What to Do If Someone Is Spreading Falsehoods About You
On an island where word travels through neighborhood groups, review sites and the marina, a false story can spread fast. Lock down a copy before it is edited or deleted.
- Screenshots. Every one should show the handle, the date, the link and the replies under it.
- The full exchange. Grab the posts before and after the worst line.
- Spoken accusations. If it was said at a club meeting, a dock or a job site, list who said it, who was in earshot and the day.
- The fallout. A cancellation email from a guest, a client who stopped calling, a note from your boss.
- No reply yet. Sleep on it.
- Your own posts. Ask a lawyer before removing them.
- No demand letters yet. Many people speak with a lawyer first.
Email the files to yourself or save them to the cloud. South Carolina generally requires libel and slander lawsuits to be filed within two years, so raise 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, and spoken defamation is called slander.4
Not every negative statement, insult or unfavorable review is defamatory. Truth is generally a defense, and opinions that don't imply false, provable facts may be protected.4 The exact wording, who heard it and the proof available all matter.
A claim in South Carolina generally requires a false statement that harms someone's reputation, communication of it to another person without legal privilege, fault by the person making or publishing 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 someone's profession, can 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 employment-related statements and statements made in judicial proceedings may also be privileged.5
Talk With Us
A good name on Hilton Head or in Bluffton, whether you run a rental business, a charter, a shop or a practice, takes years to build. Tell us what was said, where it appeared and what changed for you after. We'll give you an honest read, weak spots included.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. For more, see South Carolina defamation claims and, if it grew out of a business deal, consumer protection near Hilton Head.
Send the post or your notes and call us.
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 review or the post?
Hold off for a day. Firing back from your phone at midnight can stir it up and hand the other side something to quote. Grab screenshots of the thread and its timestamps, and run any reply past a lawyer.
The account is anonymous. Is there anything I can do?
Sometimes. Screenshot the handle, the URL and the timestamp, and list anything that hints at the author, like a detail only a former tenant or a rival would know. Whether that person can be unmasked depends on the facts and the platform.
The rumor cost my island business customers. Does that matter?
Yes. Lost customers, canceled contracts, reduced sales and other documented losses can help establish damages. For some kinds of statements, general damages may be presumed.2
Can I sue over anything false someone says about me?
How long do I have to sue for defamation?
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 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.
