Get A Court Order To Remove Defamatory Material

Google plus privacy issueThe Internet is a double-edged sword — especially for small businesses. It’s a cost-effective marketing tool, but it’s also fertile soil for defamatory claims. If you’re the victim of an online smear campaign, and you’re curious how to remove defamation from Google and other search engines — keep reading.

First, Prove Defamation

To meet the burden of proof in an Internet defamation case, gather the following:

  1. A list of URLs where the untruthful content can be seen online;
  2. Hard Copies of Web pages on which the libelous content resides;
  3. If you’re a business, gather a portfolio of financial information that clearly shows a decline in business. If you’re an individual, collect information proving that the material harmed your reputation and/or how it affects your ability to find employment.

Getting libelous content removed from a website and convincing Big-G’s overlords to remove defamatory material from Google’s index are two completely different beasts.

Thanks to Section 230 of the CDA, without a court order search engines carry no legal obligation to remove material from indices or informational databases. In other words, demanding that Google remove X, Y or Z from its search results would prove useless and fruitless. What you can do, however, is politely approach the webmaster of the site on which the false information appears and ask that it be taken down.

I Asked A Website To Remove Something. They Refused. Now What?

What happens when webmasters refuse to remove defamatory content from their sites?

  1. Ask for the poster’s contact information so you can serve a libel notice to the individual. If they’ve refused your requests thus far, they’re probably not going to take you up on this offer. That’s OK.
  2. Either represent yourself or hire an attorney to file a civil libel action against John Doe. The court will then facilitate a way to obtain the defendant’s contact information.
  3. Re-approach the webmaster and provide proof of the legal action. Many webmasters don’t want to be dragged into a legal battle that has nothing to do with them, and at this stage will remove the offending content.
  4. If nothing happens, the next step is court. If a judge rules in your favor, the bench  will order an injunction stipulating removal of the libelous content.
  5. Once you get the injunction, head over to Google’s handy “submit a court order” form. Fill it out completely, then sit back and wait to receive word.

Axiomatic is the understanding that Internet defamation is frustrating as heck — and it can ruin a business; but if you maintain a cool attitude throughout, and provide adequate proof of harm, you may be able to excise the offending content.

Contact A Lawyer Who Knows How To Remove Defamation From Google Quickly and Quietly

Have you been smeared online? Contact Kelly / Warner today.

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