If your company website includes a blog, user forum, or message board, whether public or just for staff, you risk being sued for defamation. It may be a small risk, but you need to be aware of the possibility and to think about what, if anything, you should do. Via Iain Dale, I’ve been reading an article in the UK’s Law Society Gazette on how the internet is changing the role of lawyers. The article quotes lawyer Ashley Hurst:
‘If a defamatory statement appears on one of these forums or online customer reviews [JDD: as an original posting, a link, or a comment] , the company responsible for the website could be liable. Journalists and newspaper lawyers are used to dealing with the risks of libel, but an in-house lawyer … may be more familiar with commercial contracts than overseeing libel and privacy complaints arising from the company website.’
Although much of the article is relevant in all jurisdictions, it is framed in terms of English law, so you need to talk to your own legal advisers. For example, should you monitor your website?
Hurst says: ‘If companies don’t monitor their forums and just respond to complaints they may have a defence of innocent dissemination. Under section 1 of the Defamation Act, a website operator may have a defence if it did not publish the defamatory statement itself and did not know that its website was facilitating the publication of a defamatory statement from one of its users.
‘Retailers, for example, may want to monitor the discussions on their websites to maintain their integrity and ensure users are not causing any damage to the brand. But by monitoring, website operators are unlikely to be able to rely on the section 1 defence, as they would struggle to show they were not aware that it was facilitating publication.’
I can’t think of any company that would not monitor its websites, blogs and so on, not because of any paranoia, but just to keep an eye on brand reputation and the tone of the conversations (eg. staff morale, customer satisfaction).
One key thing you must do is to establish house rules for both articles and comments, and make sure your staff and outside users know and understand them. You should also think about an easy and quick procedure to make and respond to complaints about content, including the removal of offending remarks. Your house rules should also cover commenting on other sites (see my earlier post on responding to blogs). Staff members making defamatory comments on sites may expose their employer to being dragged into an action, especially if they have an managerial or representative role. Staffers may think they’ve posted anonymous comments, but there’s no such thing except for the technically astute. If you make a comment on this site, I can see your IP address (the unique number that represents your PC) and the name of your host network, so I can usually track you down, at work or at home.
Another way to keep an eye on things is to have a moderation stage in website postings (including comments). For example, all comments on this blog must be approved by an authorised person (ie. me) before release to the live site. Just be careful that you don’t turn the moderation process into heavy-handed content sanitisation or you’ll destroy the benefit of the forum. I have only rejected one comment since starting this blog nearly two years ago.
In summary, you can put in place some simple measures to protect your company from defamation actions. Don’t let concern over defamation put you off running company blogs and forums. They are powerful ways to connect with staff and customers, and the risks can be easily managed.