What to Do If Someone Is Spreading Lies About You
It is upsetting to learn that people around Summerville are passing along something false about you. The first job is to lock down an exact copy before it gets edited or deleted.
- Screenshot it today. The post, review or message, with the date, account name, link, comments and shares.
- Save the whole thread, not only the worst line.
- Write down anything said out loud: who said it, who heard it, when and where, while it is fresh.
- Document the fallout. Emails from customers who left, a note from your employer, texts from people who heard it.
- Don't fire back in anger.
- Ask before deleting your own posts. A lawyer can talk it through with you.
- Hold off on sending a demand letter until you have had advice.
Back up your screenshots somewhere besides your phone. South Carolina generally requires libel and slander lawsuits to be filed within two years, so get the dates in front of a lawyer early.3
How It Spreads Around Summerville
In a town where people know each other from church, ball fields and school pickup lines, a false rumor can travel fast. A neighborhood social media group, a review site, a group text among parents in Dorchester District Two or talk at work can all carry it. Business owners on Main Street and contractors who depend on word of mouth can feel it quickly.
What Counts as Defamation
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 insult, harsh opinion or bad review is defamatory. Truth is generally a defense, and opinions that do not imply false, provable facts may be protected.4 The wording, the audience and the proof all matter.
A defamation claim in South Carolina generally requires a false statement that harms someone's reputation, sharing it with 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 special harm.1 Some statements, such as certain false accusations of serious crimes or of conduct incompatible with someone's profession, may let damages 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 communications, including certain employment-related statements and statements in court proceedings, may be privileged.5
Our statewide defamation page goes further.
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 build in a community like Summerville. We start by hearing what was said and what changed for you afterward, and we will point out the weak spots as well as the strong ones.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If the lies grew out of a business deal gone bad, see consumer protection claims around Summerville.
Send us the post or your notes, and tell us who saw or heard 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
Can I start with a phone call?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
Should I answer the post in the neighborhood social media group?
Firing back can backfire and leave a record someone may use later. Screenshot the post, every comment and the date first. Then decide whether a reply really helps, or whether to get a lawyer's view first.
The account is anonymous. Can anything be done?
A screen recording of the profile and the post, with the web address visible, is a good start, along with any hunch about who is behind it. Whether the person can be identified depends on the facts and the platform.
The statement cost my business customers. Does that matter?
It can. Canceled jobs, lost clients and a drop in sales can help show damages. Depending on the statement, South Carolina recognizes defamation per se, where general damages may be presumed without proof of a specific financial loss.2
Can I sue over anything false someone says about me?
Not always. Truth is generally a defense, and opinions that do not imply false, provable facts may be protected.4 Public officials and public figures generally must show the speaker knew the statement was false or acted with reckless disregard for the truth.5 A lawyer can look at the words, the setting and whether they are actionable.
How long do I have to file?
South Carolina generally requires libel and slander lawsuits to be filed within two years, and when that period begins can depend on when and how the statement was published. Finding an old online post does not necessarily start a new two-year period. A lawyer can go over your dates.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.
