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Fighting Back Against Anonymous Online Harassment: Legal Options for Businesses and Individuals in New Hampshire 

Fighting Back Against Anonymous Online Harassment: Legal Options for Businesses and Individuals in New Hampshire 
 
False reviews and anonymous online attacks can hurt your business reputation. This guide explains how New Hampshire businesses can track down harassers, pursue defamation claims, and protect themselves under state and federal law.
 
In today's digital world, false reviews, defamatory social media posts, and anonymous attacks on platforms like Google, Yelp, Facebook, and others can severely damage a business's reputation and bottom line. As a Manchester, NH attorney with experience in defamation and civil litigation, I help clients protect their good name from these anonymous harassers who hide behind screens. Understanding Defamation in New Hampshire
Defamation includes libel (written statements, such as online posts or reviews) and slander (spoken words). To succeed in a New Hampshire civil defamation claim, a plaintiff must generally prove:
  • The defendant made a false statement of fact (not mere opinion).
  • The statement was published to a third party.
  • It caused harm to the plaintiff's reputation, resulting in damages (such as lost business).
  • The defendant acted with the required level of fault — typically negligence for private figures.
Certain statements qualify as defamation per se, where damages are presumed. These include false accusations of criminal conduct or statements that harm one's profession or business. 
 
New Hampshire also maintains a criminal defamation statute under RSA 644:11. A person is guilty of a Class B misdemeanor if they purposely communicate false information known to expose another to “public hatred, contempt or ridicule.” While prosecutions are relatively rare, they remain available in particularly egregious cases. 
 
Important Note: Under Section 230 of the Communications Decency Act (47 U.S.C. § 230), platforms like Google and Yelp generally enjoy immunity for user-generated content. Lawsuits must therefore target the individual anonymous poster rather than the website itself.
 
Steps to Track Down Anonymous Posters
 
Identifying the person behind fake reviews or harassing posts requires a methodical, legal approach:
  1. Preserve Evidence Immediately — Take clear screenshots of the posts, including dates, URLs, usernames, and any visible details. Document the business impact (e.g., lost customers or revenue). Do not delete or alter the original content.
  2. Report to the Platforms — Use Google's Business Profile reporting tools for fake reviews and Yelp's violation reporting system. While results vary, consistent reporting can sometimes lead to removal.
  3. Conduct Preliminary Investigation — Look for clues such as consistent usernames across platforms, writing style, or linked information. Basic tools like reverse image searches on profile pictures may provide leads.
  4. File a John Doe Lawsuit and Seek Court-Ordered Discovery — New Hampshire courts follow the standard established in *Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc.*, 999 A.2d 184 (N.H. 2010). Under this test, the plaintiff must: Notify the anonymous poster (often by posting notice on the same forum or thread). 
    • Specifically identify the defamatory statements.
    • Present a prima facie case of defamation sufficient to survive summary judgment.
    • Demonstrate that the need for the poster's identity outweighs their First Amendment right to anonymity.
If the court grants the request, subpoenas can be issued to internet service providers (ISPs) or the platforms for IP addresses and account information, which can then be traced to the real individual. U.S. Law, Case Law, Codes, Statutes & Regulations :: Justia Law
 
Civil and Criminal Remedies
 
Civil Options:
  • Monetary damages for reputational harm, lost profits, and emotional distress.
  • Injunctive relief ordering the removal of defamatory posts.
  • In some cases, recovery of attorney's fees.
Criminal Penalties: A conviction under can result in fines (up to $1,200 plus penalties) and up to one year in jail, though actual enforcement is selective.
 
Additional claims may include tortious interference with business relations or violations of harassment statutes.
 
Practical Advice for New Hampshire Businesses
  • Respond professionally to negative reviews without admitting fault or escalating.
  • Act quickly — New Hampshire's statute of limitations for defamation is generally three years.
  • Maintain detailed records of business losses to support damage claims.
  • Consult with an experienced attorney early to evaluate your evidence and develop the strongest strategy.
References / Legal Authorities
Anonymous online harassment is not without consequences. With the right legal steps, businesses and individuals can unmask perpetrators and pursue meaningful remedies under New Hampshire law. If your business has been targeted by false reviews or defamatory posts, contact my office for a confidential consultation to discuss your options.
 
Attorney Joseph Kelly Levasseur
Manchester, NH | (603) 622-7575
 
This article is for informational purposes only and does not constitute legal advice. Laws can change; always consult a qualified attorney regarding your specific situation.

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