Disclaimer: This article is for informational purposes only. Don’t use it in place of professional legal advice. Since laws vary by region and industry, contact a lawyer for legal advice for your unique situation.
As a website owner, defending against claims of libel and defamation is something that it’s important to take seriously.
Learn about defending against libel and defamation claims as a website owner — explore the laws surrounding these issues, how they apply to website content, and ways to monitor AI content to avoid defamation and libel. Then, find an overview of common legal defenses for libel and defamation claims.
Defamation occurs when an individual makes false statements that are damaging to someone else’s reputation. If these statements are verbal, then they’re slander. And if written, they’re libel.
According to the Legal Information Institute, there are four essential elements to a defamation case:
If false, harmful statements are said in a video post, that would be slander. However, if they’re written on your website, then they’re considered accusations of defamation and libel.
Further, if they take place on the internet, they’re online defamation and cyber-libel.
If you didn’t create and publish the allegedly defamatory comment on your website, who is at fault? It depends on the situation.
If the accuser finds the libelous statement in the comments section of one of your posts, Section 230 of the Communications Decency Act indicates that you’re not liable, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
Since “interactive computer service” can apply to blogs, forums, and sites with user reviews, you may not be held responsible for what other people post on your website, even if you’re moderating them.
However, this only applies to third parties. If an employee posts a libelous statement, then you may lose the protections under the Communications Decency Act.
Note: Always refer to a lawyer for legal advice pertaining to your particular situation.
If artificial intelligence is responsible for the libelous content, then things aren’t as straightforward. AI technology is so new that the legal industry is still catching up with the rules and regulations surrounding its use.
With cases like Walters vs OpenAI in progress though, there should be more clarity on the relationship between AI and defamation in the near future.
Laws are still adapting to AI, so as a precaution, operate under the assumption that you are liable for the AI-generated content you publish. It's hard to prove that AI made statements with malicious or negligent intent — necessary elements of a defamation case.
To protect your website and avoid potential AI-generated issues:
Taking steps to ensure that you review AI content can help avoid potential issues later on.
Some of the most common legal defenses against libel and defamation cases involve:
Let’s take a closer look at each of these below.
A statement isn’t typically defamatory if it’s true, so it’s a common legal defense. When defending a true statement in a defamation case, consult with your lawyer for advice.
Note: If a statement contains minor mistakes, it falls under the category of substantial truth, which may still be considered truth — depending on the case.
When it involves presenting a false statement as fact, an opinion isn’t usually defamatory. However, this can vary depending on the situation.
For example, let’s say you publish a statement like “I think [person] is rude”. This is typically considered an opinion, and further, the definition of what is “rude” varies.
However, if you write a post that says something like “I think that [person] is embezzling money from their company,” the opinion defense may not apply. In this case, the statement about embezzling can be proven or disproven and could seriously harm the person’s reputation.
Absolute privilege means that in certain contexts, you can’t be held liable for libelous statements. This defense often applies in a legal context to allow people to speak freely on important subjects.
For example, if a witness makes a libelous statement during a trial, they will likely qualify for absolute privilege.
If it’s proven that the statement was made in good faith, then the qualified privilege defense may apply. For example, creating content to warn others of potential harm or danger.
Note: This doesn’t mean that untrue information can be published, qualified privilege typically doesn’t cover lies or malicious statements. Speak to a lawyer for legal advice about qualified privilege.
Removing a defamatory statement from a website is retraction and can be included in a defense. However, it might not offer complete protection from a lawsuit. Many states have retraction statutes that reduce the liability for the defendant.
The rules vary by state, so it’s best to speak with an expert in defamation law to see how retraction could apply to a case.
While there are legal defenses for dealing with accusations of libel and defamation, it's best to avoid these claims in the first place. Publish content that complies with laws, use an AI content checker to identify and review AI content, and commit to publishing fair and accurate information.
Always consult with a lawyer for legal advice that pertains to your particular case or situation.
