Recently, in our article concerning defamation in Georgia divorce, we discussed the risk of being held liable for defamation for making false or negligent statements concerning a current or ex-spouse. However, a recent California case may expand that potential liability by allowing individuals to be held liable for their online statements, such as statements made on Twitter, Facebook or other social media sites.
According to reports by the Associated Press and the Los Angeles Times, on January 17, a California jury rendered a verdict in favor of Courtney Love in a libel lawsuit brought against the singer/actress by her former attorney. The libel suit was initiated by Love’s former attorney, Rhonda Holmes. In her suit, Holmes sought $8 million in damages from Love and asked the jury to hold Love accountable for the social media message she published via Twitter in which she allegedly suggested that Holmes has been “’bought off’ from pursuing a fraud case concerning the estate of Love’s late husband, singer Kurt Cobain of Nirvana.” Although the jury concluded that Love had included false information in her tweet, the jury returned a verdict in her favor because they found Love did not know the information was untrue.
This case is noteworthy because the suit brought by Holmes is reportedly the first defamation suit tried in the United States over a message posted on Twitter. Even though the jury found in Love’s favor, this suit may serve as an example for those seeking to bring similar suits in other states due to defamatory statements made against them on social media sites. This case is particularly interesting in the context of divorce, as many ex-spouses or soon to be ex-spouses often take to Facebook, Twitter and other social media websites to vent about their marital concerns or issues in their divorce. If this case service is an example of what is to come in defamation litigation, then divorce litigants should take extra care regarding the statements they make on social media sites. In fact, even if the veracity of the statement is undisputable, it is advisable for spouses to refrain from airing details concerning their divorce via social media. Not only could such statement potentially lead to a defamation suit, but such statements may also prove to be embarrassing or harmful should they be viewed by children involved in the matter or other unintended individuals.