First Steps If Someone Is Spreading Lies About You
Capture it before it disappears.
- Screenshot everything. Include dates and account names.
- Grab the full thread.
- Spoken? Note who said it, who heard, where.
- Save proof of fallout. Lost clients, a warning at work.
- Don't reply angry.
- Ask before deleting your own posts.
- Hold off on demand letters.
Back up the files off your phone. South Carolina generally requires libel and slander lawsuits to be filed within two years.3 Ask early.
How It Spreads in North Charleston
In North Charleston, a false story can move from a neighborhood Facebook group in Park Circle to a church on Dorchester Road to a break room off Palmetto Commerce Parkway in a week. A barber, a contractor or a daycare owner can lose half their regulars over one made-up review. What matters most is the exact words, who heard them and what changed after.
South Carolina Law on Defamation
What Counts
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.4
The Elements
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 Certain false statements accusing someone of serious criminal conduct or of conduct incompatible with their profession can qualify as defamation per se.2
Public Figures and Privileges
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
More on defamation claims in South Carolina.
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. Show us what was said and tell us what it cost you. We'll be honest about weak spots too.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. If a bad deal started it, our North Charleston consumer protection page may fit.
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 fire back in the Facebook group?
Hold off. An angry reply rarely helps and may get quoted back at you. Screenshot the post and comments first. Then decide, maybe after a lawyer weighs in.
The account is anonymous. Any options?
Save the post, the handle, the link and the date. Jot down any hint about who runs it. Whether that person can be identified depends on the platform and the facts.
My shop near Park Circle lost customers over it. Does that matter?
Yes. Lost customers, canceled contracts, reduced sales and other documented losses can help establish damages. South Carolina recognizes defamation per se, in which general damages may be presumed, subject to constitutional limits.2
Can I sue over any lie someone tells about me?
How long do I have to sue?
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.3
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. Can't make the trip? We can meet you at the hospital, at your home or another place that works.
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.
