Home & Gift, Harrogate - Gift Focus magazine

managing your reputation
Nick McAleenan, media solicitor at JMW Solicitors LLP, offers his top tips for
protecting your business reputation online
The explosion in the
popularity of social
media websites such
as Facebook and
Twitter has created
many exciting
opportunities for
businesses working
in the home and gift
industry. Now, more than ever, a successful
online strategy can significantly boost your
business profile, improve client loyalty and
generate greatly increased revenues.
However, the social media revolution is not
without potential dangers. One such danger is
the risk of damage to your reputation caused
by negative statements posted on third party
social media websites.
Consumers are increasingly using the
internet as a research tool to find the best
goods and services available. Negative postings
about your business can have a dramatic
impact on your income.
“They said what?!”
A cursory Google search may reveal web
users discussing your business, the goods and
services you offer and even you personally,
on all sorts of social media platforms. For
example, online discussion forums and
blogs frequently mention businesses. These
comments are able to reach huge numbers of
potential customers.
The majority of online postings are
inoffensive. However, statements which tend
to make the reader think less of a person
or business by exposing them to hatred,
contempt or ridicule, or disparaging them
in their business, trade or profession are
potentially defamatory.
The problem with online defamation is that
the offending statements can sit there, like a
time bomb, waiting to be discovered by your
potential client base and contacts. Ignoring the
problem is likely to do more harm than good
because the statements may be republished by
others and gain credence.
Businesses are realistic about the need to
deal with complaints, but what should you do
when statements are posted which ‘cross the
line’ and cause serious damage?
“Are they allowed to say that?”
A blogger will have a defence to a defamation
claim if they can show that the allegation
complained of is a fact which is true or
substantially true.
A blogger could also argue that the
allegation is a statement of opinion or
comment, rather than fact. In this case the
comment must be on a matter of public
interest, be recognisable as comment (rather
than fact), be based on facts which are true,
and explicitly or implicitly indicate what facts
the comment is based on. The comment
must be one which could have been made by
an honest person, however exaggerated or
prejudiced the opinion.
If the blogger was malicious because they
knew that the allegation was false or did not
care if it was true, then a defence of ‘honest
comment’ may fail.
Anonymity: Hiding in the shadows
The ability to post anonymously using a
pseudonym emboldens some bloggers to
make outrageous and extreme allegations.
In my experience, even when a person
posts anonymously, the subject may be able
to identify the culprit because the post forms
part of an ongoing campaign of bad behaviour.
It is possible to obtain a court order
requiring a host website to disclose the
identity of an anonymous blogger who
has posted defamatory statements about
your business.
Another problem is fake profiles. Fake
Twitter and Facebook profiles can be set up
to direct abuse or ridicule at a business, or
to ‘leak’ confidential information into the
public domain.
What to do?
Depending upon the size of your business, set
up a team ready to deal with any reputational
crisis: senior management, in-house legal,
communications/marketing department, etc.
Monitor your online reputation. This will
allow you to identify potential problems early
and nip them in the bud.
If you have been defamed online, contact
the host website and request that the
offending post be taken down. In addition to
your normal legal rights, website terms and
conditions of use usually allow posts to be
taken down if they contain defamatory or
offensive statements.
Consider obtaining professional advice on
how best to correct any damage and vindicate
your reputation. You may have a claim against
the blogger and, in certain circumstances, the
website. Legal remedies may include obtaining
an undertaking that the allegations will not be
repeated (or an injunction), apologies, and/or
damages and legal costs. You may also consider
responding to the allegations using social
media or the press.
… And be careful what you post!
In order to avoid reputational problems
when you use third party social media sites
for business purposes, it is best practice to
develop a comprehensive social media policy.
A policy will help you to regulate content
posted by your business and control tone.
A few tips:
• Do not post comments which could damage
your relationship with suppliers, sponsors or
other business associates.
• Do not post information or photographs
which could breach the privacy rights of
third parties or reveal confidential business
information.
• Do not rely on privacy settings to avoid
potential problems.
• Observe professional conduct rules when
posting messages. g
Further information
Nick McAleenan, media solicitor
JMW Solicitors LLP
+44 (0)161 828 1858
nick.mcaleenan@jmw.co.uk
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