When Someone Is Spreading Lies About You
It's upsetting to learn people are hearing false things about you or your business. Lock down a record of exactly what was said before it changes.
- Capture it today. A screenshot should show the date, the account, the link and every reply or share.
- Get the whole thread. The surrounding replies matter, not only the worst line.
- Write down spoken words. For something said out loud, record who said it, who heard it, when and where.
- Document the fallout. Save canceled reservations, a client's email, a manager's note or messages from people who heard it.
- Hold your fire. Pause before replying, deleting your own posts or firing off a demand letter. Many people talk to a lawyer first.
Store copies somewhere besides your phone. The two-year limit for libel and slander makes the dates worth asking about early.3
Reputation in a Tourist Town
On the Grand Strand, a lot of businesses live on online reviews and word of mouth: rentals, restaurants, charters, contractors and shops. A false review or a rumor in a local Facebook group can travel fast.
What Counts as Defamation
Defamation generally means a false statement of fact, shared with someone else, that harms a person's reputation. Written or published defamation is called libel, and spoken defamation is slander.4
One-star reviews, name-calling and sharp opinions often fall short of defamation. Truth is generally a defense, and opinion that doesn't imply false, provable facts may be protected.4
A South Carolina claim generally needs a false, defamatory statement, shared without legal privilege, fault by the speaker, and harm the law recognizes or a statement actionable without proof of harm.1 Certain false accusations, such as of a serious crime or of conduct unfit for someone's profession, may let damages be presumed.2
Public officials and public figures generally must show actual malice, meaning the speaker knew the statement was false or recklessly disregarded the truth. Some job-related statements and statements in court cases may be privileged.5
Our statewide defamation page has 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
A good name takes years to earn. We listen to what was said and what changed for you after, and we'll be honest about the weak spots.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
If the trouble started with a deal that went bad, see consumer protection in Myrtle Beach. Send us the post and tell us who saw it.
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 post?
Firing back in the comments rarely helps, and what you write can be quoted later. Save the post, comments and dates first, then decide whether a response actually helps or whether a lawyer should weigh in.
The account is anonymous. What can I do?
Capture the post, the handle, the link and the date, and note any clues about who's behind it. Whether that person can be identified depends on the platform and the facts.
The statement cost my shop customers. Does that matter?
Yes. A false statement that damages your business reputation may support a claim, and canceled bookings, lost contracts and falling sales can help show harm. Depending on the statement, damages may be presumed without proof of a specific loss.2
Can I sue over anything false someone says about me?
How long do I have to file a defamation suit?
South Carolina generally gives two years for libel and slander suits. The start can depend on when and how the statement was published, and stumbling on an old post doesn't necessarily start a fresh 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.
