Defamation: The Foundation of Reputation Law
Defamation is the legal claim most commonly relevant to online reputation harm. A defamation claim requires proving that a defendant made a false statement of fact (not an opinion), about the plaintiff, to at least one other person, that caused harm to the plaintiff’s reputation. Online defamation follows the same basic framework as traditional defamation but has additional complexities: jurisdiction, identification of anonymous defendants, and Section 230 immunity for platforms.
The Section 230 Challenge
Section 230 of the Communications Decency Act provides that websites and platforms that host user-generated content generally cannot be held legally liable for defamatory content posted by their users. You can sue the person who posted defamatory content, but you typically cannot sue the platform for hosting it. Section 230 is the reason that most ORM legal strategies target the original poster rather than the platform.
Privacy Torts and Online Harm
Beyond defamation, several privacy-related legal claims may be relevant to online reputation harm. Public disclosure of private facts allows claims for disclosure of true but private information. False light claims cover statements that create a false impression without being technically defamatory. Appropriation of name or likeness protects against commercial use of your identity without permission. The applicability of these claims varies significantly by state.
Practical Limitations of Legal Action
Legal action for online reputation harm is often expensive, slow, and uncertain in outcome. Even when you have a strong defamation claim, the anonymous defendant must be identified, served in their jurisdiction, have assets worth pursuing, and ultimately lose at trial or settle. This process typically takes years and costs tens of thousands of dollars at minimum. For most ORM situations, legal action is a last resort or a supplement to non-legal strategies rather than the primary approach.
