From Content to Courtroom: When Influencers Get Sued
The rise of social media influencers has drastically reshaped the entertainment industry and the marketing industry, creating new opportunities for brands and individuals alike in Louisville, Kentucky, and across the globe.
Platforms like Instagram, YouTube, and TikTok have become arenas where influencers, who were once considered "everyday" people, now hold celebrity status. With all of this new fame, problems are bound to appear. At Chris Sanders Law PLLC, I can help you handle legal issues in this new space.
Influencers boast millions of followers, have the ability to make or break trends, and influence purchasing decisions with the simple click of a post or video. These influencers are trusted by their audiences, and their personal brand is often built around authenticity and relatability.
As their followings grow, so does their influence—often extending beyond product endorsements to shaping public opinions and sparking societal conversations. Their content, whether it’s a beauty tutorial, a product review, or even a lifestyle vlog, has the power to impact people’s perceptions of products, companies, and public figures.
However, with this immense power comes a significant responsibility to be mindful of the words and actions they share. While many influencers use their platforms for positive engagement, others find themselves in courtrooms, facing legal challenges and defamation claims.
The Influence of Social Media
Social media influencers have become central figures in digital marketing strategies. Brands are increasingly partnering with influencers to promote their products to a highly engaged audience. With their ability to shape opinions and generate buzz, influencers hold a unique power—one that isn’t without its risks.
The content they post—whether it’s product reviews, personal anecdotes, or social commentary—can potentially damage a person’s reputation, and sometimes, that leads to legal action. Influencers’ popularity and reach make them susceptible to being involved in defamation cases.
When their posts, videos, or statements are perceived as damaging, they could face the consequences of a defamation lawsuit.
What Is Defamation?
Defamation occurs when false statements are made about a person or entity that harm their reputation, either through written (libel) or spoken (slander) words. The rise of influencers in the public eye means their words and actions are scrutinized more closely than ever before.
For a defamation case to succeed, the plaintiff typically needs to prove the following:
The statement was made with actual malice or negligence (depending on the status of the plaintiff).
The statement was false.
The statement was published to a third party.
The statement caused harm to the plaintiff’s reputation.
For influencers, the harm caused by defamation can be especially significant. Given their online presence, the reach and impact of their words are often enormous. A defamation lawsuit can be a long and financially draining process.
Common Defamation Scenarios for Influencers
Defamation lawsuits targeting influencers aren’t as rare as one might think. Various situations can lead to influencers being sued for defamation, often involving accusations made against individuals, brands, or other influencers. Here are a few common scenarios.
Product Reviews Gone Wrong
Influencers often make their living by reviewing products. If they post a review that’s negative but unfounded, or worse, entirely fabricated, they may face legal action. For example, an influencer might post a video claiming that a certain skincare product caused them severe breakouts.
If the company can prove that the influencer’s claims were false and harmful to their reputation, they could potentially sue for defamation. In this case, the influencer would need to demonstrate that their review was based on truth or opinion.
If their statements were presented as factual (i.e., "this product caused me severe breakouts"), they could be construed as defamatory if proven to be false.
Personal Attacks on Other Influencers
The competitive arena of social media can sometimes lead to negative interactions between influencers. Accusations, insults, or harsh criticisms directed at another influencer can quickly escalate into defamation lawsuits.
For example, one influencer might claim that another is cheating or using fraudulent tactics to boost their follower count or engagement. If these claims are false and damaging to the accused influencer’s reputation, a defamation suit may follow.
Given the high visibility of influencers, any negative remarks made publicly can quickly go viral. As a result, an influencer may find themselves the target of a lawsuit if they make false statements that harm another influencer’s career or brand.
Political Commentary or Social Advocacy Gone Too Far
Influencers often use their platforms to share opinions on political or social issues, which can sometimes lead to defamation claims.
An influencer might make a sweeping statement about a public figure or company, accusing them of wrongdoing without evidence. For example, if an influencer accuses a politician of criminal activity based on rumors without substantiating the claim, they could be sued for defamation if the politician’s reputation is damaged.
Even though the First Amendment protects free speech, defamation claims can still be filed if false statements lead to harm. The line between free speech and defamation can sometimes be blurry, and influencers must tread carefully when sharing personal opinions or discussing sensitive topics.
Defamation and the Impact on Influencers
When an influencer is sued for defamation, the consequences can be severe. These lawsuits can lead to significant financial losses, including legal fees, settlements, and damages if the case goes to trial. The time and stress associated with defending against a defamation claim can also take a toll on an influencer’s mental and emotional well-being.
The public nature of the lawsuit can harm an influencer’s brand and lead to a loss of followers or business opportunities. Moreover, defamation lawsuits aren’t just limited to the content creators themselves.
In some cases, brands that collaborate with influencers may also find themselves at risk. For example, if an influencer’s defamatory statements are linked to a product they’ve endorsed, the brand could potentially face backlash or be named in a lawsuit.
What Can Influencers Do for Defamation Defenses?
Defending against a defamation lawsuit is challenging, but influencers do have some legal defenses available to them. Here are a few common defenses to defamation claims.
Truth
The most straightforward defense to a defamation claim is telling the truth. If the influencer can prove that their statement was true, they’ll not be held liable for defamation. However, proving the truth of a statement can be difficult, especially if the claim is about a person’s character or reputation rather than verifiable facts.
Opinion
Another defense is that the statement was an opinion rather than a factual claim. The First Amendment protects free speech, including opinions.
If an influencer frames their comments as personal opinions rather than presenting them as facts (e.g., "I didn’t like this product" instead of "This product is dangerous"), they may have a stronger defense against a defamation claim.
Privilege
Certain statements may be protected by privilege. For example, if an influencer comments on a public trial or an official government proceeding, their statements may be privileged, even if they’re false. However, this privilege doesn’t extend to all situations and depends on the context of the statement.
No Harm Done
In some cases, the plaintiff may be unable to prove that they suffered harm due to the influencer’s statement. Defamation cases often require the plaintiff to demonstrate actual harm to their reputation. If an influencer can show that their statement didn’t result in any significant damage to the plaintiff’s reputation or business, they may have a defense.
Best Practices for Influencers to Prevent Defamation Lawsuits
While influencers have the right to express their opinions, it’s essential to take steps to avoid potential legal trouble. Here are some best practices that can help prevent defamation lawsuits.
Fact-check before posting: Always verify the information before making public statements, especially when discussing other individuals or companies.
Use disclaimers: If sharing opinions or speculations, make it clear that the content is a personal opinion and not an established fact.
Be cautious with negative reviews: When reviewing products, make sure your statements are backed by personal experience or evidence. Avoid making sweeping generalizations or false claims.
Consult with legal counsel: If you're unsure about a potentially defamatory statement, consulting a lawyer before posting can save you significant time and trouble down the road.
If it’s too late to prevent a defamation lawsuit, working with an experienced attorney can help an influencer defend themselves against the claim.
Work With a Defamation Attorney Today
The responsibility that social media influencers wield is immense, but with this power comes the risk of legal consequences. Defamation lawsuits against influencers can arise from negative product reviews, personal attacks, and more. It’s crucial for influencers to be aware of the risks and take steps to protect themselves from defamation claims.
Contact me at Chris Sanders Law PLLC today for legal advice so you can continue to thrive while minimizing your exposure to legal troubles. Located in Louisville, Kentucky, my firm serves clients throughout Louisville and the greater Kentucky area.