Washington D.C. Cyber Defamation Law

To meet the threshold for criminal cyber defamation, three core elements must be satisfied:

1. 
   Publication (Public Communication):
   The content must be accessible by the general public or a group of people. Even private messages may meet this standard if they can be forwarded or screen-captured and shared broadly.
2. Factual Statement or Falsehood:
   The message must contain verifiable factual claims, whether true or false. Pure opinion or vague insults are generally excluded unless they imply an untrue fact.
3. Identifiability of the Victim:
   The target must be identifiable either by name or through context. Even without naming the person, references to employment, appearance, or incidents may clearly point to an individual.

Cyber defamation is unlikely to be prosecuted in the following instances:

• When the statement is true and made for the public benefit, such as investigative journalism or whistleblowing.
• If the person targeted is not clearly identifiable, like vague references to a group or community without a clear individual.
• If the post represents fair comment or criticism that is socially reasonable and not excessively malicious.

Cyber defamation is generally treated as a misdemeanor, but it may be elevated to a felony if the content leads to significant harm, repeated targeting, or threats.

The law also recognizes intent to defame as a crucial aggravating factor. If the intent was merely to criticize without harm, lesser penalties may apply or prosecution may be declined.

Identify the Harmful Content
Capture all online content including the post, author ID, URL, and timestamp. Use official time-stamping tools to ensure credibility.

Draft and Submit a Criminal Complaint
Complaints can be filed at your local police station or online through the D.C. cybercrime reporting portal. Include:

A written summary of the situation

Copies of harmful content

Screenshots and metadata if possible

Investigation Phase
Police or prosecutors may contact platform operators (such as Facebook or Reddit) to obtain IP addresses or registration data. A subpoena may be issued if the poster’s identity is not public.

Charging and Prosecution
If the suspect is identified and intent to defame is established, charges may be filed. If not, civil legal options remain available.

Parallel Civil Claim
Victims can also file a defamation lawsuit for damages. Criminal and civil claims may proceed concurrently.

• Full screenshot of the webpage (not just the comment)
• Visible posting time, username, and URL
• Contextual references that identify the victim
• Statements from friends or third parties who saw the content
• Official reports (e.g., hospital records if mental health was impacted)
• Contradictory documents that disprove false claims (e.g., contracts, emails)

Early reporting improves the likelihood of platform data retention, which can assist in tracking IP addresses before logs are erased.