Social media is a powerful tool—it can lift your business up in ways traditional advertising could not. On the other hand, a single damaging post can pull it down in just a few hours. One false claim or disparaging review on Facebook or any social media platform can hurt your reputation. If this happens, here is what you can do and what you need to prove.
What counts as defamation
Not all bad reviews or hurtful words can be counted as defamation. The First Amendment protects an individual’s freedom of speech and expression. But the law also draws the line when someone’s false statement destroys your business. For example, it is not defamation when someone says they did not like the food in your restaurant. But if they say that they saw maggots and cockroaches in the food you serve and it is not true, then you can act against it.
However, defamation laws are quite tricky in Arkansas. Saying that someone hurt your feelings or damaged your reputation isn’t enough. If you want to take legal action for defamation, you must prove that the false statement led to a measurable setback.
Proving defamation in Arkansas
Pursuing a defamation lawsuit in Arkansas can be challenging but possible. Here are some of the things you need to prove:
- The false statement was presented as fact.
- The statement was published—one or more people have seen it aside from the victim.
- The statement caused actual harm, such as losing a contract or business.
In other words, you do not just show the evidence that the false statement was true but also how much it cost you.
What you can do now
Here are some practical steps you can take when someone posts a damaging statement against you:
- Track everything: Take screenshots of the post. If it is a video, download or screen record it, so you have evidence before they delete it. Also, take note of the social media platform, account and date.
- Never lash out publicly: While it is tempting to do that, lashing out in public can backfire.
- Request takedown: Most social media platforms may delete harmful posts if you request them.
- Document the impact: Has your business experienced any backlash after the post? Did a potential client back out without an explanation? Compile all emails and messages. You can also include missed opportunities, lost revenue or a sudden decrease in sales.
Always remember to keep cool when faced with a situation like this. Instead, gather all the proof you need to strengthen your case.
Be strategic—protect your credibility
When someone badmouths you on social media, it is tempting to lash out in response. But a respectful and factual answer can help protect your business and show credibility. While doing that, slowly build your case—the more facts and documents you can gather, the stronger your position will be. You can hold the responsible party accountable and it starts with knowing your rights.