Social Media - Reputation and Defamation

For years people grew up in schools where we had to verify what we claim and we have to use our own work. If we do use other people's work, we have to cite that work instead of trying to pass off that work as one's own. When building content and material for websites and social media, we have to recognize intellectual property of others if we mean to reference them. There is more than an academic interest here, but this is a mutual trade of information. As well, referencing another source (through links or otherwise) will increase the reliability of your work as well as increase channels from which people might come to your work. In this way, prudence and faithful references can help you in addition to others.

You contribution to social media sites and web forums should always remain positive and creative. Warren Buffet has stated that it "...takes 20 years to build a reputation but only a five minutes to ruin it..." If you diligently pursue quality and positive material, your reputation will be grounded in quality and respect among peers as well as the general audience. If you conduct negativity, flames, or rants online, one will injure the reputation.

In addition, people should be careful about defamation of character as there are laws protection people from this type of behavior. Defamation is generally regarded as a making knowingly false claims about someone or causing unjustified injury or harm towards someone (e.g. causing someone to lose a job over an personal argument).

Professor Mack of Iowa State University further suggests that content on your web sites is your responsibility (even if you didn't write the material) as part of the Telecommunications Act of 1996 when you are an Internet Content Provider (ICP). Thus, if one allows for discussion comments, you will want to watch for defamation and libel on your site, and in your online discussions on social media.

Always consider the idea that regardless of privacy settings or attempt to delete something, once you click post or send, there is a path for that information to the public. So be smart about what you post either in blogs, status updates, or otherwise.

With that said, I ask that people hold themselves to quality standards when discussing these ideas. If you have a problem with something that is stated or posted on my sites, please feel free to contact me and I will address the issue. For the most part, I hope to facilitate a good discussion rather than have to fend off ridiculous claims.

Social Networking for Business

Internet Content Provider Issues with Social Media Networking

- Distinguish between Internet Service Provider (ISP) and Content Provider (ICP) (Title V of Telecommunications Act of 1996

- Everything posted online on your website is your content (You are an ICP)

- Opinions may be expressed vs defamation or nonfactual - malicious intent (knowingly false or reckless disregard) may have libel claims

- Everything posted or created using company technology resources is fair game for the Freedom of Information Act.

- Terms of Service Agreements must be followed by both provider and user.

- Disclaimers do not absolve responsibility

- Point of awareness is the point at which you become liable for an issue

The critical piece is to realize that people (whether the company allows internal use of social networks) still have these issues when your organizations employees go online and discuss their various issues during off hours.

Libel concerns happen as a result of someone understanding something written to be injurious or becoming aware of posted material. Anything posted on the organization’s website is the content of the organization regardless of disclaimers or TOS subjected to the users/posters of material. If something is posted and is removed, there is still a point at which someone could have seen the material. If something is posted and removed, there may be PR issues as well.

What are the employees obligations for seeing questionable material?
What are the employees expectations for online conduct? During and after hours?

Private conversations should be conducted outside of technology owned by the organization since Freedom of Information Act can be invoked on all of those discussions if they occur using company networks or computers.

With respect to this, an organization will want to decide what types of social media to use and if any should be included on its own websites (Blogs, commentary, or news feeds).

For more information, contact Davis Brown law Firm about legal questions regarding online discussions.