Sharing false information online may be considered libel
With a presidential election and countless state and local elections looming, it's easy to find ourselves in highly charged environments where emotions run high, and the spread of information becomes rapid and sometimes reckless. This atmosphere can easily spawn instances of libel through false accusations, rumor spreading, fake news websites, and social media posts.
In truth, however, it's just an amped-up version of what happens every day in microcosms around us. Under the guise of free speech and often driven by anger, jealousy, or mere thoughtlessness, people promote their own version of reality by gossiping, copying falsehoods, or spreading rumors about others with little regard for the truth.
With today's countless platforms for sharing information and opinions, it's easier than ever to share such information far and wide. But doing so can have serious legal and social consequences — not just for the person defamed but also for the person who shares the falsehoods.
Here's what you need to know before you hit "share."
Defining libel
Libel is a form of defamation expressed by print, writing, pictures, signs, or any broadcast communication to the public, that is, anyone other than the person defamed alone. (Think texts, social media posts, newspapers.) To qualify as libel, a statement must be:
• Published — The false statement must be made to a third party, meaning someone other than the person being defamed.
• False — The statement must be demonstrably false.
• Defamatory — The statement must cause harm to the person's reputation.
• Negligent or malicious — For private individuals, the person posting the information must have acted negligently in determining the truthfulness of the statement. For public figures, there must be actual malice, which means the statement was made either knowing it was false or with reckless disregard for its truth.
• Unprivileged – not protected by some statutory or common law privilege negating liability for statements made in certain contexts (e.g., in court testimony).
Examples of libel
Consider a scenario where a social media post falsely claims that a local business owner has been embezzling money from his company. This statement is published and shared on social media. As a result, the business owner experiences a significant loss of customers and a tarnished reputation. If the business owner can prove that the statements were false, published to others, and caused reputational damage, this could be a strong libel case.
Another example could involve a high school student claiming via text to classmates that another student cheated on an important exam — that the student was looking at another student's paper the whole time. But actually, the desks were placed too far apart and in opposite directions for students to see anything on anyone else's papers. The defamed student then loses a full-ride college scholarship. That could be another case for libel.
Legal remedies for those libeled
Victims of libel in Minnesota and Wisconsin can seek several legal remedies, including:
• A cease-and-desist order requiring the perpetrator to stop making defamatory statements.
• A retraction where the source of the defamatory statement publicly withdraws or corrects what they published.
• Damages, which could include actual damages (direct financial losses), presumed damages (damage presumed to have occurred), and punitive damages (to punish egregious behavior).
Consequences for those posting false information
Conversely, those found guilty of libel can face severe consequences, including:
• Financial liability for the damages mentioned above.
• Legal costs related to the case (both their own and the plaintiff's legal fees).
• Their own damaged reputation for making false statements, affecting personal and professional relationships.
• Potential criminal charges as Wisconsin and Minnesota have criminal defamation statutes.
Pause before you post
In today's digital era, where almost everyone is a publisher, it's wise to pause before you post. Whether in Minnesota or Wisconsin, remember that libel isn't just a legal faux pas — it can be a full-blown financial and social disaster. So, next time you're itching to share that juicy bit of "news," ask yourself: is it true, is it necessary, and is it kind? If not, maybe keep that hot gossip for your next work of fiction where it can't do any real-world damage.
If you believe you've been libeled, consult with an attorney to explore your legal options. A careful approach helps maintain the integrity of both personal and shared spaces, ensuring that communication remains responsible and respectful.
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