Removing Harassing Content an Ex-Partner Refuses to Take Down

Attorney Answer

Because the specific content and platform weren't shared, here is the general framework: South Carolina recognizes two different claims that could apply — civil defamation, if the post contains false statements of fact about you, and harassment or stalking, if it's true but your ex keeps circulating it with intent to intimidate or torment you — and they have different requirements.

Truth is a complete defense to defamation: if what's posted is factually accurate, a defamation claim will not succeed no matter how damaging it feels. Harassment and stalking law works differently and doesn't turn on falsity, but it has a demanding threshold of its own. Under South Carolina Code § 16-3-1700, both degrees of harassment require a pattern — defined as two or more acts occurring over a period of time, however short, evidencing a continuity of purpose — and stalking requires on top of that a pattern intended to cause, and actually causing, fear of death, assault, bodily injury, criminal sexual contact, or kidnapping of you or a family member. Under South Carolina Code § 15-3-550, claims for libel or slander generally must be brought within two years of when the statement was published.

What you can do:

1. Identify the type of content (photos, messages, video, etc.) and the platform it's on, since that determines which claim fits and what removal process is available.

2. Preserve evidence now — screenshots with visible dates/URLs and any related messages between you and your ex.

3. Report the content directly to the platform for removal under its harassment or abuse policies; this option exists regardless of whether a lawsuit is viable.

4. If the content is true, don't assume harassment or stalking law is the easier route. One post made a while ago that your ex simply won't delete is unlikely to be a pattern under South Carolina Code § 16-3-1700, so that claim can fail on its threshold element. What changes the picture is repetition — new posts, repeated messages, threats — so log each incident with its date, and lean on the platform takedown route in the meantime.

⏱ Time limits apply. Since the post went up "a while ago," if a couple of years or more have passed, a defamation suit over that specific post may already be barred under South Carolina's two-year limitations period — a local attorney should confirm the exact posting date and where things stand promptly. Harassment/stalking claims and platform takedown requests run on a separate track and aren't affected by that deadline.