Online defamation and harassment demand different tactics depending on the facts. Use these tabs to spot the legal elements, choose the right remedy, and avoid mistakes like anti-SLAPP exposure, Streisand blowback, or letters that escalate unsafe situations.
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Elements You Must Prove
False statement of fact, published to a third party, that injured reputation, with fault (negligence or actual malice) and no privilege.
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Fact vs. Opinion
“Scammer” or “fraud” can be actionable if tied to undisclosed facts; pure insults (“terrible business”) are protected opinion. Demand letters should target verifiable statements.
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Timing & Single Publication
CA statute of limitations is 1 year from first publication. Old posts usually cannot be sued over; focus on removal/rebuttal instead of threats you can’t enforce.
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Public Figures
Must prove actual malice. If you can’t show the poster knew it was false or recklessly disregarded truth, threats of suit often backfire.
Tip: Use demand letters when the speaker is identifiable, rational, and the statements are clearly false facts causing concrete harm.
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Cyberstalking & Threats (PC 646.9)
Credible threats + repeated harassment = criminal cyberstalking. Demand letters can escalate; go straight to documentation, restraining orders, and police.
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Doxxing & Cyber Harassment (PC 653.2)
Publishing personal info to incite harassment is a crime. Prioritize safety and take down requests; letters may validate the harasser.
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Image-Based Abuse
Nonconsensual intimate images fall under revenge porn statutes. Use platform emergency reporting, law enforcement, and CCRI resources before considering any letter.
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When Not to Send a Letter
If the actor is obsessive, unstable, anonymous, or judgment-proof, legal threats typically inflame. Opt for restraining orders or strategic silence.
⚖️ Civil Harassment Restraining Orders (CCP § 527.6)
Use CH-ROs when there’s unlawful violence, credible threats, or a course of conduct that seriously harasses and serves no legitimate purpose. Orders can prohibit online contact/posts and provide arrest-backed enforcement.
1.Assess speaker: known & solvent vs anonymous or unhinged.
2.Classify conduct: defamation, harassment, stalking, image abuse, or opinion.
3.Weigh SOL, anti-SLAPP risk, and privilege.
4.Choose remedy:
  • Defamation letter/retraction request (strong facts).
  • Platform removal + reputation management (minimal risk).
  • Civil harassment RO / police (credible threats or doxxing).
  • Ignore/document (fringe speech where Streisand effect is likely).
🧨 Litigation Privilege & Anti-SLAPP
Demand letters tied to real litigation are privileged, but anti-SLAPP can still strike weak lawsuits. Flatley v. Mauro warns: don’t cross into extortion by threatening regulatory, tax, or criminal exposure in exchange for payment.
🧪 Streisand Check
Ask: will legal threats amplify the content more than ignoring it? For niche forums or low-reach posts, letters may do more harm than good.
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Section 230 Reality
Platforms (Facebook, Yelp, Reddit, etc.) are immune from defamation liability for user content. Target the poster, not the host; use ToS reporting for removal.
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Platform Reporting
Flag posts under harassment, doxxing, hate, impersonation, or intimate-image policies. Reference specific rule violations for faster takedowns.
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Anonymous Posters
Identifying them requires subpoenas and is costly. Evaluate whether unmasking is worth the expense before threatening litigation you can’t enforce.
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Demand Letter Pitfalls
Letters to platforms demanding liability show misunderstanding of Section 230. Frame requests as policy violations, not defamation threats.
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Defamation Evidence Kit
Save URLs, screenshots with timestamps, follower counts, and proof each statement is false. Document lost business, clients, or platform bans.
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Harassment Log
Maintain chronological log of messages, doxxing posts, threats, and any law enforcement or platform reports. Crucial for restraining orders.
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Document Attempts
Note prior outreach, platform reports, and any admissions or refusals to correct. Shows reasonableness before litigation.
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Escalation Channels
FTC/CFPB for unfair practices, CPSC/NHTSA for safety, California DCA, CCRI for image abuse, and civil harassment RO process (CCP §527.6).
Remember: Demand letters are tools, not default reactions. Match your response to the actor, platform, legal strength, and safety risk.
Primary Guides & Statutes
Harassment & Safety Reporting
Platform & Practical Tactics