Have you experienced social media defamation? In the age of social media, your reputation can be damaged in an instant. Online attacks, the nonconsensual sharing of private content, and other forms of digital defamation have become increasingly common—and the legal landscape surrounding these issues is complex. Section 230 of the Communications Decency Act plays a pivotal role in determining when platforms may be held accountable and when individuals must be pursued directly.
At The Lomnitzer Firm P.A., our experienced online defamation attorneys are dedicated to helping you navigate these challenges. By leveraging both federal and state remedies, we work to defend your rights, restore your reputation, and take decisive action against those responsible for harmful online conduct.
Congress enacted Section 230 of the Communications Act of 1934 in 1996 as part of the Communications Decency Act. Section 230 generally provides limited immunity under federal law to providers and users of interactive online services. Section 230, found at 47 U.S.C. § 230, provides the following: “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
This provision generally prevents providers and users from being held liable for content provided by a third party. Nonetheless, they can still be liable for information they developed or for activities unrelated to content provided by third parties. In the social media context, Section 230 has shielded social media companies from lawsuits for decisions to permit or disallow third-party content. In other words, social media companies like Facebook, X, and Instagram are not liable for users of those platforms who make defamatory posts, comments, or reviews.
Furthermore, Section 230 provides a “safe harbor” for social media companies that act in good faith when removing or restricting certain content they believe is objectionable. Generally, Section 230 preempts or supersedes state laws addressing the same issues, including Florida’s state defamation law. Federal courts have uniformly upheld Section 230 and the substantial liability protection that it affords social media companies.
Section 230 contains a few exceptions for which social media companies still could face liability, which include the following:
While social media companies generally have no liability for defamatory content posted by platform users, each company still has rules that govern its users and content posted. Therefore, victims of social media defamation can contact the companies directly and request removal. For instance, the Facebook Defamation Policy allows individuals to report offensive or misleading content. Facebook will then remove the content if it determines that it violates the company’s policy.
Another federal law, “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act” or the TAKE IT DOWN Act (“the Act”) may apply in the cases of knowing publication of “intimate visual depictions” or “digital forgeries” of identifiable persons on social media platforms. While it is the user of the platform that is subject to the criminal aspects of the law, it does contemplate a centralized, nationwide system where victims of revenge porn can submit removal requests. The TAKE IT DOWN Act requires social media companies to remove flagged content more quickly and completely.
Generally, no. Section 230 shields platforms from liability for third-party content, even if it spreads widely. However, you may still pursue the individual poster directly. In some cases, if the platform itself materially contributed to the content or ignored obligations under laws like the TAKE IT DOWN Act, liability could shift. An online defamation attorney can help evaluate whether your situation falls within one of these exceptions.
Document everything. Screenshots, URLs, timestamps, and evidence of reputational harm (such as lost business opportunities or employment consequences) are critical. You should also report the content to the platform under its community guidelines, which may result in quicker removal. Legal remedies are stronger when you can show both the defamatory nature of the post and the real-world impact it caused you.
Section 230 sets the baseline for platform immunity, but state defamation laws govern claims against individuals. For example, Florida law provides remedies for defamation, but those claims must be directed at the person who made the harmful statements, not the platform. Federal exceptions—such as intellectual property infringement or criminal conduct—can override Section 230 and create additional avenues for relief in some cases.
Your reputation is one of your most valuable assets, and it deserves strong protection in the digital age. While Section 230 shapes the responsibilities of online platforms, individuals still have powerful legal remedies to pursue against those who spread harmful or defamatory content. The Delray Beach online defamation attorneys at The Lomnitzer Firm P.A., our online defamation attorneys are committed to helping you understand your rights, navigate complex laws, and take decisive action to restore your good name. Contact us today at (800) 853-9692 or reach out online to discuss your situation and begin building a strategy to safeguard your personal and professional image.
