Tragically, a court makes a misguided decision in a particularly contentious custody battle. After the decision is finalized, one of the parents harms, or even kills, their own child. The innocent parent whose child’s life has been adversely affected or cut short, berates the court. Also taken to task through social media, the parent laces into the custody professional who recommended the child placement arrangement that turned out to be unsound. Seeking to alert others to what the parent believes was a wholly inept or corrupt custody professional, public ridicule erupts. Sadly, this public evisceration can take place in less dramatic circumstances as well.
While the innocent parent’s reaction is understandable, the possibility of becoming the recipient of a defamation lawsuit may have unknowingly begun. Attorneys know that defamation is the act of damaging the reputation of a person or business. It can take the form of slander and/or libel. Slander is done by saying something defamatory; libel is done by writing and publishing the defamatory act. Laypeople may not realize that their social media activism may, indeed, be actionable.
