The constitution protects each citizen’s right to free speech. Free speech means that there are no limitations to what you can write or say. However, defamation rules are there to ensure that one does not say or publish false statements that are considered defamatory. Defamation is a tort. This means that you can sue through civil action.

It is important to note that the digital era has expanded free speech. Facebook, Twitter and social media have given people the platform to enjoy free speech and air their opinions. However, this has also presented numerous cases for defamation. It is important to note that there are two types of defamation:

1.    Libel- this deals with false statements that are published. Statements written on social media or on the Internet falls under this category.

2.    Oral – These are statements that are spoken.

It is important to understand the elements needed for a defamation cases especially now that people are enjoying the digital platform offered by the Internet. For one to sue for defamation, he has to prove the following:

1.    That the statement was made- it is important to note that tweets and Facebook posts count. Therefore, if you wrote or said anything false using social media, it can be used against you in a defamation case.

2.    The false statement was published- you must prove that the statement was spoken or written in the presence of a third party.

3.    There must be injury caused by the statement- you have to show that the published statement injured your reputation. If you cannot prove this, then you have no case.

4.    It must be a false statement- if the statement said injured your reputation and it is true then it is not defamation. You can only file for defamation, if the statement is false.

5.    Privileged information cannot be used- if the statement is privilege information then it cannot be used in such a case.

Digital defamation is becoming the hot new tort because people are not careful when using social media. It is possible to file for defamation if someone ruins your reputation through social media. If you think that you have a defamation case, it is possible to get an attorney that deals with defamation to assist. He will tell you whether your case is viable or not. He will also assist in the filing or defending of your defamation case.