What to Do If Someone Is Spreading False Statements About You
Learning that someone is saying false things about you is upsetting, especially in a place where people know each other through schools, churches, docks and job sites. Start by saving an exact record before it changes or disappears.
- Capture it today. Get screenshots showing the post or review itself, the poster's name, the date, the web address, and every reply and share.
- Keep the whole thread. Save everything around the worst line, not just that line.
- Write down spoken statements. Note who said it, who heard it, when and where, while you still remember.
- Track the harm. Keep emails from customers who backed out, a note from your employer or messages from people who heard it.
- Don't fire back. Pause before replying.
- Think before deleting your own posts. Talk it over with a lawyer first.
- Wait before sending a cease-and-desist. A lawyer can tell you whether it would help or backfire.
Email copies to yourself or save them to a cloud folder. Libel and slander suits generally must be filed within two years, so ask about dates early.3
What Counts as Defamation
Defamation generally means a false statement of fact, shared with someone other than the person it's about, that harms that person's reputation. Written or published defamation is usually called libel, and spoken defamation is called slander.4
A negative review, an insult or an unkind remark isn't automatically defamation. Truth is generally a defense, and an opinion that doesn't imply false, provable facts may be protected.4 The exact wording, the audience and the proof all matter.
In South Carolina, a claim generally involves a false and damaging statement, sharing it with someone else without legal privilege, fault by the person who said or published it, and either harm the law recognizes or a statement that counts without proof of special harm.1 Some statements, like certain false accusations of serious crimes or of conduct that doesn't fit a person's profession, may let damages be presumed.2
Public officials and public figures generally have to show the speaker knew the statement was false or recklessly ignored the truth. Some communications, including certain job-related statements and things said in court, may be privileged.5
The statewide page covers defamation claims in South Carolina. If the false statements came out of a business deal, see Mount Pleasant consumer protection claims.
Talk With Us
A good name takes years to build, and we take it seriously when someone damages yours. We start by hearing what was said and what changed for you afterward, and we tell you honestly what we see, including the weak spots.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
We'd like to see what was posted or hear what was said, and who it reached.
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
Other parents are repeating a false story about me in a neighborhood group. Should I reply?
Firing back in the comments can feed the story and hand someone a quote to use later. First, screenshot the whole thread with its date. Then think about whether a reply helps, or whether to talk with a lawyer before saying anything.
The account that posted it is anonymous. What can I do?
Grab the screenname, the link and the timestamp, and write down any clue about who runs the account. Unmasking an anonymous poster may or may not be possible, depending on the site and the circumstances.
A former customer posted that my business cheats people. Does the harm to my business matter?
Yes. A lie that drives off clients or costs you contracts can support a claim, and records of canceled jobs and slower months help show the damage. Depending on what was said, South Carolina may presume damages without proof of a specific money loss.2
Can I sue over anything false someone says about me?
How long do I have?
Libel and slander suits in South Carolina generally must be filed within two years, and when that starts can depend on when and how the statement was published. Finding an old post doesn't necessarily give you a fresh two-year period.3
Is a phone call enough to get started?
Yes. The first conversation can happen by phone. Our office is on King Street in Charleston if you'd rather meet.
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.
