Be Careful What You Say Online!
Sometimes it takes a news article for people to really get it. In this case I’m referring to an article I read in today’s issue of The Wall Street Journal which serves as a good warning to bloggers who aren’t careful in what they say online. In, Bloggers, Beware: What You Write Can Get You Sued, the WSJ shared several examples of bloggers who have been sued because of something that they said online, typically criticism involving a company’s product or service.
Avoid That Lawsuit
Instead of rehashing what the WSJ had to say, I’ll echo a few points while including my own take on writing, free speech and using common sense when offering an online critique. You certainly don’t have to agree with me on my main points, but you can avoid the headache and heartache a lawsuit can give you whether it has merit or not.
Full Disclosure — I’ve read enough stuff online over the past fifteen years, but I never take anything seriously unless the author’s real name is used. That can be more difficult to do (even unnecessary) with forum comments, but if you publish an article, why not take full ownership of what you wrote? Including a brief biography at the end of the article or posted someplace on the site can enhance your professionalism.
Constructive Criticism — So a certain service or product has let you down. But, should you simply bash that product or the person delivering it? I don’t think so. Instead, why not instruct your readers by offering a review that manages to take into consideration all aspects of the service or product offered?
For example, there are times that I don’t particularly like a car that I am reviewing. I may even tell people that I don’t recommend buying it, but I also will mention whatever positive features I’ve found in it. These days, there aren’t any absolutely crappy cars on the market so I try to mention some of the redeeming values as well as what I don’t like about it.
Personal Attacks – If you personally attack an individual, then you deserve to be sued. That suit may not have merit, but if you demonize or at least cast someone in an untrue light then all bets are off. Besides, your readership — if they’re not a bunch of juveniles — may dismiss your attacks as a personal vendetta, perhaps casting you as troublemaker or a vindictive SOB. Raise someone’s ire and you’ll get the legal punch in the nose you deserve.
Protect Yourself — You may not have done anything wrong, yet you’re still getting sued. That is the unfortunate part of living in a litigious society — some people will come after you simply to intimidate you.
Suing Without Merit
As the WSJ article said, even a suit without merit can get expensive to defend. The article outlined some low cost insurance options which can offer legal counsel in the event that you are sued. Usually, this coverage is for personal blogs not business blogs, therefore if you are blogging on behalf of a business, you’ll need to make sure that you are covered from that aspect too.
Yes, state shield laws might offer some sort of protection, but I can see where they can be circumvented as well. Shield laws are designed to protect journalists, but some might argue that bloggers are not journalists. The plaintiff may lose that argument, but as a defendant you’ll still need to respond or face worse consequences.
Free Speech & The First Amendment
Free speech is all well and good — I’m a firm believer in the first amendment (to the U.S. Constitution). But, what you say can still come back to bite you so make sure that you have the protection you need to avoid being muzzled, impoverished or both.
See Also — You Can Blog Better Than That!
Photo Credit: Steve Woods
Tags: Blogger, blogging, blogs, journalism, journalist, The Wall Street Journal
General | Matthew C. Keegan, 21 May 09
By LarryJackson, May 21, 2009 @ 9:47 pm
Very good article, Matt. You make a very good point that even though we believe in the First Amendment, we need to understand that we will take responsibility for what we say.
I also read the article you linked to at the end and it also has a lot of useful information. Thanks for sharing it with your readers.
LarryJacksons last blog post..President Obama to sign credit card reform bill
By Matt Keegan, May 22, 2009 @ 2:01 am
You’re welcome, Larry. I don’t want to throw a damper on free speech, rather to encourage people to be sensible online. Seems like a modest suggestion, but it can certainly be helpful.
By dental products, May 22, 2009 @ 3:22 am
Your article reminds me of the golden rule “Do not do to others what you would not like others do unto you.” Bloggers should know their responsibility and accountability in any writings they published.
By Matthew C. Keegan, May 22, 2009 @ 9:38 am
Dental, the golden rule is a good model to apply to our lives, most certainly something to take into consideration when we offer up any sort of critique online. Thank you for the reminder!
By ViCky, May 22, 2009 @ 11:13 pm
This is Insane to say the least . If anybody does not like a product he is sharing it and it is completely rubbish for people to use them for that , Next what ? Cant even chat with yahoo messenger with Friends as they might read our messages ?
Anyways the post is informative.
By Matt Keegan, May 23, 2009 @ 5:02 am
Vicky, it is nuts. Perhaps that is why some people insist on complete anonymity online. But, with anonymity comes a lack of credibility, at least in the eyes of some.
