What legal action can I take if someone is slandering my business online?
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If someone is slandering your business online, you may have multiple legal options available to address the issue. Depending on the jurisdiction, there are a few primary claims that one can make against another person for defamation or slander. These include a claim of libel - which is when false statements are made in writing and published; and a claim of slander - which involves oral communication of false statements.
Under most laws, you can bring an action against someone who has defamed or slandered your business if they have damaged its reputation through their false statement(s). To prove that they’ve done so, it must be shown that: (1) the statement was false; (2) it was communicated to at least one other person than yourself; (3) it injured your reputation; and (4) in some cases, either actual malice or negligence was involved in making the statement.
You may also have a potential cause of action for interference with prospective economic advantage if harm has been caused by preventing customers from doing business with you as intended due to maliciously false content provided about your company. Interference with prospective economic advantage generally requires proving four elements -- intentional interference by defendant with plaintiff's existing contractual relationship or prospective economic advantage/relationship; proof that such intention proximately caused damage to plaintiff's existing contractual relationship/prospective economic relationshp; evidence showing defendant had knowledge plaintiff had an expectancy-type interest protected by law; and quantifiable damages resulting from interference.
In addition, depending upon applicable state laws regarding defamation per se, plaintiffs might not need any proof beyond identifying the speaker and demonstrating falsity since certain types of speech fall within defined categories deemed damaging as matter of law unless proven otherwise as defense under said statutes.
It should also be noted there could be various limitations and exceptions to this advice based on different jurisdictions' interpretations of these causes of actions together with various procedural rules pertaining thereto such as time limits for filing suit etc., Additionally any settlement obtained through litigation would likely bind both parties simultaneously meaning future disputes over same subject matter could potentially barred under relevant statues e..g res judicata doctrine . Lastly before considering legal recourse please consider discussing possible resolution informally via mediation process where applicable outside court system .
