In our social media driven world, there is more and more content to consume. Over 500 hours of video are uploaded to YouTube every single minute. With the amount of content being uploaded it’s more than likely that at some point someone will get their feelings hurt. But are hurt feeling a reason to sue someone? Legally no. People can express their opinions, create satire, or give a reaction so anyone’s content. 99.9% of this is protected as “fair use” and (or) free speech. In order for something to be deemed “defamatory”, it must be stated or written as fact contrary to the truth. Let me give you an example. If I sell realestate, and have a license, and someone creates a video stating that I am a fake realtor because I don’t have a license, then that’s defamatory (“defamation”). If someone served in the military and was honorably discharged, and then somone posts a video calling that person a deserter, that is defamatory (“defamation”) because they are stating it as fact contrary to the truth. Public figures will have a harder time proving defamation, for the simple reason that they’re a public figure. The law applies much differently to public figures because they have a higher burden of proof and must prove actual malice.
Defamation
Defamation occurs when someone makes a false statement presented as fact that causes harm to another’s reputation. It can take two forms:
- Libel: Written defamation
- Slander: Spoken defamation
The Challenges and Drawbacks of Filing A Defamation Lawsuit
1. Financial Burden
Pursuing a defamation lawsuit involves significant costs:
- Initial filing fees ($200-500)
- Attorney retainers ($5,000-25,000)
- Discovery expenses
- Expert witness fees
- Deposition costs
- Possible appeal expenses
2. Time Commitment
The legal process is lengthy and demanding:
- Pre-filing investigation: 1-3 months
- Initial pleadings: 1-2 months
- Discovery phase: 6-12 months
- Trial preparation: 2-4 months
- Possible appeals: 1-2 years
3. The “Streisand Effect”
Filing a lawsuit can backfire by:
- Drawing more attention to the defamatory statements
- Increasing media coverage of the allegations
- Amplifying the story on social media
- Creating permanent records of the dispute
- Potentially causing more reputational damage
Why Defamation Cases Are Hard to Win
Legal Hurdles
- Burden of Proof
- Must prove the statement is demonstrably false
- Need evidence of actual damages
- Required to show causation between statement and harm
- Public Figure Standards
- Higher burden of proof for public figures
- Must prove “actual malice”
- Complex determination of public figure status
- First Amendment Protections
- Opinion statements are protected
- Fair comment privileges
- News reporting protections
Special Considerations
Digital Age Complications
- Anonymous online posts
- Social media sharing
- Jurisdiction issues with online content
- Evidence preservation challenges
- International complications
Anti-SLAPP Laws
- Quick dismissal of frivolous cases
- Potential liability for defendant’s legal fees
- Varying state protections
- Strategic considerations
Conclusion
When you hear people say “I’ll just sue them”, or “We should sue them”, just remember that 99% of the time it’s to scare you. Most defamation cases are extremely difficult to win. And even if someone can come up with the $7,000.00 – $25,000.00 amount of money to just file the suit, there is a very high probably of losing the case. Not only that, if you do win, the amount of compensation will you receive hardly ever covers the cost of the lawsuit itself. This is especially true for smaller YouTubers who file lawsuits. Not only that, most states now have rigorous “Anti-Slapp” laws that discourage filing a frivolous lawsuit, and can cause the person who is suing a substantial amount of money as they could end up being liable for the defendants legal fees.