First Moves When Someone Is Spreading Lies
Your priority is a clean copy of what was said, made before anyone edits or deletes it.
- Capture everything visible. Screenshot the post, review or text along with the date, the username, the URL, and the comments and shares under it.
- Get the surrounding thread. One line pulled out of a long exchange can look different in context.
- Spoken? Make a note. Record the speaker, the listeners, the place and the day.
- Log what it cost you. Canceled orders, a talk with HR, texts from friends who heard the story.
- Keep a second copy. Email the screenshots to yourself or save them to a cloud folder.
- Don't delete your own posts yet, and don't send a cease-and-desist on your own. Get advice first.
Libel and slander lawsuits generally must be filed within two years, so the dates matter from day one.3
Why It Hits Hard in Columbia
Columbia is the state capital and home to USC, so a lot of Columbia residents work for state agencies, the university, hospitals or small local shops. Reputations travel through neighborhood groups in Forest Acres, alumni circles and office hallways near the State House. A false post can reach a boss or a customer fast.
What the Law Covers
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. Statements of opinion that do not imply false, provable facts may be protected.4
Certain false statements accusing someone of serious criminal conduct or of conduct incompatible with their profession can qualify as defamation per se.2
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. Some employment-related statements and statements made in judicial proceedings may be privileged.5 With so many public employees and officials in the capital, those rules can matter in a capital city. See South Carolina defamation claims for more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Tell us what was said, who heard or read it, and what has changed for you since. We'll point out the strong parts and the weak ones.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If this grew out of a business deal that went wrong, see Columbia consumer protection claims.
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 post my side?
Wait. A heated public response can escalate things and hand the other side material. Preserve the original post first, then think about whether a reply does you any good.
Someone made a fake account to trash me. Is that a dead end?
Not necessarily. Keep the handle, the URL, the dates and any clues about who's behind it. Whether an anonymous poster can be identified depends on the facts and the platform.
My shop in Five Points lost regulars after the rumor. Does that help?
It can. Lost customers, canceled contracts, reduced sales and other documented losses can help establish damages. For some statements, South Carolina recognizes defamation per se, where general damages may be presumed.2
Is every false or nasty thing said about me defamation?
How long do I have?
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, and discovering an old online post does not 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.
