Online Business Defamation
Defamation is one of the most prevalent legal concerns facing online businesses. Defamation is any false statement of fact that is harmful to someone’s reputation and published “with fault,” meaning as a result of negligence or malice. Libel is generally classified as written defamation and slander is generally classified as oral defamation. Slander can be made via oral comments to another, or also by comments broadcast over the radio or television. Until the recent development of “podcasts” and other types of online videos, such as those featured on YouTube, defamation on the Internet was largely deemed to be Libel. As far as proving defamation is concerned, true statements and statements that are opinions are defenses. The problem for businesses is that nany negative statements are really only opinions. If a statement is incapable of being objectively proven true or false, it’s not defamation.
When defamation occurs online through […]
Stop Negative Online Reviews
Many businesses across the country may wonder if they can prevent their customers from making negative online reviews about their products or services. California recently passed a law making it illegal for businesses to penalize consumers for bad online reviews. This was the legislative response to a trend of businesses attempting to enforce non-disparagement type clauses in their consumer agreements and penalize California residents. The damage done by a negative online review, such as a posting on a website like the ripoffreport.com or a Better Business Bureau (BBB) complaint can reap untold damage to your business’s reputation and branding. In fact, any complaint made with the BBB will remain publicly visible for a period of 36 months from the date of the complaint. That is a bummer because the BBB is not in the business of deciding who is telling the truth when a dispute or […]