Defamation usually refers to any untrue statement that is harmful to someone's reputation or causes someone to be shunned or avoided. However, defamation laws vary by country. The rules might also differ depending on whether the alleged victim of a defamation is a physical person or a company.
Because Dailymotion is not able to adjudicate the truthfulness of video uploads on its service, we do not remove video due to allegations of defamation, when such defamation, including the falsehood of the statement, is not explicitly demonstrated.
How does Dailymotion process defamation complaints?
Dailymotion only processes defamation complaints which are accompanied by a court order. Before contacting us, please make sure that:
- Your defamation complaint explains both (i) why you believe the statements are untrue and (ii) how it damages your reputation in accordance with the local laws in force in your country/territory regarding defamation; and
- You provide a court order in support of your request evidencing the statements in question are defamatory.
Because obtaining a court order may be a long process, our Support Team can, if you explicitly ask us to do so, directly forward your request to the uploader of the content in question. In some cases, uploaders willingly remove the content in question upon receipt of the notifiers request. However, we cannot guarantee that your complaint will be satisfied by the uploader.
How can I submit a defamation complaint?
The easiest way to file a defamation complaint is to use this dedicated web form.
- Under “Request Type” select “Infringes my other rights”.
- Fill in the relevant items in the form. If you are submitting this request on behalf of someone else or on behalf of a company, please specify this under the “Who do you Represent?" field and attach the necessary evidence.
- Please make sure to attach your court order evidencing the defamation in relation to the specific item of content posted to www.dailymotion.com which you are requesting to be removed at the end of the form.
- If your complaint is not accompanied by a court order, our Support Team will contact you by email (using the email address provided by you) and ask for your consent to the transfer of your complaint and all associated personal data to the uploader (including your contact details). In the absence of such consent, your request will not be further processed.
- In case you do not want your defamation complaint and associated personal data to be transferred to the uploader, we kindly advise you to postpone filing the complaint with us until you obtain a court order.
What does not constitute a valid defamation complaint?
Unmotivated requests (such as “please remove this content” without any further details) or incomplete requests (e.g. without the supporting documents mentioned above) will not be processed by our team.
Instead of the online form, you may also send a detailed letter to us at the following addresses:
- For requestors residing in the European Economic Area, in the United Kingdom or in Switzerland
Service Contenus Abusifs
140 boulevard Malesherbes
- For requestors residing in any other territory
Prohibited Content Notice
W 23rd St 10th floor
New York City, NY 10010
If you choose this option, please specify the following items:
- Country/region of dispute (i.e. the country a notified video is available in and which availability you contest).
- Your full name.
- Are you acting on behalf of yourself or a client?
- If you are submitting this request on behalf of someone else, please specify your relationship to that person (e.g. "client", “legal guardian”) and add a proof confirming that you are authorized to represent this person.
- Your contact information (telephone number, physical address and email address).
- The description of the content involved, the date on which you identified the content and the username of the person who uploaded it.
- The URL(s) of the video(s) containing the allegedly defamatory content.
- The exact statements in the video(s) or metadata that you allege are defamatory. Statements such as "the whole video" are invalid. Please use the timeline of a video to identify the statement in question.
- Attach your court order evidencing the defamation in relation to the content you are notifying us about.
- If you do not have a court order, a clear confirmation that you allow Dailymotion to send your defamation complaint and your personal information associated with your request to the uploader of the content in question.
- You must include the following statement: "I declare that the information in this notice is true and complete."
- Your signature. Complete complaints require the physical or electronic signature of you or a representative authorized to act on your behalf.