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be careful what you say/type (article: cybel-libel: defamation on a keyboard)
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| jon jon |
interesting article in the Toronto Star about how what we say online (about a company in particular) could be considered defamation...
this current tech craze is really a game changer on so many levels...
http://www.thestar.com/business/art...n-on-a-keyboard
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Corporations, governments, charities and even Facebook members should think twice before hosting interactive comments, say lawyers who specialize in defamation. Having a comment box — or even a wall — is an invitation to potential liability.
Cyber-libel is an emerging specialty, but one few businesses are prepared for, says Michael Smith, a libel lawyer with Borden Ladner Gervais in Toronto.
“The immediacy of social media and email has made it such that people are thinking even less about what they write before they post or press Send,” Smith says.
That immediacy translates into an Internet soup of critical and defamatory comment, which can lower the reputation of individuals or organizations not just in their home country, but around the world.
Canadian courts can hold employers liable as publishers of defamatory material simply because employees use their email accounts, servers, laptops, smartphones or other technology, Smith says.
But mouthing off about poor service from a supplier, slagging a competitor, or complaining about a colleague could also land the originator of the comments in court.
Just ask Courtney Love, the rock star who settled a defamation lawsuit in March, paying out $430,000 (U.S.) over disparaging tweets and negative comments she made in her MySpace blog about fashion designer Dawn Simorangkir.
Although we haven’t seen the same type of celebrity tweeting and blogging suit in Canada, Michael Smith feels that is simply a matter of time.
In 2009, Peter Smith (no relation to the lawyer) was the defendant in a defamation suit in Toronto by interior designer Carey Mudford.
Peter Smith had posted negative comments about Mudford on two websites about Toronto-area business and renovation services.
Although Peter Smith contended that his statements were based on fact, Justice Edward Belobaba of Ontario Superior Court agreed with Mudford that they hurt her reputation and cost her business. He awarded Mudford $35,000 in damages.
Businesses and individuals should take heed from these cautionary tales, says Michael Smith, since case law has already established the Internet is not the haven of free speech that users believe, and there is no such thing as anonymity. Canadian judges are generally willing to order Internet service providers to disclose the identity of people using pseudonyms to criticize others, he says.
Even forwarding an email or posting links on a webpage to another site could be construed as publication under Canadian libel laws, particularly since they have not been updated to take the Internet age into account, Michael Smith warns.
He urges employers to create policies that outline employee responsibilities and to educate employees about the risks cyber-libel poses.
Another expert in cyber-libel, lawyer David Potts, thinks employers have to go further.
He views cyber-libel as a form of guerrilla warfare that can be deployed against companies or organizations. Potts believes firms need to think defensively and plan strategically to handle attacks before they arise.
It’s extremely hard to erase comments from cyberspace, and they can destroy a firm’s reputation in a keystroke, says Potts, the author of Cyberlibel: Information Warfare in the 21st Century?
Canadian courts have already acknowledged both the permanency and the breadth of cyber-libel, which judges consider in awarding damages.
Publicly traded companies are particularly vulnerable on stock market websites, for example, Potts says, because penny stocks or thinly traded stocks can be moved up and down by negative comments on the Internet.
Competitors and consumers may also launch their own defamatory attacks from what are called “gripe” or “suck” websites. Those sites range from review pages that rank health-care professionals, to consumer forums posting complaints about defective goods.
Ideologically driven and boycott websites can also hurt a company’s reputation, Potts adds. And attacks by current or former employees can damage an institution or organization.
The organizations that are harmed can sue — but that may not be the best approach. Lawsuits can draw more attention to the negative comments and result in their republication.
“What I say to people is, if you take action, you can create or transform a problem into a disaster,” Potts says.
Combatting cyber-libel requires an understanding of information technology, strategic studies and risk management, Potts adds.
He counsels companies to think about where attacks could originate, based on their own corporate culture, and anticipate a response.
Strategic planning should also involve coordinating damage control with a company’s legal representatives and public relations and management representatives, he says.
Cyber-libel can be prevented and its harm mitigated, Potts says.
“There are remedies — it just means you have to be more creative and more multi-disciplinary.”
