Defamation in the Context of Search Results
In defamation cases, the internet often amplifies the harm. A single negative article or forum thread can appear prominently in search results whenever someone types a company name or a person’s name. Understanding how visible that content is, and how users interact with it, is essential in evaluating the impact.
As an SEO expert witness, Bill Hartzer focuses on how Google and other search engines surface this content for different queries, how frequently it appears, and how likely it is to be seen or clicked by typical users.
Evaluating Visibility and Ranking
Visibility is more than just a ranking number. Bill reviews search results for a range of relevant branded and non-branded queries, across devices and locations when appropriate. He evaluates:
- Where negative content appears on the page (above or below the fold).
- Whether it is shown in regular organic results, news results, or other special features.
- How often it appears when users search key terms associated with the plaintiff.
- Whether the content shows in autocomplete suggestions or related searches.
This visibility analysis helps the court understand the probability that a reasonable user would encounter the allegedly defamatory content.
Understanding Search Result Layout
Search result pages are not simple lists of ten blue links. They may include site links, knowledge panels, local results, video carousels, or image packs. Negative content might be surrounded by other information about the same person or organization.
Bill examines the layout of search results to determine:
- Whether positive or neutral results appear alongside the negative content.
- How visually prominent the harmful content is compared with other listings.
- How the presence of ads or other features may affect user attention and clicks.
Searcher Behavior and Likely Exposure
Simply being present in search results does not automatically mean content is widely seen. Bill combines knowledge of searcher behavior with the specific layout and ranking positions observed to assess likely exposure.
He explains how users typically interact with results in different positions and formats, and how that behavior might influence the likelihood that harmful content is read. This context can be important when evaluating alleged reputational harm and damages.
Timeframe and Changes Over Time
Search results are not static. Content may appear, move, or drop out of results altogether as algorithms change or as new material is published. In defamation cases, the relevant question is often what users saw during a specific period.
Bill reviews historical snapshots of search results where available, along with any analytics or search console data that can show how visibility changed over time. This helps align search visibility with the timeframes alleged in the case.
Supporting Defamation Claims with SEO Evidence
In many cases, counsel wants to know whether search visibility supports the level of harm claimed. Bill’s role is not to advocate for one side or the other, but to present a clear, technical picture of how visible the content was and how users likely encountered it.
He may also evaluate whether any efforts were made to address the negative content through SEO, reputation management, or content strategies, and whether those efforts were reasonable and consistent with industry practice.
Related SEO Expert Witness Services
Defamation cases often intersect with broader SEO issues, including traffic loss, algorithm updates, and technical errors on the affected site. Bill’s SEO Expert Witness Services page provides an overview of his work on these related topics.
For matters that also involve lost traffic or revenue, it may be appropriate to review the Traffic Loss & Damages page as well.
Next Steps for Defamation Matters
If you are evaluating a defamation claim that involves search results, you may want to start with the SEO Expert Witness Checklist. It outlines data and examples that are helpful to collect early in the case.
When you are ready to discuss the details of a matter, you can reach Bill using the contact information on the Contact page.