Practice Areas
Business First, Legal Forum, October 11, 2013
Online defamation cases are continually increasing. In a defamation suit, the alleging party must prove several things: that the subject statement is false, was communicated to others, and, as a result, caused injury. A personal opinion is never defamation, no matter how negative or unflattering. Kentucky is defamation per se state, meaning that, in some instances, injury is presumed when certain types of statements are made. Thus, the defamed person or business may recover without allegation or proof of special damages. Alleging conduct incompatible with a person's business, trade, profession or office is a defamatory per se statement. In the event that a truly false and injurious comment is made in a consumer review site, contact the site administrators and ask for its removal. If the administrators will not comply, consider contacting legal counsel to pursue action against the user who posted the comments. You may also want to consider responding to the post directly online if the site will allow for comments, but be sure to do so in a professional manner.
