When is a post libelous?
I have been asked for my opinion on this issue many times, and I think it is time to explain this clearly and simply once and for all, and for the guidance of social media users.
To better illustrate, let me give an example.
Suppose that Maria is an online seller. She sells an item to Juana and ships it. Juana receives the item but does not pay for it. Maria sends her PMs and texts and even calls her number, but Juana continues to ignore Maria. Maria feels helpless, so she resorts to Facebook and posts about her transaction with Juana, referring to Juana as a scammer who buys and does not pay.
Can Juana sue Maria for cyber libel?
The answer is YES. The essence of libel is defamation. When a publication (such as a post on social media) subjects a person to ridicule, humiliation or contempt, the article is (generally and as a rule) libelous.
Does it matter that the statements in the post are true? Some articles will say that truth is a defense in libel. I say it is not. TRUTH IS (GENERALLY) NOT A DEFENSE IN LIBEL. The barometer for libel is not the “untruth” of a statement, but whether or not the article caused humiliation and embarrassment on the other person. The only way you can use the truth to protect you is to make your statement as factual as possible.
Take the case of Maria, for instance. She can post about her transaction with Juana, but she should limit her statements to the fact that she shipped the product, that Juana received it, that she sent several demands for payment, and that despite demands, Juana refused pay. She should avoid calling Juana a scammer or use other descriptions and words with negative connotations.
There are defenses that can be raised in libel, but defenses are generally raised when the case is already IN court, and not before. Since our goal is to keep you away from the court, take my advise: BE CAREFUL WITH YOUR POSTS.
Prevention is the key. If you are an online seller, make sure you are paid before you ship your product. If you are a buyer, be sure you know your seller before you make your payment. If you do not know the seller personally, ask someone who does, or ask for a COD transaction. If the seller cannot do COD and you still want to buy, enter into a small transaction so that if the seller turns out to be bogus, you will not hurt so much. (In ONO, there are people who order only 1 piece of soap just to see if we deliver.)
DO NOT BRING YOUR COLLECTIBLES TO FACEBOOK
Facebook is not a collection agent. Neither is it a psychiatrist on whom you can pour out your hang ups against someone else. Find a friend you can talk to, and if all else fails, charge your loss to experience and move on.
CYBER LIBEL IS NOT A JOKE. So unless you are criticizing a government official for his conduct, keep your electronic mouth shut and stay safe.
