Because online content can be deleted, edited, hidden or become difficult to locate, you should act to protect your reputation by preserving the evidence of defamation as soon as possible. Here is our guide:
- Keep details of the account name who published the material
- Screenshot defamatory post(s)
- Download defamatory video(s) or, if this is not possible, screen record the footage on your device
- Note time/date of post(s) (preferably within the screenshot of the post)
Important: We highly advise an affected individual that they should not contact the poster of the defamatory material until the evidence has been preserved and legal advice sought. Any action taken toward a potential defamer may risk prejudicing any future legal proceedings.
For different social media platforms, it is important to record the specific details of any defamatory material separately as each platform displays engagement and reach in different ways. This helps assess how widely the material has been shared, viewed and circulated to others – documenting the extent of the defamation. Here is our guide to preserving evidence for some of the more common platforms: (have each of these in separate drop-down/to side boxes so they are differentiated properly and do not all appear on the page – tidy):
- Twitter/X: Screenshot tweet, follower count, likes, retweets, views, comments (i.e., number of comments + comments themselves – may be more defamatory material in the comments)
- TikTok: screen record/save video, screenshot follower count, likes, shares, bookmarks (should be able to do in single screenshot), comments (no. of/comments themselves)
- Instagram: screenshot post/story (quickly for story before deletion), follower count, comments (no. of/comments themselves), likes, shares, bookmarks
- Facebook: screenshot posts, follower count, comments (+ reactions to comments), likes, shares
- LinkedIn: screenshot posts, follower count, likes, comments, reposts, reactions
- WhatsApp: screenshot messages (whole conversation, not just individual messages – as context is often required), images on story, message reactions/likes, mobile phone number where identified
- WeChat: Screenshot messages/images (whole conversation, not just individual messages – again, context is required), their WeChat ID (found on their profile page). For Moments or Group Chats, record the number of views, likes, comments and total group members
- Reddit: screenshot post(s) in full, comments, reactions, upvotes and downvotes, number of shares
- Tumblr: screenshot post, blog name, username/URL, full wording of the post, images/videos/GIFs included, tags/hashtags, number of notes, likes, reblogs, replies/comments, reblog chains, captions added by other users, comments in tags, follower count if visible, post URL, date and time you captured the evidence
- Telegram: screenshot of the message/post, channel or group name, username/handle, date and time posted, full wording, images/videos/files, number of views, reactions, replies/comments, forwards/shares if visible, sender details, message link, date and time captured
- YouTube: screenshot of the video/post/comment, channel name, handle/URL, date uploaded or posted, title, description, full wording being complained of, video timestamp if relevant, views, likes, comments/comment content, shares if visible, subscriber count, video/comment URL, date and time captured
- Twitch: screenshot of the stream/clip/VOD, chat message or profile, channel name, username/URL, date and time posted or broadcast, full wording being complained of, video timestamp if relevant, clip/VOD title, views, chat messages, comments, reactions/emotes, follower/subscriber count if visible, clip/VOD/chat URL, date and time captured
Speak to Us
If you need experienced legal representation in London, or you are in the UK and require assistance with a defamation matter, we would be pleased to discuss how we can help.
Because we are a leading boutique in London law firm with over 30 years of experience, we have successfully advised businesses, large organisations, professionals, and private individuals across the UK and internationally. We provide tailored legal solutions that are focused on achieving the best possible outcome for our clients, handling matters efficiently, strategically, and as swiftly as possible.
If you need advice or assistance, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.