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Individuals making comments on the Internet criticizing products and services may be surprised to discover that businesses are increasingly fighting back. The trend is for businesses to no longer sit back and take online criticism of their products or services lightly. What's more, courts often side with the businesses and award large damage awards. Also, people may think they are anonymous when they are online posting comments. However, with the evolution of Internet law, a person's name is subject to disclosure. Businesses can -- and do -- sue posters for defamation. When a business has critical comments, the vendor may ask the service provider, or the service provider may request the person, who posted the critical comment, to remove it. If the person fails to do so, a lawsuit could follow. The issue is whether the comment is an opinion or an untrue statement. In other words, does it involve the First Amendment right to free speech (an opinion) versus a defamation claim. For example, if a consumer opines that a restaurant's food tasted terrible, that may be considered an opinion. But if the consumer states that the restaurant had rats without any basis in fact, that would be defamation. Keep in mind that written defamation is libel. Libel is the type of defamation with a permanent record. Libel comes into play in newspapers, letters, website postings, emails, pictures, or as part of a radio or TV broadcast. If a business can prove that someone libeled it, and that person does not have a good defense, a court may presume that the business suffered damages and award money to pay for the damaged reputation and loss of profits. The basic elements of libel are: 1. A written false statement; 2. The statement was made to a third party; and 3. The statement caused harm. If someone sues for defamation, the most common defenses are: • Truth - The statement is true.
• Absolute privilege - Usually a statement made in court during a proceeding.
• Qualified privilege - When a party is acting is good faith, without malice.
• Fair comments - Honest statements of opinion, based on facts, and not malicious.
• Responsible communication on matters of public interest. How Identity Is Discovered with a Doe Subpoena A "Doe subpoena" seeks the identity of an unknown defendant in a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John or Jane Doe and then use the tools of the discovery process to seek the defendant's real name. A Doe subpoena is often served on the online service provider or ISP for the purpose of identifying the author of an anonymous post. First, the plaintiff issues a subpoena to the hosting website requesting the IP address of the poster. After, obtaining the poster's IP address, the plaintiff must then subpoena the ISP that owns the address. This second subpoena requests the contact information associated with the account of the computer to which the IP address was assigned at the time the post was made. For the full article, click Here. Consult with your attorney if defamation occurs. Developing a strategy to immediately respond can minimize the damage that online attacks can make. At HR&P we know what drives your company. We have built a reputation on providing exceptional customer service and administrative solutions that help companies improve productivity and profitability. Please give us a call at 281.880.6525 or visit us HERE and we will be happy to talk to you. About HR&P:
Since opening our doors in 2000, HR&P has offered the highest quality human resource outsourcing and payroll services to a diverse pool of clients. By processing your payroll, managing your benefits and overseeing your human resource issues, HR&P makes your workforce flexible and able to meet your changing business demands. Our ongoing goal is to continue to develop specific solutions for each client that suit their particular needs. Contact HR&P:
Name: Human Resources & Payroll (HR&P)
Address: 14550 Torrey Chase, Suite 100, Houston, TX – 77014
Ph. No.: 281.880.6525
Mail ID: info@hrp.net
URL: http://www.hrp.net
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Lawsuits, Online Criticism, online services, online attacks, Employee Benefits Administration, Employee Benefits Services, Human Resource Outsourcing,
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