What to Do About a False Statement in Charleston
Charleston can feel like a small town. A false review of your shop on Upper King, a rumor that moves through a Mount Pleasant parents' group, or a post about you in a James Island community page can reach people you see every week.
Before anything gets edited or deleted, capture it. Screenshot the post, review or message along with the date, the account, the link and the comments and shares. Grab the whole thread so the context is there. If the statement was spoken, write down who said it, who was listening, and when and where, while you still remember it clearly.
Keep track of what changed afterward: a client who canceled, a note from your boss, texts from friends who heard it. Copy everything to a computer or cloud folder, not just your phone. Resist the urge to fire back, and talk with a lawyer before deleting your own posts or sending a demand letter.
South Carolina generally requires libel and slander lawsuits to be filed within two years, so the dates matter early.3
Whether You Have a Claim
Defamation generally involves a false statement of fact, communicated to someone other than the person it concerns, that harms the person's reputation. Written or published defamation is commonly called libel, and spoken defamation is called slander.4
A bad review or an insult isn't automatically defamation. Truth is generally a defense, and opinion that doesn't imply false, provable facts may be protected.4 The exact words, who heard them and the proof you have all matter.
A South Carolina defamation claim generally requires a false statement that harms someone's reputation, communication of it to another person without legal privilege, fault by the person making it, and legally recognized harm or a statement actionable without proof of special harm.1 Certain false accusations of serious crimes, or of conduct incompatible with a person's profession, may allow damages to be presumed.2
Public officials and public figures generally must show the speaker knew the statement was false or acted with reckless disregard for the truth. Some communications, including certain employment-related statements and statements in court proceedings, may be privileged.5
For the rest of the state's rules, read our South Carolina libel and slander page.
Talk With Us About What Happened
Your name here took years to earn. Tell us what was said, who heard it and what has changed for you since, and we'll give you an honest read, weak spots included.
Our office is on King Street in downtown Charleston. If the dispute started with a business deal, see consumer protection in Charleston.
Send us the post or your notes on what was said.
South Carolina Law on This
- A defamation claim in South Carolina generally requires a false statement that harms someone's reputation, communication of that statement to another person without legal privilege, fault by the person making or publishing it, and legally recognized harm or a statement that is actionable without proof of special harm.1
- Whether a defamation plaintiff must prove specific financial losses depends on the type of statement and the circumstances. South Carolina recognizes defamation per se, in which general damages may be presumed, subject to constitutional limits; certain false statements accusing someone of serious criminal conduct or of conduct incompatible with their profession can qualify. Lost customers, canceled contracts, reduced sales and other documented losses can help establish damages.2
- South Carolina generally requires libel and slander lawsuits to be filed within two years. When that period begins can depend on when and how the statement was published or communicated, and discovering an old online post does not necessarily start a new two-year period. This is different from the three-year period that applies to most South Carolina personal injury claims.3
- Defamation generally involves a false statement of fact, communicated to someone other than the person it concerns, that harms the person's reputation. Written or published defamation is commonly called libel, and spoken defamation is called slander. Not every negative statement, insult or unfavorable review is defamatory: truth is generally a defense, and statements of opinion that do not imply false, provable facts may be protected.4
- Public officials and public figures generally must show constitutional actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for the truth. Certain communications, including some employment-related statements and statements made in judicial proceedings, may also be protected by privileges.5
Frequently Asked Questions
Should I answer the post in the neighborhood group?
A heated reply in a Facebook group or on Nextdoor tends to spread the original post further, and what you write can be used later. Screenshot the post and every comment first. Then decide, maybe with a lawyer, whether answering helps at all.
The account is anonymous. Can anything be done?
Copy the URL and the handle, screenshot the post with its timestamp, and write down any clue about who runs it. Whether that person can be identified depends on the facts and the platform.
The rumor cost my business customers. Does that matter?
It can. Lost customers, canceled contracts, reduced sales and other documented losses can help establish damages. For some kinds of statements, damages may be presumed without proof of a specific money loss.2
Is every false thing said about me something I can sue over?
How long do I have to file?
South Carolina generally requires libel and slander lawsuits to be filed within two years. When that period starts can depend on when and how the statement was published, and finding an old post doesn't necessarily start a new two-year period.3
Sources
- Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502, 506 S.E.2d 497 (1998); Erickson v. Jones Street Publishers, 368 S.C. 444, 629 S.E.2d 653 (2006)
- Erickson v. Jones Street Publishers, 368 S.C. 444, 629 S.E.2d 653 (2006)
- S.C. Code § 15-3-550(1)
- Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502, 506 S.E.2d 497 (1998); Sean Hall's Nov 5 review
- Crowell v. Herring, 301 S.C. 424 (Ct. App. 1990); Boone v. Sunbelt Newspapers, Inc., 347 S.C. 571 (Ct. App. 2001); New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
