If Someone in Spartanburg Is Spreading Lies About You
It's upsetting to learn people are hearing false things about you. Before anything else, lock down an exact record of what was said, since posts get edited and deleted.
- Capture it before it vanishes. Grab screenshots that show the date, the poster's handle, the web address and the replies under it.
- Get the whole thread. The worst line alone loses the context around it.
- Write down spoken words. Who said it, who was standing there, when and where, while it's fresh.
- Keep proof of the fallout. A canceled customer's email, a note from your boss, a message from someone who heard the rumor.
- Don't answer in anger. Give it a day.
- Leave your own posts alone for now. Deleting them can raise questions later; check with a lawyer.
- Hold the demand letter. Many people speak with a lawyer before sending one.
Email copies to yourself or save them to a cloud drive, so a cracked phone doesn't wipe them out.
Because South Carolina generally requires libel and slander suits within two years, ask about timing 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
A harsh review or a rude remark at church isn't automatically defamation. Truth is generally a defense, and opinion that doesn't imply false, provable facts may be protected.4 The wording, who heard it and what proof exists all matter.
A claim generally requires a false statement that harms your reputation, communication of it to another person without legal privilege, fault by the person who made or published it, and legally recognized harm or a statement actionable without proof of loss.1 Certain false accusations, such as of serious crimes or of conduct unfit for your profession, may let damages be presumed without proof of a specific financial loss.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 communications, including certain employment-related statements and statements made in judicial proceedings, may be privileged.5
Talk With Us
Your name in a close-knit Upstate community took years to earn. We start by hearing what was said and what changed for you after. We'll be honest about what we see, weak spots included.
We take cases across South Carolina, including Spartanburg County. If the false statements came out of a business deal gone bad, see consumer protection in Spartanburg. For the statewide picture, see South Carolina defamation claims.
Call, and send the post or your notes about who heard what.
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 comments?
An angry reply can backfire and leave a record that gets used against you. Preserve everything before typing a word. Then decide whether answering helps at all, or whether a lawyer should weigh in first.
The account is anonymous. Can anything be done?
Capture the post, the account name, the link and the date, and write down any clues about who runs it. Unmasking an anonymous poster is sometimes possible; much turns on the site and the circumstances.
The lie cost my business customers. Does that matter?
Yes. False statements that damage your professional reputation or business relationships may support a claim, and lost clients, canceled jobs and falling sales can help show damages. South Carolina recognizes defamation per se, in which general damages may be presumed, depending on the type of statement.2
Can I sue over anything untrue someone says about me?
How long do I have to file?
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. Finding an old post doesn't necessarily start a new two-year period. Have a lawyer check your dates.3
Can we talk without a trip to Charleston?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.