#rmwarnerlaw

As we've said before, in the U.S. the defamatory statement had to cause you some type of harm in order for you to seek justice, however, in the U.K. the requirements are even more basic.

The statement in question must identify or refer to the claimant, neither of which happened in #AmberHeard's original op-ed- and although the op-ed was written and published in the United States, the Sun reported on it.

Further more, the Sun reported on an op-ed that did not explicity state Johnny Depp's name- HOWEVER, the op-ed was (and still is) of major public interest of millions around the globe.

Not only was the Sun not privy to the knowledge of (potential) defamation prior to commenting on it (making them unaware and in the clear accoridng to Reg. 19 of the 2002 EC Directive in the UK), BUT they also are protected under the UK defense of #reynoldsprivilege.

Lastly, careful research and responible behavior is rather subjective to the eye of the beholder so the decision to dispense the jury in favor of a judge made that subjective decision the monumental deciding factor and decreased Johnny's odds in having someone see his side.

This situation is the perfect example of why hiring an experienced and knowledgable #defamationlawyer is key.

A RM Warner #defamationattorney will make sure to fight for your right to a fair trial, regardless of the state or country you reside in, and will come prepared with the knowledge of that territory's laws so you're protected no matter the region.

Unfortunately, #copyrightissues on the Internet are much bigger issues today than ever before, especially with so many people ripping off #contentcreators on social media.

However, the U.S. government created specific laws that websites and platforms must abide by to curb this behavior, and thus the DMCA was born.

#DMCA stands for the Digital Millennium Copyright Act, and it can get your stolen work removed from websites.

If you're a victim of #copyrightinfringement, you the option to send a DMCA notice to the third-party website or Internet service provider displaying the content. This frequently results in the third-party website or Internet service provider taking down the content.

As explained in our #legalinfographic, a DMCA notice is a written demand that informs an Internet service provider, web host, search engine, or company that they are hosting content that infringes on a copyright. The service provider is exempted from liability for infringement, if and only if, the service provider complies with the steps in the DMCA rules under #section230.

#Digitalmarketers should be well versed in the importance of #DotComDisclosures, however if you're just launching your own #ecommercebrand or #smallbusiness, then you might not even know what a 'dot com disclosure' even is.

The #FTC has a dot com disclosure guide which is used to describe the information businesses should consider as they develop online ads and promotional campaigns, including social media marketing initiatives.

Or, in less formal speech: it’s the online marketing rule book created by the nation’s “consumer watchdog”, and violations can run in the millions so we complied the top 4 things to look out for when creating your own disclosure.

Remember to place disclosures close to the things they’re referencing and understandable. Don't hide disclosures (or links to disclosures)- this goes for your #termsandconditions as well. Lastly, monitor your #affiliatemarketing! If you use affiliates to market your product or service, you’re responsible for monitoring their actions to ensure FTC compliance.

The Federal Trade Commission has made its position crystal clear: Brands and marketers are responsible for affiliates’ actions. Full stop. No excuses.

The #FTC’s stance raises a fundamental #onlinemarketing legal question: How are businesses supposed to monitor every single one of their #affiliates — especially brands with thousands of them?

Luckily, commissioners aren’t regulatory robots lacking all common sense. They do understand that businesses can’t babysit affiliates on a daily basis.

In the FTC’s words: "It’s unrealistic to expect you to be aware of every single statement made by a member of your network. But it’s up to you to make a reasonable effort to know what participants in your network are saying."

Word to the wise: You don’t want the FTC sniffing around your operation. The investigation process can be a headache – not to mention the negative effect it could have on cash flow and sales.

#DidYouKnow that #cyberharassment is punishable in #newjersey? We've talked before about how there are no federal laws on #cyberbullying, and how some states still don't have specific cyberbullying laws, but cyber harassment is a whole other story.

There are some federal laws regarding acts considered as cyber harassment, such as #cyberstalking, but none as in depth as New Jersey's blanket #cyberharassment law.

Although based in #Arizona, we handle cases in all 50 states and can help clients from all over country. If you're experiencing cyber harassment in New Jersey, here's what to do next:

Gather proof! The harassment must come from the defendant via the internet, social media, or other electronic means of communication who had the sole intent to harass. Lastly, the harassment must include a threat to person or property, to commit a crime, or involved lewd, indecent or obscene material.

Side note: in New Jersey, they also have provisions depending on your age as well as your relationship with the harasser/harassed, so your cyber harassment charge could evolve into a multitude of charges.

We've talked about how public figures, like #JohnnyDepp and #AmberHeard, must prove #actualmalice in a #defamationlawsuit, but we haven't touched on an important aspect private citizens must prove in a #defamationtrial.

A plaintiff will have to prove the defendant acted with #negligence. This can be done by showing that the defendant did not act with a reasonable level of care in publishing the statement in question.

In layman's terms, this means that the defendant did not do everything reasonably necessary to determine whether the statement was true- this includes: researching, editing, and fact checking their work.

In case you didn't know, the #johnnydepptrial is being held in #fairfaxVA, and if you remember we've talked before about how #defamationlaw varies state to state so it might not come as a surprise to find out that Virginia is one of the hardest states to win a #defamationlawsuit if you're a public figure.

However, #JohnnyDepp has done a fantastic job at proving #actualmalice by explaining, not only how, but WHY #AmberHeard would want to cause him intentional harm.

We've also talked about how defamation is a #civiltort so no criminal consequences will be imposed upon the guilty party. However, in some cases in Virginia, the person that has been “defamed” can even submit the statements to the police for criminal charges.

So yes, that means if #AmberHeardIsGuilty then she could be facing criminal charges since the Virginia statute states that actionable statements must cause harm that is brought to the person that prevents them from working or harms his or her professional reputation.

If there is one thing you take away from this situation, it should be how nuanced #defamationlaw is, and how critical it is that you have an experienced #defamationlawyer who is knowledgable in your state laws.

#Defamation is one of our most popular case matters, and although many people think of celebrities or public figures as susceptible to this problem, they often forget that they are too.

You don't have to start your own #ecommercebrand to get defamed, just like you don't have to be in a hit motion picture to get ridiculed. It can happen to anyone, and that is the scariest part.

A good example of this happening to someone who is not in the public eye, would be when college students get falsely accused of crimes or extreme prejudice causing them to lose admission or their scholarship.

#Defamationlawsuits can be daunting, but they don't have to be, and in fact you can take certain preventative measures, like the ones we outlined here, to help prevent the worst case scenario from even happening in the first place.