to file a lawsuit (42 Pa.C.S. § 5523(1)).
• Public vs. Private Figures: If you're a public figure, like a politician or a local celebrity, you must prove that the statement was made knowingly false or with reckless disregard for the truth.
• Defamation Per Se: Pennsylvania recognizes defamation per se, where certain false statements are so inherently damaging that harm is presumed. These include:
• Allegations of a serious crime
• Accusations of sexual misconduct
• Claims that could harm someone’s business or profession
• Statements implying a person has a "loathsome disease"

If a person states something negative about you or your business that is true, there is no defamation. To have a defamation case, your situation needs to meet its legal definition by having several key elements:

• A False Statement Was Made: Truth is an absolute defense to defamation. The statement must be demonstrably false.
• The Statement Was Presented as a Fact: Opinions, even harsh ones, are generally not considered defamatory and are protected by the First Amendment.
• The Statement Was Communicated to Others: If the statement is never shared with anyone else, it does not constitute defamation. You need to show that they shared a defamatory statement about you with others, not just with you privately. 
• The Statement Caused Harm: This may include loss of income, emotional distress, or damage to personal or professional reputation. 

Defamation can occur in various settings. This could be when someone posts a social media post about you, reviews your business online, or shares workplace gossip. Even if they did not intend to damage your reputation or cause financial or emotional harm, they can still be liable for defamation of character. 

Libel vs. Slander: What Is the Difference?

Understanding the difference between libel vs. slander can impact the way your case is approached and the kind of evidence needed to support it. Though often used interchangeably, libel and slander are two distinct forms of defamation.

Libel refers to defamatory statements that are written or published. For example, if someone makes a post on LinkedIn accusing you of stealing from your place of work, this could be a case of libel. Libel is considered more harmful because it creates a permanent record and has the potential to reach a wide audience.

Slander refers to spoken defamatory statements. These might occur in a speech, podcast, or even a private conversation if shared with others. Because spoken words are more fleeting, proving slander can be more challenging, though still actionable under the law.

How Does Defamation of Character Affect You?

The impact of defamation can be devastating on a personal and professional level. If left unaddressed, defamatory content can continue to harm your reputation for years. That's why acting promptly and consulting with a legal professional who can help mitigate the damage is crucial.

Some common consequences include:

Emotional Distress

Being the subject of a false and damaging statement can seriously affect your emotional well-being. People often experience anxiety, depression, stress, and even shame, especially when they feel powerless to correct the narrative that many people believe as fact.

For example, a teacher may be falsely accused of having inappropriate relationships with students. Although the school board finds no evidence of wrongdoing, there may be lasting consequences. They find their colleagues and students hostile, and the resulting stress leads to insomnia, therapy, and a leave of absence.

Loss of Income or Business Opportunities

One of the most tangible impacts of defamation is financial harm. This can be a small business owner, employee, or public figure whose ability to earn is impacted negatively by false statements. 

For example, an unhappy diner may write an online review claiming a restaurant uses expired ingredients. It goes viral, resulting in a drop in reservations. The restaurant has an existing catering contract with a large corporate client, which they canceled due to the viral rumors. This results in thousands of dollars in losses, impacting the business financially. 

Damage to Relationships

Defamation can erode trust among friends, family, colleagues, and social groups. When lies are believed or simply not challenged, the target of the statement may face isolation, judgment, and tension in both personal and professional relationships.

For example, a woman’s ex-partner reaches out to her friends and relatives, falsely claiming she is an unfit parent. This leads to family members becoming suspicious, questioning her parenting choices, and distancing themselves from her. 

Public Humiliation

When defamation occurs online or in public forums, the humiliation can feel overwhelming. False accusations can spread rapidly across social media, news sites, or community pages, and they’re often difficult to erase.

For example, a video of someone making a racist outburst goes viral online. One user mistakenly identifies the person. Even if they are not involved and are later publicly exonerated, it is difficult to undo the damage, and thousands of users have linked that person to the event. 

What Are the Legal Remedies for Defamation of Character?

In Pennsylvania, defamation law recognizes the serious harm that false statements can cause. Several reputation protection laws provide several legal remedies for defamation. 

Cease and Desist Letters

This is often the first step. A cease and desist letter formally demands that the defamatory party stop making false statements and remove any existing defamatory content. While not a lawsuit, it serves as a strong warning and can often resolve the issue without litigation. It also creates a written record that you objected to their statement. 

Retraction and Apology

Under Pennsylvania law, if a defamatory statement is published in a media outlet, a retraction may reduce the damages available to the plaintiff. While the law doesn't always require a retraction, it may help demonstrate the defendant's willingness (or refusal) to correct the record. Courts also have the discretion to order retractions or corrections in certain judgments.

Monetary Damages

In a Pennsylvania defamation suit, you can seek compensation for various types of damages:

• Actual Damages: Financial losses caused by the defamatory statement. For example, a professional experienced lost clients due to defamation, or a business saw significant revenue loss.
• General Damages: This could be due to emotional distress, humiliation, and damage to your reputation. Because these are intangible, your defamation attorney may recommend a reasonable amount to set.
• Punitive Damages: These are awarded when the defendant acted with actual malice or reckless disregard for the truth.

Injunctive Relief

Although courts are often cautious about restricting speech due to First Amendment concerns, in clear cases of proven defamation, Pennsylvania courts may issue injunctions to:

• Prohibit further publication of defamatory material
• Compel the removal of online content or statements

Injunctive relief is more likely when the content is false, harmful, and there is a risk of ongoing or repeated publication.

Online Content Removal

For online defamation, courts may issue orders requiring platforms or websites to remove harmful content. While tech companies often resist content removal, legal intervention can make a significant difference. 

Pennsylvania law doesn’t give you direct power to force platforms like Facebook or Google to remove content. However, a court order may compel a website or publisher to do so.

Why You Need an Experienced Defamation Attorney

Defamation cases are complex and may not always be clear-cut. Navigating reputation protection laws, understanding libel vs. slander, and exercising your rights to safeguard your reputation can be challenging. It requires a deep understanding of relevant laws. 

Here’s why working with an experienced defamation attorney at Very Law is essential:

• Strategic Evaluation: We assess the strength of your case and the most effective legal remedy. You might not have a case of defamation, but you might have other legal claims, like if private information was illegally disclosed or the truth was shared out of context.
• Timely Action: Defamation claims often have short statutes of limitations, so timing is critical. We know how personal defamation cases can be. Our team is compassionate, respectful, and focused on restoring your peace of mind.
• Proven Advocacy: We’re not afraid to take your case to court. Our defamation attorneys are skilled litigators who prepare each case meticulously. From negotiation to litigation, we handle every aspect of your case with professionalism and integrity.
  

Protect Your Personal and Professional Reputation

No one should have to endure the pain of a damaged reputation due to false and harmful statements. At Very Law, we are committed to standing by your side and fighting to restore your reputation. 

If you've been a victim of defamation, we encourage you to contact Very Law today to schedule an initial consultation and take the first step toward reclaiming your good name.