It is extremely important to quickly defend yourself from internet defamation. Some call it “mean tweets.” Others call it “cyber-bully.” No matter what you call it, when someone spreads lies about you on the internet, you need to quickly take action. California law states that the writer of an intentionally false statement can be held liable for their actions. If someone publishes lies about you on the internet and these lies lower your reputation in the community, this is known as the civil tort of libel and/or defamation.
One quick and often successful solution is to send a cease and desist letter to the writer. This is also known as a “Demand Letter.” It is simply a letter written by an attorney that states your legal rights as the victim of defamation or libel, and the consequences that the writer might face. The letter will usually conclude by stating that the writer can avoid the harsh consequences of defamation by removing the material and/or paying restitution to the victim.
Demand letters are often successful. If it is well written, it can be very persuasive and convince the writer to remove the defamatory material. It is suggested that you hire an attorney to do this for you. The writer will know you mean business and intend to file formal charges if the letter comes from a lawyer. Simply put, it will carry more weight. Most attorneys will offer this service to you for a small flat fee, and it will not bind you to hire the attorney to file a formal lawsuit. Instead, you will simply hire the attorney to write the Demand Letter for you, and if you later choose to go forward with the case, you will simply rehire the attorney, or find a new lawyer.
No matter where you live in California, Jones & Devoy can help you to write a Demand Letter and defend yourself from internet defamation. If you would like more information, please contact our office.