Can I sue for defamation over a social media post?
My picture was posted in a Facebook “exposing cheaters” group (33k members, including coworkers, family, friends). The post is completely false and has no proof. I asked the admins to remove it, but it’s still up. Am I within my rights to file for defamation?
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Identifying the poster can be done by filing a “John Doe” suit and subpoenaing Facebook for the IP address used (Fed. R. Civ. P. 45).
Hire a local attorney—defamation suits are tricky and courts are cautious. If your goal is removal, you could send a demand letter to the group administrators instead of suing the poster.
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My picture was posted in a Facebook “exposing cheaters” group (33k members, including coworkers, family, friends). The post is completely false and has no proof. I asked the admins to remove it, but it’s still up. Am I within my rights to file for defamation?
Lexi, Chatbot
I’m sorry you’re dealing with this. Have you documented the post and your interactions with the admins?
Yes.
Lexi, Chatbot
Have you noticed specific harm—emotional distress or damage to your reputation?
Both.
Lexi, Chatbot
Do you know who posted the photo?
I have suspicions, but the poster used an anonymous name.
Elizabeth
Hi, I'm Liz and I'm an attorney. When did you reach out to the admins?
Last night and again this morning. We got a notification that our report was rejected.
Elizabeth
Did they say why?
No—just “the report has been rejected.” People I work with are reacting and commenting. The post claims I’m on dating apps and cheating on my wife, without proof.
Elizabeth
For defamation, you’ll need to show the statement is false. Do you have proof you’re not on dating apps?
Yes. Apple provides a 90-day app download history, and I haven’t had any dating apps on my phone (or a profile) for the past 3 years. I can show the last download date was years ago. The post was made 5 days ago.
Elizabeth
Identifying the poster can be done by filing a “John Doe” suit and subpoenaing Facebook for the IP address used (Fed. R. Civ. P. 45).
Hire a local attorney—defamation suits are tricky and courts are cautious. If your goal is removal, you could send a demand letter to the group administrators instead of suing the poster.
I’d like to send a demand letter to the admins. This is really upsetting for me and my wife.
Elizabeth
Understood. If you did sue, damages could be possible, but the stress may outweigh it.
How do I send a demand letter to the admins?
Elizabeth
Do you know where they’re located?
There are multiple admins in different states. I don’t have their exact addresses.
Elizabeth
If you have addresses, you can send cease-and-desist letters. Otherwise, you can send formal notices via the platform, email, or any available business/contact addresses while you work to identify mailing addresses.
Would it be possible to also send a cease-and-desist to those involved in posting?
Elizabeth
Yes—if you have their addresses, you can send the letters.
Awesome. Thanks for your help, Liz. I appreciate it.
Elizabeth
You’re very welcome.
Elizabeth
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