ONLINE DEFAMATION & REPUTATION MANAGEMENT
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1 ONLINE DEFAMATION & REPUTATION MANAGEMENT Presented by Russell Davis
2 Actual -received March 28, 2011 Dear, It appears that your business is under attack from a malicious defamer: This is only one channel being used in the assault, there may be others. Whether the attacks are from a competitor or malicious and disgruntled Customer, their demeaning comments are costing your business money. You have worked hard to build your business and establish your reputation; you need to act now! We have developed a proprietary method that sends these RipOffReport cybersmears into Google oblivion, shielding you and your business from these attacks. We can remedy this problem quickly, often within a week; if we cannot then there is no charge.
3 Context: 1) Defamation, libel and slander, has been a cause of action for hundreds of years. 2) Comments made in newspapers or TV have typically had a limited shelf life, but now comments made on the internet remain in caches of search engines for decades. 3) Statute of limitations for defamation is typically one year from date of publication. 4) Positive SEO can be used to consign defamation to lower search engine positions.
4 BASICS OF DEFAMATION Defamation is a false and unprivileged statement of fact that is harmful to someone s reputation, and published with malice or negligence. The elements that must be proved to establish defamation are: *a publication to one other than the person defamed; *containing a false statement of fact; *that is understood as being of and concerning the plaintiff; *which harms, or tends to harm the reputation of plaintiff. *Public figures must also prove actual malice. Truth is an absolute defense to a defamation claim.
5 STATUS OF ONLINE DEFAMATION *Number of online defamation cases is on the rise in US and Europe *Communications Decency Act of 1996 ( CDA ) has been used as source of law for online defamation cases internationally.
6 COMMUNICATIONS DECENCY ACT of 1996 The CDA was established primarily to deal with the distribution of pornography on the internet. Presently Section 230 of the act is cited as the most relevant provision due to the protections it affords to ISP s and secondary publishers of defamatory or potentially defamatory material. Section 230, in summary, says that ISP s are not responsible for the information published by their users (or stored on their servers) unless and until they are informed of any infringement. Thereafter they should either act to remove the content, or face legal action themselves.
7 WHAT TO DO ABOUT ONLINE DEFAMATION? Determine if the posting is defamatory and status of the plaintiff (private or public figure). Identify the party that posted the content. Identify the owner of the domain name. If posting party is owner of the domain, then you must demand retraction and removal. You have right to sue this party. If posting party is not obvious, you should inform ISP of the offending posting, demand removal, and, if needed, sue ISP to provide identity of offending poster.
8 Given costs and difficulty in establishing damages to reputation, consider demand/threat letter as most efficient method of obtaining compliance from defendants. Consider posting positive comments, testimonials, reviews, or other content onto the web to drive down the negative content from the front pages of search engines. When all else fails, consider calling the Trunk Monkey,
9
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