Online Reputation Management Lawyers
Specialist Internet Lawyer Since 1999
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ONLINE REPUTATION MANAGEMENT LAWYERS
For over a decade, PAIL® Solicitors has been providing consultations and support to stop online defamation, harassment and bullying and remove negative and/or damaging from the Internet. Contact us using the above form on all reputation legal matters or at +44 (0)207 305-7491 or by email to peter@pailsolicitors.co.uk to start taking action now.
What is online reputation management?
The evolution of social media since the birth of the first social media site, My Space, is remarkable.
The inception and growth of new social media networks and online subscription-based content sharing platforms to suit every social, political, cultural, and economic preference continues almost daily.
The opportunities for those entrepreneurs willing to create content online are limited only to the number of different social and cultural tastes of a new audience.
Networks such as Instagram, Facebook, YouTube are well-known. But the rise of specialised platforms like patreon.com, ko-fi.com, teespring.com and even company-owned websites now provide a springboard for the unlimited exposure of content, a far cry from the limited local reach of traditional media and advertising.
Nonetheless, as with all forms of change, the responsibility and potential for risk also become more significant, with businesses now more exposed than ever to consumer opinion and the potential negative impacts of word-of-mouth marketing (WOM) and other negative implications arising from social sharing and user-generated content.
Brands must bring in consultants like freelance content creators, influencers and online reputation specialists that understand social media cultures and can speak to the various socially and culturally nuanced audiences.
Outsourcing to specialised consultants gives rise to issues such as copyright; non-compete and confidentiality; and brand reputation/protection.
Among the copyright issues will be who owns the designs and illustrations for social media channels and pages? As well as copyright other IP matters will include protecting trade secrets and trademarks.
Any strategic partnership or collaborations with third parties will require contracts. There will also be the usual terms and conditions and privacy policies to cover: GDPR, plagiarism, limited or no resharing of content.
Do the advantages of an online presence outweigh the potential disadvantages?
Beyond considering the pros and cons of an online presence, the rise of digital consumerism along with the physical restrictions imposed by local and national lockdowns this year, has eradicated the choice for businesses to continue operating solely offline. A recent report from McKinsey & Company (2020) has likened the surge in e-commerce this year as a “decade in days” when it comes to the adoption of the digital into everyday consumerism.
Moreover, social media has evolved far beyond its origin as a networking site between close friends and family, with the major online players – namely Facebook, Instagram, Twitter and YouTube – now all offering seamlessly integrated advertising and e-commerce systems; a telling sign of their growing role in both B2C and B2B selling.
Further studies conducted by Synchrony Financial have also revealed that 96% of Millennials and 86% of Generation Xs will turn to online sources as a research point when seeking new products or services. As such, these online platforms now play a pivotal role in lead acquisition and conversions for businesses.
What are the risks?
The risks posed by online content originate in the dynamics of the online world. In traditional forms of advertising, companies drove marketing and pushed towards customers. Now, customers have adopted the authoritative position, pulling content from businesses and online sources, and thus, content is predominantly user-generated.
Businesses are losing control of their brand online. Nonetheless, there are several laws in place to protect businesses from such content and the knock-on effect of lost sales and lost consumer confidence. Explored below are some of the most common incidents that can impact brands online, including the laws that seek to mitigate their impact.
Online Reputation Management Lawyers
Defamation & Malicious Falsehood
The torts of defamation and malicious falsehood refer to content that adversely affects the reputation of a person or business, and can be proven to have caused severe damage either reputationally (defamation) or financially (malicious falsehood). With regards to business, a claimant would prove this through a loss of following or clients, or a marked decrease in sales directly linked to the content in question. In this instance, the person or business may look to challenge the content under the Defamation Act 1952 or 2013.
Monroe v Hopkins (2017) is a prominent example of defamation on social media. Monroe sought relief for reputational damage against Hopkins after two tweets were published on the social network Twitter in 2015, alleging the desecration of a War Memorial.
Both defamation and malicious falsehood are common issues for high-profile professionals and businesses. Libel and malicious falsehoods are found mainly on platforms which promote the sharing of opinion-based content such as Facebook, Instagram and Twitter, where the statements of an individual can have a limitless impact. Nonetheless, it is not enough to dispute the review or opinion of a user. In both torts, the subject must be able to prove some legal foul play: for example, that the content is not the honest opinion of the user or that the user produced the content with an improper motive.
Typically you can ask the platform or service provider to take the content down. But in situations where the defendant has done irreversible damage to your brand or the platform will not comply, you may need to issue proceedings against the other party to obtain the desired result.
Intellectual Property Infringement & Passing off
Intellectual property infringement encompasses many violations relating to the originality of a person or business’ content; which includes copyright, registered trademarks and patents. Content focussed platforms such as Patreon and Ko-fi that rely on the originality of users’ work raise particular IP risks.
Under Section 23 of the Copyright, Designs and Patents Act 1988 an infringement online occurs when another user copies or distributes the whole or a significant part of a work without a license from the copyright owner. An infringement online could be written, visual or audio content.
Similar to registered trademark infringement, passing off occurs when a user or another enterprise attempts to trade off the back of another organisation, leveraging the established reputation of that organisation to garner profit. One such case, commonly known as the “Jif Lemon Case”, is the Reckitt & Colman Products Ltd v Borden Inc (1990) in which the defendant copied the idea of the claimant, mimicking its product, and thus reaped financial gain.
In most instances relating to intellectual property, the owner of the original materials or reputation can seek action against the false user under Chapter VI of the Copyright, Design and Patent Act 1988 or by way of an action for passing off. In either case, the owner may obtain a range of remedies, including damages (i.e. payment of money), an account of profits or an injunction.
How can I protect my business against these risks?
Of course, most social or content sharing platforms incorporate policies against such actions by users, prohibiting defamation, impersonation and infringement along with other possible offences. In most instances, these platforms also provide tools and actions that constitute ‘Notice and Takedown’ mechanism, such as a web-form, which allow businesses to report such content so that it may be reviewed and, if necessary, dealt with by the platform administrators.
Nonetheless, issues can still occur that prevent the proper action being taken against accounts that abuse these policies. Most content platforms operate outside of the UK – and the UK’s jurisdiction – and therefore claims against content that is considered disputable by UK law may, in some instances, be protected by US ‘safe harbour’ laws. For example, under section 230(c) of the US Communications Decency Act 1966, whereby content sharing platforms can relinquish any liability for content that they have little control over.
Though costly and often time-consuming, in such instances it may be necessary to issue proceedings against the platform, whereby it can be proved that they have knowledge of the issue and their lack of taking action can lead to their own liability in the matter. This has been relied on for several prior cases, including Tamiz v Google Inc (2013).
What preventative measures can I take?
The world of social media and digital marketing is a precarious one and one which presents issues at a global level. Nonetheless, the need to navigate the online world is essential in an era driven by digital consumerism. So, how can businesses take preventative measure to protect their brand online?
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If you are the target of a defamatory campaign then you can obtain an accurate, opinion from us about your case or matter please contact us (020) 7305-7491 or at peter@pailsolicitors.co.uk we would be delighted to assist you. The principal is a digital technologies specialist, owner and principal solicitor at PAIL® Solicitors. Peter Adediran's specialist niche areas of practice are digital media business SMEs and IP, both contentious and non-contentious. (Charge rates may vary).
Online Reputation Management Lawyers
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