Getting Sued for a Tweet? Not Impossible!
The Internet and social media have always been about free expression and free promotion, but what happens when free expression crosses the line into defaming or damaging someone or a brand? In short, can someone sue you for a Tweet?
In a recent article, Deborah Spanic wrote, “the interesting point that I think may get lost in the he-said she-said of a typical defamation case, is the question of whether or not you can defame with a tweet. I think the answer to that is yes, you can.” Deborah Spanic is an internet and intellectual property attorney, specializing in trademarks, copyright, domain name issues, e-commerce and e-business issues and social media law with Whyte Hirschboeck Dudek S.C. in Milwaukee, Wisconsin.
Does this mean the threat of litigation will hang over everything on social media? Not likely. Does this mean one should be putting some thought into their tirade before publishing it on the web? Absolutely.
Attorney Spanic wrote, “confining yourself to statements of fact and personal observation are two ways to avoid statements being considered defamatory. Saying, “I was unhappy with how Attorney John Smith handled my case” is better than stating he’s a crook.”
While Twitter, Facebook and many social media outlets are protected under existing law from being sued, individuals are not. A company defamed by an individual via social media may very well have legal standing. While this would clearly be a customer relations nightmare for the company and likely being flammed in effigy by the social media community, it isn’t past impossible.
Give some thought to your Tweets and posts (mind your T’s and P’s?), especially when criticizing. If you have someone criticizing your brand or you personally, think about it in another approach. Would it be better to demonstrate to your interest community that you hear the criticism and are responding? Or that your skin is pretty thin and your product of service cannot stand up without legal help?
For those comments and posts that are grumbling simply for the sake of grumbling, social media and web users have become expert at spotting unsubstantiated gripes. Show that your brand has thick skin and can respond when necessary.
There is always an inherent risk of criticism when interacting with your interest community on the web. While that risk has an equal (or greater) part opportunity, many brands tend to hide. Business is no place to be a wallflower. At the same time, your brand’s social media touchpoint shouldn’t be a place to vent. Just as social media mavens are quick to spot a grumbler, they have zero patience for brands that gripe or bad-mouth the competition.
Remember that social media is quickly becoming the front line of your brand and a key element linking your business to the consumer-driven world. Participate, but don’t get too personal. Keep your brand approachable, but professional. Same should go for your online comments.
Deborah Spanic’s article in full can be found here.