Suing for Defamation in New York
At Veridian Legal, we recognize the devastating impact false statements can have on your reputation, business, and personal life. Defamation law in New York offers a powerful tool to address and remedy this harm. Our experienced New York defamation lawyers are here to navigate the complexities of suing for defamation on your behalf.
What Is Defamation in New York?
Defamation involves a false statement presented as fact that damages an individual’s or entity’s reputation. In New York, it falls into two categories:
Libel: Written or published falsehoods, such as those in articles, social media posts, or online reviews.
Slander: Spoken falsehoods, such as remarks made in public or private settings.
To sue someone for defamation in New York, a plaintiff typically must prove:
A false statement was made about them.
The statement was shared with a third party.
The statement harmed their reputation.
The defendant acted with fault—negligence for private individuals, or “actual malice” (knowing falsity or reckless disregard for the truth) for public figures or public matters.
Key Elements of New York Defamation Law
Statute of Limitations
The statute of limitations for defamation claims in New York is one year from the statement’s first publication or utterance. Under the “single publication rule,” the clock starts with the initial posting, though republication on a new platform could restart it.
Defamation Per Se
Some statements are so harmful they’re deemed “defamation per se,” requiring no proof of specific damages. In New York, these include:
Accusations of serious crimes.
Claims damaging someone’s business or profession.
Allegations of a “loathsome disease.”
Imputations of unchastity to a woman.
Defenses to Defamation
Defendants facing a defamation lawsuit in New York may rely on:
Truth: A true statement is not defamatory, no matter the harm.
Opinion: Pure opinions are protected under the First Amendment.
Privilege: Statements in contexts like court proceedings or fair reporting (N.Y. Civil Rights Law § 74) may be immune. Statements made to specific limited audiences may be protected by common interest privilege.
New York’s Anti-SLAPP Law
New York bolstered its Anti-SLAPP statute in 2020 (Civil Rights Law § 76-a), protecting free speech on public matters. Plaintiffs suing for defamation that took place in public forums (e.g., online platforms) must now often prove “actual malice,” and defendants can recover legal fees if the suit if actual malice cannot be proven. This law aims to balance reputation protection with First Amendment rights. In practice, the new rules have forever changed the landscape and risk involved in bringing defamation lawsuits in New York.
Online Defamation and Section 230
The digital age has amplified defamation’s reach, with false statements on social media, blogs, or review sites spreading quickly. While Section 230 of the Communications Decency Act shields platforms from liability for user content, the individual poster can still be held accountable. At Veridian Legal, our New York defamation lawyers have over a decade of experience identifying anonymous online speakers, ensuring justice for our clients.
Pre-Action Discovery: Unmasking Anonymous Defamers
One of Veridian Legal’s key strengths is our proven ability to identify anonymous online speakers using pre-action discovery. For more than a decade, we’ve leveraged this powerful legal tool under New York law (e.g., CPLR § 3102(c)) to unmask defamers hiding behind pseudonyms or fake profiles. Before filing a lawsuit, we petition courts to compel internet service providers, social media platforms, or other entities to disclose the identities of those responsible for defamatory statements. This approach allows us to build strong cases and hold the right parties accountable, even in the complex digital landscape. If you’ve been targeted by an anonymous defamer, our New York defamation lawyers are uniquely equipped to help you sue someone for defamation and restore your reputation.
Why Choose Veridian Legal for Your Defamation Case?
At Veridian Legal, we understand the emotional and financial toll that defamation can take. We are dedicated to providing aggressive and effective legal representation to individuals who have been wronged. Here's what sets us apart:
Extensive Experience: With over a decade of experience, we have a proven track record of success in handling complex defamation cases in New York.
Unmasking Anonymous Defamers: We have a proven track record of identifying and unmasking anonymous online defamers, holding them accountable for their actions. We utilize cutting edge techniques and legal strategies to reveal their identities.
New York Focus: We are a New York-based firm with a deep understanding of New York defamation law and the local court system.
Personalized Attention: We provide personalized attention to each of our clients, ensuring that your case receives the thorough and dedicated representation it deserves.
Aggressive Advocacy: We are committed to aggressively pursuing your case and fighting for the maximum compensation you deserve.
Contact Our New York Defamation Lawyers
Don’t let defamation ruin your reputation or livelihood. Contact Veridian Legal today at (212) 706-1007 or fill out the form below to schedule a consultation. Our skilled New York defamation lawyers are ready to help you protect your name.
Veridian Legal Defamation Blog
Client Reviews
Meet the Team
-
Cali Madia
PARTNER
-
Daniel Szalkiewicz
PARTNER