How to put an end to damaging defamation? Whilst almost all online forums, review sites and social media platforms allow users to report damaging and false content, we all know this might not be a real end to the problem. Reporting an account or online user and flagging inappropriate content is great, but often it takes many reports before the admins or platform even consider the complaint and suspend or shut the offending account down. But this is just a band-aid solution, and we know the offender can simply register a new fake account in less than 2 minutes, and then harassment and defamation continues. Defamation Investigation Services provide a real solution to stop the damage once and for all. And give the victim a chance to hold the offender accountable, potentially even for financial losses suffered from defamation.
Cybertrace specialises in complex cyber investigations which includes scams, crypto related cybercrime and social media investigations of trolls, cyberbullying, stalking and of course, online defamation. We have an excellent track record of revealing who is behind anonymous social media accounts and fake reviews and we have even developed some of our own technical tools to identify offenders.
How Do We Investigate Cases of Defamation?
Connected Accounts & Content Analysis
Well, we can’t give out all our secrets of course, but there is a lot we can do. If we’re dealing with an anonymous social media account, our defamation investigators will look at connected accounts, published content and search for content otherwise not easily found through analysis of the account. Investigators will carefully conduct content analysis to determine if language and writing patterns are identified as being consistent between the offender and anyone the victim may have as a suspect.
Social Engineering
Social engineering is often a big part of a defamation investigation. What is social engineering? Wikipedia states, “In the context of information security, social engineering is the psychological manipulation of people into performing actions or divulging confidential Information.”
What it means to Cybertrace investigators though, is to discreetly engage with an offender to try to extract information or to lead the offender into a situation which exposes them. Our social engineering techniques often aim to collect the offender’s IP address and other technical user data.
For serious cases of harassment, stalking and defamation where law enforcement deems there to be a criminal offence, the IP address of the offender can be used to identify them. Law enforcement are able to request the account holder records from the Internet Service Provider for the IP address. In other words, if the internet was accessed through an Internet Service Provider like Optus for example, the Police would need to ask Optus who it was that was accessing the internet through their IP Address.
However, defamation is not a criminal offence and instead falls under civil law. We’re not lawyers, we’re investigators. So, we’ll refer you to this article written by Gordon Legal for more details on Defamation and the applicable laws.
Related Topic: Social Media Investigations
What is an Example of Defamation?
Example of Cyber Libel (Written Defamation Online)
A popular blogger writes a false post claiming that a local restaurant, owned by Alice Johnson, uses expired ingredients in their dishes. The post includes fabricated “evidence” and goes viral on social media, causing many people to stop dining at the restaurant. As a result, Alice’s business suffers significant financial losses, and her reputation is tarnished. If claims are untrue and the blogger didn’t verify the information before publishing, Alice could sue for cyber libel.
Example of Cyber Slander (Spoken Defamation Online)
During a live-streamed gaming session, a well-known gamer accuses another gamer, Mike Lee, of cheating and hacking in the game. The accusation is baseless and entirely false, but it spreads quickly among the gaming community, leading to Mike being harassed and ostracised by other players. Mike’s online reputation is severely damaged, and he loses followers and sponsorships. Mike could sue for cyber slander.
Key Elements of Cyber Defamation
For a statement to be considered defamation in a cyber context, the same key elements must be present:
- False Statement
The statement must be false.
- Publication
It must be communicated to others via the internet, such as through social media, blogs, forums, or live streams.
- Harm
The statement must cause harm to the subject’s reputation, business, or personal life.
- Fault
The person making the statement must be at fault, typically showing negligence or malice.
What are The Consequences of Defamation?
The consequences of defamation can be severe and varied, affecting both the defamed party and the defamer. For the defamed party, the most immediate consequence is damage to their reputation, which can affect personal relationships, professional standing, and community status. This harm often leads to emotional distress, such as stress, anxiety, and depression. Financial losses are common, as defamation can result in lost employment, business opportunities, and decreased income. Additionally, the defamed party might face an invasion of privacy and unwanted public attention due to the defamatory statements.
The defamer may face civil lawsuits. They may also be ordered to pay compensatory and punitive damages, plus legal costs of the defamed party. In some jurisdictions, defamation can result in criminal penalties, including fines and imprisonment. The defamer’s reputation can suffer greatly, leading to professional and social consequences, such as job loss and being shunned by others. Public apologies, corrections, and court orders to stop further defamatory statements may be required, further impacting the defamer’s credibility and reputation. Online, defamers might face account suspensions or bans, and the removal of defamatory content from platforms and search engines.
Related Topic: Can I use Social Media to Check Someone’s Background?
Defamation and Social Media
With the spread of social media platforms and online forums, false and damaging statements can easily spread. This can cause harm to reputations and livelihoods. While traditional defamation cases involved newspapers, magazines, and broadcast media, the internet has expanded the scope and reach of defamation to platforms like Facebook, Twitter, and review sites such as Yelp.
Proving online defamation requires demonstrating that a false statement of fact was made to a third party, resulting in harm to the person or business affected, and that the person who made the statement was careless or acted with intent to cause harm. Damages in defamation cases can vary widely, from compensating for financial losses to addressing harm such as emotional distress. However, pursuing legal action for online defamation can be complex. This is particularly true when dealing with anonymous or pseudonymous offenders and navigating jurisdictional issues.
Related Topic: Investigating Anonymous Social Media Defamation
Contact Us
At Cybertrace, we understand the frustration and challenges that come with defamation investigations. Whether you need help documenting interactions and gathering evidence, contact private investigators at Cybertrace. If you’ve experienced defamation from anyone, even if it’s an anonymous user, we can help you.
Questions For The Audience:
Do you believe the consequences for online defamation should be more severe? Why or why not?
