With the ever-expanding role of social media and the Internet, negative reviews can spread virtually unchecked. Although some negative reviews are limited to statements of opinion that, generally, are legally protected, companies and individuals increasingly are subject to attacks that include false statements constituting online defamation.

The legal avenues for addressing defamatory comments and obtaining their removal from websites can be difficult to navigate. Generally speaking, the Communications Decency Act of 1996 protects Internet providers, including Google, Facebook, Twitter, and Yelp, from liability for content posted by their users, which creates little incentive — and, arguably, a disincentive — for these entities to self-police their sites. Accordingly, many sites require a court order or judgment before removing allegedly defamatory comments.

Moreover, some sites simply refuse to remove any posted material without a specific order finding the material is defamatory, and then they may remove only the limited portion of the online review deemed defamatory. Because reviews frequently are posted in multiple places, or reposted by numerous sites, it can be difficult and expensive to obtain orders relating to every unique occurrence of the information. Search engines can be asked to deindex defamatory material to remove the content from search results, though compliance is voluntary.

Further complicating matters, at least one state (California) recently prohibited contractual provisions that penalize customers and clients for posting negative comments.

Another issue is that online defamatory statements frequently are posted anonymously or via a pseudonym. That means a defendant must be identified before a judgment or order finding that an online statement is defamatory can be obtained.

Read more: http://www.ilnipinsider.com/2016/05/strategies-and-tactics-to-battle-online-cyber-defamation/