Defamation and Social Media: Guarding Your Business’ Online Presence. | International Business, Trade and Taxation

Social media has blossomed into almost every person’s life on earth. The effects of social media, however, seem to be that those who choose to express themselves online do so with a bit more bravado than they would do in person. The result has been a rise in cyber-bullying and the like and a reduction in privacy expectations by many. Internet defamation is a growing tort heard by judges the world over. With the near limitless reach of the Internet, the expectation is that Internet defamation cases will be costing people and businesses big money.

Countries around the world are hearing the first social media defamation cases: Australia, South Africa, the US, and more. In the UK, a New Zealander brought an Indian to answer for a defamatory tweet which will cost him £90.000 in damages and around £1-million in attorney’s fees.

Online defamation isn’t limited to social media. Posters should be wary of blogs and comments to blog postings, chat rooms and comments made on any site where the option is given. While most victims of online defamation would look to the defamer for resolution, it has not been uncommon for them to look to website hosts and Internet Service Providers for restitution. In the US, a federal law called the Communications Decency Act protects this group.

Product Defamation. Just as individuals tend to feel more shielded online, so do businesses. Online unsubstantiated claims made about a competitor’s goods or services are landing businesses in trouble in court. Those who hide behind some type of online alias wont be spared having to answer for defamatory conduct online. Attorneys work with Internet Service Providers and private detectives to uncover the true identities of those who are defaming businesses. A business’ online presence must guard against defamation, trademark infringement and consumer fraud. It is extremely important for businesses to coach those in charge of the business’ online contributions, website and social media about the dangers of online defamation and product defamation.

If you or your business has been defamed or is accused of being defamed, please reach out to us for assistance. We can also help with laying the ground rules to avoid defamatory conduct online.