Social media is becoming a more and more important tool to promote yourself and your profession, whether you are a self-employed consultant or you work for an organisation. But it presents an ever-increasing risk to the reputation of individuals and businesses. Hanna Basha, Magnus Boyd and Katie Mickleburgh from Hill Dickinson’s reputation protection team consider five common misconceptions of the law in this area.
Misconception 1 – There is safety in numbers — no there’s not!
The person repeating, forwarding or tweeting someone else’s defamatory statement is just as liable for the contents of that statement as the original author. This means that if you have been defamed, you can focus your complaint against the publication which causes you most damage rather than just having to complain about the tweet which is first in time.
Misconception 2 – You are not liable for posting a link — wrong!
Posting a link to a defamatory statement on another website, without repeating the statement could still mean you are liable for its contents. It is not a defence to say that you did not realise that the allegations on the other website were untrue or that you believed them.
Misconception 3 — There is anonymity on the web — no there’s not!
Even if a post is anonymous, it is often possible to find out who the author is by a trip to Court or forensic analysis. It is also possible to get a post or tweet taken down from the internet, even if you do not go on to sue over it.
Misconception 4 – Just add ‘allegedly’ and you’re safe — wrong again!
It is often thought that adding ‘allegedly’ before a defamatory statement gets you off the hook. This is not true. What it does is change the meaning of the allegation, for example speculating that someone caused an accident (by adding ‘allegedly’) is better than asserting that they did cause the accident, but not much better.
Misconception 5 – I’m not named so I can’t take action — oh no!
Even if you are not named in the statement, you can still bring a complaint if you are described so that you can be identified. This is useful if the allegations are published, defaming your organisation’s ‘chief executive’ or ‘health and safety officer’.
Most companies are aware that it is important to monitor what is said about them online. There are a number of options available to stop the spread of defamatory material. However, as allegations spread more quickly online than in traditional media, you need to act quickly to prevent lasting damage to your reputation or that of your company.
If you would like any further information or advice relating to any of the issues discussed, please do not hesitate to get in touch.
Hill Dickinson will be performing mock trials at Safety and Health Expo.
Hanna Basha
Magnus Boyd
Katie Mickleburgh
Safety and Health Expo speaker
