Many more businesses are becoming embroiled in defamation claims regarding the use of social networking sites following the rise in the use of Twitter, Facebook and also blogging.
Employees frequently use these sites on a daily basis and sometimes during work hours and by using their employer's pc's to publish stories and photos, which are then sent around the world. They are then viewed by a significant number of recipients and may also be edited by unknown sources and forwarded on.
Significant harm can result from such messages with stories regarding extra-marital affairs and criminal behaviour being just two types of messages to be posted on the net.
It is therefore essential to have in place an Internet Policy and to ensure that this forms part of the Employees handbook and terms and conditions. A responsible Employer should make sure the ground rules on use of office equipment are clearly set out and that measures can be put in place to monitor usage of the internet where circumstances dictate. An Employer will potentially be vicariously responsible for wrong usage and any harm and damage that such use may cause to a third party, whether a business competitor, third party or even another employee.
Furthermore, the reputation of a business can be placed on the line, with false accusations made about the quality of a competitor's products or services, which in certain cases enter the social media network and quickly cause an untold amount of damage to a business, which may be irreversible.
If you or your business have been a victim of such fabricated or exaggerated tales then you should endeavour to take action immediately in order to remove the offending comments so as to:
a) limit the damage to your business reputation; and
b) ensure that such disparaging commentary is not repeated again by either the author of the offending comments or any other third party.
A letter from a Solicitor may do the trick in bringing matters to an end, alternatively you may need to consider bringing a legal action against the author of the message and also the web host (ISP), so that your reputation or that of your business is protected and with the aim of securing suitable remedies such as an apology and/ or damages.
Once the ISP has been given notice then they will usually remove the content for fear of becoming liable for the content itself. If they fail to remove then a cause of action can be maintained against the ISP and the author.
If your in any doubt about either your rights or if you have been a victim, speak to a solicitor who has experience in advising on all types of libel and malicious falsehood claims. Also be well aware of the power of the Internet and the need to act swiftly where there is real damage being caused to your reputation or that of your business.
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