Matt Keegans last blog post..Weekly College Planning
By Dominique, May 23, 2009 @ 3:26 pm
Great article, Matt. Thanks to Larry, I added a blogging disclaimer on my blog. I have actually been thinking of having my attorney take a look at my blog and give me some feedback, just to be doubly sure.
I totally agree with the premise of your article in that we should be able to agree to disagree without character assassinations. Even for me, I have to remind myself that it isn’t Obama I disagree with but his worldview and policies.
Again, I think you rock!
Dominiques last blog post..not anti-GOD but anti-CHRIST thus a CALL 2 FALL
By Matthew C. Keegan, May 23, 2009 @ 7:45 pm
Excellent, Dominique. Having some sort of legal statement can be helpful, especially for the person who has controversial posts or accepts paid posts. With the latter, I find so many people pitching products while failing to disclose what they’re up to.
By Bisnis Online, May 24, 2009 @ 1:50 am
This article is right, because when we said anything online, all people in the world can read it
Bisnis Onlines last blog post..Manchester United Resmi akan Melawan Indonesia
By New York City Insurance, May 24, 2009 @ 9:22 pm
“Personal Attacks – If you personally attack an individual, then you deserve to be sued.” – I wouldn’t go as far as saying that it means you can be sued, but I do think a lot of people cross this line and are very abrupt and rude when posting online.
By Matthew C. Keegan, May 25, 2009 @ 4:33 am
@NYC Insurance — In actuality, you can be sued for just about anything. You just need to find a judge to hear your case. Merriam-Webster dictionary describes libel as follows –
2 a: a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression b (1): a statement or representation published without just cause and tending to expose another to public contempt (2): defamation of a person by written or representational means (3): the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4): the act, tort, or crime of publishing such a libel
Thus, there is plenty of room for someone to make a case, though winning it may not be as easy to do.
By web design, May 26, 2009 @ 5:49 pm
Thanks for the great tips, I’m going to be starting my own blog soon about music. I plan to do music reviews, Interviews, and general music opinions. I will take into consideration what you’ve posted. I don’t want bands or labels suing me now!
By Matthew C. Keegan, May 26, 2009 @ 6:56 pm
Hi Web Design. If you keep you site professional and follow certain guidelines such as crediting people for photos, music clips and what not you should be okay. If ever in doubt, ask people for their permission and publish a legal disclaimer to protect yourself too. Be prepared to remove disputed content ASAP too. Best wishes with the new site.
By Tatang Sulaeman, May 26, 2009 @ 8:21 pm
If anybody does not like a product he is sharing it and it is completely rubbish for people to use them for that , Next what ? Cant even chat with yahoo messenger with Friends as they might read our messages ?
By Matthew C. Keegan, May 27, 2009 @ 4:04 am
Tatang, I don’t think it is as bad as that. What you say on an instant messenger service isn’t broadcast everywhere.
However, if you own a blog or a forum and libelous information is shared, then you always run the risk of someone being offended. These things usually take care of themselves online, but if the offended party wants to take further action, then they can and will turn to the court system for relief.
By Tech-Freak Stuff, May 28, 2009 @ 5:32 am
Thanks a lot friend! I know that Bloggers do Blog on some topics from which they should stay away from. Also Copyright Infringement is the most common crime committed by us unknowingly or knowingly.
By Matthew C. Keegan, May 28, 2009 @ 6:12 am
Hello Tech. Copyright infringement is something that every blogger should be aware of. Even if a blogger “unknowingly” transgresses in this area, the law will not side with the offending party. Better for the blogger to be fully aware of what his writing boundaries are than to break the law and run into all sorts of problems later on.
By Dekoracje Okien, June 19, 2009 @ 5:21 am
Companies who sue people for criticism are silly. They make themselves look unprofessional and instead of “killing the negative opinions” the raise even more when general public finds out.
By Matthew C. Keegan, June 19, 2009 @ 5:44 am
You make a valid point, Dekoracje. Most criticism should simply be dismissed, ignored, but if true the problems should be corrected. Going after an individual or another company can bring a long with it bad PR, perhaps worse than what the critic first had to say.
By James Perry, September 8, 2009 @ 11:35 am
Good points.. It is crucial that businesses and organizations are cautious of how they represent another company, especially in today’s lawsuit-happy society.
.-= James Perry´s last blog ..Biggest House in the World =-.