Can you be sued for a post? Understanding social media defamation

Beth Donaldson, Solicitor, Commercial Litigation & Dispute Resolution

Social media posts can reach thousands—or even millions—of people within seconds. And unlike traditional print publications, these posts often stay online indefinitely, meaning their impact can last much longer.
In today’s digital world, disputes over social media content are becoming increasingly common. A single comment or post can lead to serious reputational, personal, or financial consequences. Simply deleting a defamatory post or clicking ‘unlike’ is rarely enough to undo the damage.

In this article, Adam Chaffer, Associate and Accredited Mediator, and Beth Donaldson, Solicitor—both specialists in media and communications disputes—look at the key legal considerations in social media defamation cases and offer practical guidance on how to protect your reputation.

What do you need to prove in a defamation claim?
To bring a successful defamation (specifically, libel) claim, the following four elements usually need to be established:

1. The statement was defamatory
   The post must have caused, or be likely to cause, damage to the claimant’s reputation in the eyes of a reasonable member of the public.
2. The statement referred to the claimant
   The person bringing the claim must be clearly identifiable from the content—either by name or by inference.
3. The statement was published
   It must have been shared with at least one person other than the claimant.
4. The harm was serious
   The impact must be serious. For individuals, that means serious harm to their reputation. For businesses, it means serious financial loss.

It’s also important to act quickly—libel claims must be brought within 12 months of the statement being published. Missing this window could mean the right to bring a claim is lost.

A recent case: Blake and Seymour v. Fox
A good example of how damaging social media defamation can be is the 2024 case of Blake and Seymour v. Fox.
Actor Laurence Fox was ordered to pay £90,000 in damages to each claimant after falsely accusing them of being paedophiles in a post on X (formerly Twitter). The post was seen by thousands and was widely shared before being taken down.
The court made it clear: deleting a post doesn’t erase the harm done—and doesn’t remove legal responsibility. Content on social media can be reposted or screenshotted in seconds, meaning its impact can continue long after the original post is removed.

When to think twice about legal action
Although online libel can be damaging, going to court isn't always the best option. Social media moves fast, and harmful content often gets buried quickly under newer posts.
In some cases, legal action can unintentionally bring more attention to the post. What was once seen by a few could suddenly be picked up by the media or amplified by public interest.

Before taking legal steps, it’s worth considering:

• Has the post caused lasting or serious harm?
• Is it still being shared or gaining traction?
• Could legal action make things worse by drawing more attention to it?
  In short: sometimes a strategic, low-profile approach may be more effective than a high-profile legal battle.

How we can help
If you’re considering legal action because of defamatory content—or you’ve been accused of posting something defamatory—getting the right advice early is essential.
Social media defamation is a complex and evolving area. Our team provides clear, practical guidance tailored to your situation—helping you weigh the risks, assess the damage, and choose the right course of action.

For more information or confidential advice, get in touch with Adam Chaffer or Beth Donaldson