What to Do If Someone Is Spreading False Statements About You
Finding out someone is saying false things about you is upsetting. Start by saving an exact record of what was said, before it changes or disappears.
- Save it right away. Take screenshots of the post, review or message. Include the date, the account name, the link and any comments or shares.
- Capture the full context. Save the whole thread, not just the worst line.
- Write down spoken statements. If someone said it out loud, note who said it, who heard it, when and where. Do it while your memory is fresh.
- Track the harm. Keep emails from customers who canceled, a note from your employer, or messages from people who heard the statement.
- Don't reply in anger. Pause before you respond.
- Think before deleting your own posts. A lawyer can talk with you about it.
- Hold off on sending a demand. Many people talk to a lawyer first.
Back up screenshots and files somewhere other than your phone.
South Carolina generally requires libel and slander lawsuits to be filed within two years, so ask about the dates early.3
What Counts as Defamation in South Carolina?
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, while spoken defamation is called slander.4
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 The circumstances, wording, audience and available evidence all matter.
A South Carolina defamation claim generally involves a false and defamatory statement, communication of it to someone else without legal privilege, fault by the person who made or published it, and either harm the law recognizes or circumstances in which damages may be presumed.1 Some statements, such as certain false accusations of serious criminal conduct or of conduct incompatible with a person's profession, may allow damages to be presumed without proof of a specific financial loss.2
Public officials and public figures generally must show that 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 court proceedings, may also be privileged.5
Talk With Us
A reputation takes years to build. When someone spreads false statements about you, we take it seriously. We start by listening to what was said and what changed for you afterward. We'll tell you honestly what we see, including the weak spots.
The firm is based in Charleston and takes defamation cases across South Carolina. If the false statements grew out of a deal gone wrong, our page on unfair business practices and consumer protection may help. If you were hurt on someone's property and the dispute turned into false statements about you, see our page on injuries on someone else's property.
Send us the post, the message or your notes on what was said, and tell us who heard it and what changed for you afterward.
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 reply to the post or comment?
Replying in anger can make things worse and can create a record that is used against you. Before you respond, save a copy of the post, the comments and the date. Then think about whether a reply helps you, or whether it's better to talk with a lawyer first.
What if I don't know who posted it?
Save the post, the account name, the link and the date. Note anything that suggests who might be behind it. Whether and how the person can be identified depends on the facts and the platform.
Does it matter if the statement hurt my business?
Yes. False statements that damage a person's professional reputation or business relationships may support a defamation claim. Lost customers, canceled contracts, reduced sales and other documented losses can help establish damages. Depending on the nature of the statement, South Carolina law may also recognize presumed damages without proof of a specific financial loss.2
Can I sue over any false statement someone makes about me?
Not necessarily. Truth, protected opinions and certain legally privileged communications may prevent a defamation claim.4 Public officials and public figures also face additional legal requirements.5 A lawyer can review what was said, the circumstances in which it was communicated, and whether the statement is legally actionable.
How long do I have to file a defamation lawsuit in South Carolina?
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. Don't assume that discovering an old online post gives you a new two-year period. A lawyer can review the dates and explain which deadlines apply.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.
