Richmond, VA asked in Libel & Slander for Virginia

Q: My ex-girlfriend is posting horrible false stories about me on social media.

She knows they are untrue, but she does it anyway. Even if I get Facebook to take them down, can I still sue her for libel?

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1 Lawyer Answer

Lee E. Berlik

PREMIUM
Answered
  • Reston, VA
  • Licensed in Virginia

A: If you have a valid libel case, then yes, you can still sue her regardless of whether Facebook takes the posts down. The only effect Facebook's actions would have on your libel claim is that your damages (i.e., the harm caused by the defamatory posts) would be reduced due to the shorter time the public was exposed to the statements. To get a general idea of whether you have a valid libel case against her, see this blog post I wrote a few years ago: https://www.virginiadefamationlawyer.com/2013/02/defamation-of-character-libel-and-slander-law-in-virginia.html.

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