One of the great benefits of social media is its instant connectivity and accessibility to so many individuals across the globe. This benefit however can become a distinct disadvantage when things are not all rosy in the social media garden.
Let’s just look at a few examples. Staff with the responsibility of posting content on behalf of your business decide to boost the reach of your messages by tapping in to a popular hashtag #. It can be harmless and often look unprofessional, more akin to jumping on an overburdened bandwagon. One such recent example is #PlutoFlyBy .
Nice pun from the bathroom accessory guys…
Space is all over the news with the#PlutoFlyby, so let us help YOU save space in the bathroom
Or this one from a US Italian restaurant chain…
Have a breadstick on us, Pluto! You’ll always be a planet in our eyes. #PlutoFlyby
Mmm… awkward and looks a little desperate however it’s not malicious and no one is harmed in the hijacking of the hashtag.
Moving on to corporations creating their own hashtag and it backfiring; now that can be an interesting spectator sport.
#MCDStories McDonalds marketing team expected nothing but genuine “nuggets” of wholesome stories, instead they created a McFlurry storm of negativity as tweet after tweet tried to out-score the other on their terrible experiences. Ouch!
Even classy supermarket Waitrose hasn’t escaped the hashtag howler brigade. Their #Waitrosereasons campaign generated a stream of pretentious and pompous tongue in cheek tweets that played on the expense of shopping at the store. This included a tweet suggesting the shopper always transferred shopping to tesco bags so neighbours didn’t know they’d won Euromillions!
Yes we can laugh at the big brands getting it wrong but what if it happens to you and your business. We are all vulnerable to attack as soon as we “put ourselves out there” but how do we respond if someone genuinely takes against your business or someone who works in it.
Examples that hit the media spotlight often involve high profile individuals. Kevin Pietersen brought a successful claim for defamation against Specsavers when their Facebook and twitter advert suggested the ex- England cricketer tampered with his bat.
But it’s not always possible to hit the troublemakers for six. Bed and Breakfast owners Martin and Jacqui Clark failed to win their case against TripAdvisor after they had received very poor reviews on the rating site. The Judge refused to reveal the identities of those making the post which had caused the Clark’s to lose business.
This leaves something of a hole in the world of social media where trolls can continue to inhabit and inflict their pain without fear of retribution. In my view this should be addressed rather swiftly as the proliferation of rating sites has led to many attempts to “game” the sites for competitive advantage. If a review is fair the reviewer should have no fear of being seen. If they are allowed to remain anonymous the opportunity to post false and defamatory messages is made far too easy.
What Should You Do
- You have the right to take legal action if a post mentions you or your business by name or by reference makes it clear who the message is about. For a successful claim of defamation it must be considered offensive leading others on hearing or viewing the comment to think less of the referenced person/ business.
- Defamation cases fall into two categories.
- Libel for the written word e.g. newspapers, e-mails, texts, blogs, tweets and Facebook posts.
- Slander refers to the spoken word – overheard or recorded.
- If you are the subject of an offensive comment on social media report it, block if it’s a tweet. Unfortunately Facebook’s policies are rather inconsistent but still report any messages that cause genuine offence. Most social media platforms now have options to block foul and abusive posters.
- If it’s defamatory content my advice is not to engage with the person posting. Many celebrities and businesses have fallen into the trap of trying to “manage” the situation by responding directly. It’s a natural urge to do so but often creates a stream of communication that escalates without resolving.
- If not considered abusive or defamatory – let’s say it’s a publicly visible negative message/ complaint received mentioning a product, service or person within your business. Then you should seek to take the matter away from the public gaze. If on twitter follow them and ask for a follow back to enable a direct message DM which only the two of you can see. Message them on Facebook or better still ask for an e-mail address or if appropriate phone number so you can deal with the matter directly and without additional public interference. Often with big brands, as seen with the hashtag examples, one negative comment can quickly lead to a feeding frenzy of vented spleens. Engaging publicly with everyone can quickly become a full time job.
- If your own quick actions as above fail to solve a problem of defamation or if the comments are visible in other mediums such as Google search you may need to call upon the help of a professional.
There has been a great deal of media attention around high profile cases of social media based defamation including Kevin Pietersen, Lord McAlpine and Russell Brand. As a result there’s been a threefold increase in cases across the country as more of us gain an appreciation of our rights. The numbers are still pretty low, only 26 matters 2013-14 but the year before saw only 6 cases. Source: Thomson Reuters – Practical Law
One of the biggest problems a victim of social media trolling can face is the challenge to find anyone to listen. The huge social media corporations are notoriously oblique in their “face to face” relations with users. Facebook, Twitter and Google have layer upon layer of FAQ’s, help forums and suitably straight-jacketed reporting processes. If, as many find, your problem doesn’t tick the right box you’ll have a merry old time attempting to get a sensible answer or swift resolution.
If you find yourself in such a situation please drop me a line. Over the years I’ve had a number of successful outcomes for clients dealing with Google, Facebook, Apple and Twitter.
Make an enquiry here:-