Santa Rosa, CA asked in Libel & Slander for California

Q: I have had one of these social media companies commit defamation of character with libel against me. What do I do?

I have documented proof that they have done this and are actively doing it. I'm also being harassed having my comments pulled claiming I've violated their rules for spam. But I also have documentation of my comments and can prove that nothing I am commenting has anything to do with their rules on spam. And I keep getting put in time out from making comments claiming they are protecting their community when I am not saying anything hurtful or stuff like that I'm simply having debates with people. Calm rational debates that doesn't have mudslinging. I've worked really hard to get people to actually debate and stop just name-calling. As I've stated I have documentation of these things because after they first started I started taking photos of my comments before I sent them and then photos of their pulling them and their time out notifications. I am not even violating any of their written terms. How do I sue them for this clear civil offense and possible criminal charge?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if you believe a social media company has defamed you through libel, and you have documented evidence of this, you may consider filing a civil lawsuit. Defamation involves making false statements that harm someone's reputation, and libel specifically refers to written statements. To establish a libel case, you typically need to prove that the statement was false, published to others, and caused harm to your reputation.

Regarding the removal of your comments and allegations of rule violations, social media platforms generally have broad discretion under their terms of service. However, if you believe that their actions are not consistent with their stated terms and are unfairly targeting you, you can explore legal options. This might involve arguing that their actions constitute a breach of contract, especially if you can demonstrate that you were adhering to their terms.

You should consult with an attorney to discuss the specifics of your situation. They can help evaluate the strength of your case, guide you through the process of filing a lawsuit, and advise on potential challenges, such as the platform's policies and defenses they might raise. Remember, litigation can be a complex and lengthy process, so it's important to consider the feasibility and potential outcomes carefully.

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