Defamation is a statement or type of communication that injures someone’s reputation (Kelleher, 2018). There are four main points that count as defamation in a court of law. The statement must actually be false and hurt someone’s reputation, the statement must be published or spoken to at least one other person besides the person or company who is the subject of the statement, the false statement has to be factual, and the statement must be made with fault (Kelleher, 2018). Social media posts on Instagram, Facebook, and Twitter are indeed subject to libel laws (Kelleher, 2018). “Twibel'' is an informal term that combines Twitter and libel to describe certain cases in which libel is committed on Twitter (Kelleher, 2018). The first case of “Twibel” occurred after a fashion designer, Dawn Simorangkir, sued a punk rocker and actress, Courtney Love Cobain for libelous Twitter statements (Kelleher, 2018). This first case of "Twibel” was just the beginning of the many libelous Twitter statements that have surfaced since the infamous case in 2009 (Kelleher, 2018). Before suing someone for defamation, it is crucial to understand the difference between exaggerated statements and actual defamation.
When looking at the three tweets from a Twitter user about Best Burger, it is important to note the difference between hyperbole and defamation. The first negative Twitter post said, “Best Burger is the WORST restaurant EVER!!! #nevereathere.” This tweet does not count as defamation since it is merely an exaggerated statement. This tweet would not hold up in a court of law since it would qualify as exaggerated name calling. Best Burger does not have the grounds to sue this particular Twitter user based on this one tweet, because it cannot actually damage the reputation of Best Burger in a way that can be proven.
The next tweet said, “Best Burger’s food tastes like cardboard. It isn’t even real food.” Tweet two is borderline defamation; however, it leans more towards being a hyperbole. The statements in tweet two were most likely not written to be taken literally. In addition, the statements in this particular tweet will generally be regarded by fellow Twitter users as an exaggeration, and they will not most likely not take this tweet as a factual statement. While this tweet is rude and obnoxious, it does not qualify as defamation since it does not follow the four requirements used in a court of law.
Finally, the third tweet said, “Best Burger is not worth the price. They use dog food to make their hamburgers.” This tweet clearly qualifies as defamation since it follows all four of the main points that count as defamation in a court of law. It clearly hurts the reputation of Best Burger, it was posted on a social media platform for more than one person to see, and the false statement is stated as a fact. Furthermore, the statement was made with fault. This means the person posting this tweet was either carelessly negligent or knew the statement was false and posted it anyway (Kelleher, 2018). This is the only tweet out of the three that could qualify as defamation in a court of law.
Works Cited
Kelleher, T. (2018). Public relations (2nd ed.). Oxford University Press.
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