The rules and legislation on defamation and libel is well established with, hopefully, most seasoned journalists knowing inside and out what they can print and what they cannot.
However, the world of publishing is no longer just the realm of magazines and newspapers – with social media, we are all publishers now.
In fact, many influencer and celebrity social media posts gain more reach than even the largest news organisations in the world could ever hope for – and some have faced legal issues as a result of spurious posting.
Here, Adam Howlett, Prominent’s Media Relations Lead, looks at how businesses and their employees could be at risk of facing legal issues when posting online.
Social media can be an incredible tool for businesses – raising their profile, engaging with customers and creating a buzz around the services and products they provide.
But as the power of social media has grown, so have the dangers of ending up in court. That means companies – and their employees – need to be mindful of not getting on the wrong side of the law.
It used to be that most libel cases were directed solely towards newspapers and news organisations – but we are now seeing many more involving social media.
It’s something companies need to be aware of, especially as employees often have their workplace in their social media profiles. A risky post from a staff member could seriously impact the company.
In many ways lawmakers are still trying to catch up with the online world, particularly social media, but there have been a number of people who have paid a price for a wayward tweet. More on that later.
A defamatory post could be a costly mistake – let alone the damage it can do to an employee and their company’s reputation and image.
Essentially, defamation is when a false statement is published about a person, business or organisation that has, or is likely to have, damaged their reputation.
It protects people and companies against damaging lies being published about them and provides the opportunity for them to seek damages for its negative impact.
There are defences for defamation, including if the post is “honest comment”, but in general, it is best to ensure posts are based on provable information or don’t post at all.
And remember, you are just as liable reposting a defamatory social media post as the person who wrote it, so be careful what you share.
Most defamation cases are dealt with by deleting the post and an apology – mainly to avoid the “Streisand effect” – but when it has caused larger reputational or financial damage, it can end up in a costly court battle.
Famously, Embarrassing Bodies presenter Dr Christian Jessen was sued in 2021 after wrongfully accusing DUP leader Arlene foster of having an extra marital affair. It cost him £125,000 in damages for a single tweet.
Others made to pay damages after libellous social media posts include Katie Hopkins, who had to pay £24,000 to Jack Monroe, plus hundreds of thousands in costs, after falsely accusing her of vandalising a war memorial. Another example is Laurence Fox, who lost a high court libel battle after falsely accusing two men of being paedophiles.
Defamation, especially on social media, is a very complicated subject, so here’s an interesting article from a law firm that goes into more detail.
Social media teams and website managers also need to be aware of photo copyright, as many do not realise they could get themselves in trouble.
If you wish to use a photo to accompany a press release, to go on your website or to post online, you must know who took the photo and have their permission. Simply adding a credit in without asking isn’t a wise idea.
The basic rule of copyright is whoever took the photo owns the photo – so it’s best to get in touch with whoever was holding the camera.
Don’t use an image if you do not know where it came from. If you’re stumped for a photo and need something generic to use, there are plenty of royalty free pictures on sites like Pexels or Pixabay.
Failure to do so could see you receive a hefty bill, or worse, a letter from a lawyer.
It is best to avoid posting anything online that could be defamatory, either as a business or from a personal account.
It can be tempting as business, knowing you outperform your competitors and provide a better service, to want to go on the offensive on social media – after all, shouldn’t people know you are the best?
However, you must be careful not to put yourself in a position where you are negatively affecting the reputation of another company or individual that puts you at risk of legal action.
It is much better to keep away from tearing down rivals at all, and to instead concentrate on celebrating your own successes.
Not only do you mitigate the risk of getting in trouble badmouthing the competition, but that negativity can end up painting your own company in a bad light.
Keep social media posts about your company and your achievements. Post about happy clients, people you have worked with, PR campaigns you are proud of – with engaging content about your team and their accomplishments.
Positive posts and properly sourced photos and logos will ensure you stay on the right side of the law, while promoting your brand in the best light possible.
For more on Prominent’s social media services, see here.
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