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BUSINESS LAW

Internet Insults. Can You Sue?
How to Protect Your Business and Reputation
from Internet Hit Men

By the Business Law Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

You have just discovered that someone has posted negative and untruthful remarks about you and your business on the Internet. Can you sue? Absolutely. Finding false, inflammatory statements on other websites about your business or service negatively impacts your business and your bottom line. We want to help you maintain your bottom line.

Defamation

Here are the basics with regards to defamation law. Defamation is a statement that harms the reputation of a person (individual, corporation, company, etc.). Courts have to balance the reputation of one person with the free speech rights of the other. Statements must have caused damage to the person’s reputation. There are two forms of defamation: libel and slander. Libel involves the publishing of a falsehood that harms someone. Publication means communication of the defamation to someone other than the person being defamed. Such publication can be made either intentionally or negligently. It is the intent to publish, not the intent to defame that is the requisite intent. Each repetition is considered to be a separate publication. Slander is the same doctrine applied to the spoken word. Collectively, they are referred to as defamation. As far as liability, primary publishers are liable to the same extent as the author or speaker. One who repeats the defamation is liable on the same general basis as the primary publisher.

Grounds for Internet Defamation

Once you have realized that you or your business has been defamed over the Internet and legal action is required, it is important to find the proper attorney with the proper knowledge and experience to meet your needs.  Our law firm helps you take the appropriate measures to ensure false content is removed and you recover for the damages you and/or your business have sustained. The attorneys at Smith & Garg, LLC have experience in dealing with cases involving online defamation and libel claims. There are a variety of entities which can be held liable for posting defamatory comments such as: individuals posting comments on various websites, third party publishers such as Internet Service Providers, chat room and bulletin board operators, and a variety of others. Often times, these companies are shielded by protections afforded to them by application of the Communications Decency Act. Without consulting an experienced attorney, you may not be able to protect your rights, your business or your reputation.

If you are experiencing negative or inflammatory statements on other websites regarding you or your business, call Smith & Garg, LLC at 281-210-0010 or use our Contact Form so that we can help you to protect your interests.