Ida Grove, IA asked in Libel & Slander and Personal Injury for Iowa

Q: Can a shared post on Facebook be worthy of defamation if part is public record and part is photo evidence of the injury?

My friends boyfriend recently inflicted bodily harm to her. 911 was called and he is facing two charges of domestic abuse. There was a post on Facebook showing a screenshot of his arrest record- public record- and pictures of my friends injuries (split lip, swollen eyes, bruises, etc.).

This has been shared numerous times on Facebook. The abuser is now threatening to sue for defamation. How can this be possible when part is accessible to the public, and the other part was voluntarily posted by the victim?

1 Lawyer Answer
Erik Luthens
Erik Luthens
Answered
  • West Des Moines, IA
  • Licensed in Iowa

A: "Threatening" to sue for defamation is much different than actually recovering damages based on a defamation claim. Truth is a classic defense to a defamation claim.

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