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| jon jon |
probably a boring thread for most, just seemed relevant for a msg board of this nature...
plus my head is still spinning with this after it was said that YorkU murder suspect Tribe's posts could be used against him in court... does online anonymity exist? |
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| jon jon |
| quote: | | Just ask Courtney Love, the rock star who settled a defamation lawsuit in March, paying out $430,000 (U.S.) over disparaging tweets and negative comments she made in her MySpace blog about fashion designer Dawn Simorangkir. |
this blows my mind |
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| OnAHighaLevel |
| Apocolipto I Told You Guys What Your Mouths On Here Because Its Going To Get You In Trouble You Cant Imitate Or Defame Someone Who They Can Sue Your Company Or You Like What Im Going Thru Now In My Legal Cases |
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| ChemEnhanced |
| This is going to become huge in the future....should be good for business for me. |
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| jon jon |
| quote: | Originally posted by OnAHighaLevel
Apocolipto I Told You Guys What Your Mouths On Here Because Its Going To Get You In Trouble You Cant Imitate Or Defame Someone Who They Can Sue Your Company Or You Like What Im Going Thru Now In My Legal Cases |
lol bro i've loved u since day 1 |
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| OnAHighaLevel |
| quote: | | Originally posted by jon jon |
Apocolipto Dont Talk Just Be Honest I Know What You & Your Industry Friends Say & Have Said Urban To EDM You Guys Made A Big Mistake
Apocolipto I Know Your Changing Your Tune Literally & Figuratively Thats What Your Scenes Are All Going To Say To Avoid Things But Got Proof Of It EDM & Urban Scenes The Big Thread Is Even Bigger
Apocolipto You Guys In The EDm & Urban Scenes Made A Big Mistake Talking Badly About Me Stealing From Me & Imitating Me That Was A Bad Move For You Guys
Apocolitpo Your Friend Mickey Mouse IS Saying Next Level Now Where Did He Get That From? Him & You Guys EDM & Urban Are Imitating Me In The EDm Scene & Urban Scene You Guys Are Starting To Imitate My Style
Apocolipto My Presence Here Is Bigger Then Any DJ Or Producer Ive Made Urban DJs Become EDM DJs/Producers & Vice Versa My Name Brings Up Some Emotions For Most DJs Because They Know They Are Kindergarden
Apocolipto I Didnt Start Posting Here Or On Other Message Boards By Mistake It Was On Purpose
Apocolipto Musical Worlds Are Almost Ready To Collide I Came To Show Music Fans The Truth About Music & What Happens When You Create A New Music & How The People You Introduce It In The Industry Will Steal From You
Apocolipto I Introduced New Genres Of Music & A New Music To People Im Like A Kool Herc Frankie Knuckles PVD Atkins & Mays King Tubby Etc Here I Knew You Industry Guys WOuld Try To Steal From Me |
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| geroin |
this is actually not a boring topic.
I realized this after i got hired at my current job, my manager told me that she looks up every individual on facebook/google before she hires them. Something to think about..
ps. related article to the discussion: http://www.thestar.com/news/canada/...-may-be-illegal |
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| ChemEnhanced |
| I use facebook all the time when investigating claimants and their injury claims. Its amazing how much info you can find out. I had one lady who said she couldn't leave her house because she was afraid of getting into another accident yet her facebook pictures of her partying it up at a club sure told a different story. |
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| CMR |
| quote: | Originally posted by geroin
this is actually not a boring topic.
I realized this after i got hired at my current job, my manager told me that she looks up every individual on facebook/google before she hires them. Something to think about.. |
It seems most employers do this. Private profiles and fake/inaccurate names are the way to go.
Also, defamation lawsuits are utter bull. |
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| Endlesswave |
| quote: | Originally posted by geroin
this is actually not a boring topic.
I realized this after i got hired at my current job, my manager told me that she looks up every individual on facebook/google before she hires them. Something to think about..
ps. related article to the discussion: http://www.thestar.com/news/canada/...-may-be-illegal |
What if that individual decides to keep ALL FB detail private? What would your boss do then? Not hire that person? Discrimination at best?? Who knows man... |
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