In comparison to the way things were even five years ago, it’s amazing the relative ease with which one can put up a website or a blog these days. This is true communication democracy. The cost to entry is low and so everyone with an opinion can get "published." And that’s generally good. Unfortunately, people’s opinions aren’t always good.
The bigger your company becomes, the more likely you are to encounter someone with a bad opinion of your company. When that opinion isn’t good, and it gets published on the web, what do you do? Many companies and individuals would just "lawyer up" and contact counsel of their choice. Their lawyer might advise a strongly worded letter to the publisher of the negative opinion, threatening legal action if the offending item isn’t removed from the web. And that might be the end of it; or maybe not.
Today, those who try to legally bully bloggers and website owners into removing negative opinions about their company, often find themselves in the midst of a blogstorm backlash that catches them by surprise. Suddenly, what seemed like a small and somewhat annoying blog post spins out of control. Now a quick search of your company name on Google brings up dozens of references to the formerly "small" controversy.
Sound like a nightmare? Think it’s impossible? It’s happening more and more to companies that don’t have policies or people in place prepared to deal with such a situation.
Blogger Brittney Gilbert of NashvilleTalking.com wrote that the very fresh story of the JL Kirk recruiting agency is now the number one example of how not to handle a problem with a blog or website.
I have never seen a move as ham-handed and wrong-headed as the one made by JL Kirk Associates and their attorney(s). I have sat back and watched in sheer amazement as this transparent and completely obvious attempt to bully a blogger has backfired a thousand times, over and over and over again. It’s been fantastic and fascinating to watch.
There was nothing in Coble’s account that even closely resembles libel or "false and defamatory statements." Not unless you think a negative film or restaurant review counts as the same. This company chose to take an age old route to getting what they wanted – they used their money to obtain the brawn of an attorney to threaten the one thing that scares the life out of most people. A lawsuit was never this company’s intent, if I had to guess. They just wanted to bully a blogger into taking down speech that made them look bad. Instead they set off a firestorm of fury from bloggers all across the web who take their right to tell the truth about negative corporate experiences very seriously. More seriously than even I guessed. And rightly so, because self-publishers on the web – your average, everyday citizen – no longer need to bend to the will of the ones with the most might. Bloggers no longer need to buy ink by the barrel. The ink is free.
Not only is the ink free, but so are those using it. Free to warn others about what they think is a shady business or uncooperative legislator. No longer are newspapers and television stations the only people with a platform. Through the wonder that is the tubes, a blogger with under a thousand readers a day can bring a company to its knees, especially when that company attempts to roll over an individual’s First Amendment rights.
You can read the full article here It also details the famous Jeff Jarvis / Dell debacle. It’s a good read, and an excellent initial primer on how not to handle these situations
Be forewarned; with success come critics. Don’t be caught by surprise and make sure you have a plan in place when someone asks you if you’ve seen the website www.yourcompanystinks.com. And while I always recommend that you counsel with a good attorney in such situations, don’t just "lawyer up" and think you’re good to go. It’s a little known secret, but we lawyers actually don’t have all the answers. You know your business better than anyone, so take a deep breath, think it through, and always pay attention to the potential PR angle.
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Come back to the iLegal column every week as we get specific about the rules, regulations, laws and trends that affect the online advertising industry. Each week we discuss important legal issues, talk about how to avoid the pitfalls, and cover the breaking legal and regulatory advertising industry news.
Legal Disclaimer: Information conveyed in this column is provided for informational purposes only and does not constitute legal advice. These materials do not necessarily reflect the opinions of Digital Moses, and is not guaranteed to be complete, correct, or up-to-date. The column is provided for "information purposes" only and should not be relied upon as "legal advice." This information is not intended to substitute for obtaining legal advice from an attorney. No person should act or rely on any information in this column without seeking the advice of an attorney.
Mark Meckler is the General Counsel for UniqueLeads.com, Inc., and Unique Lists, Inc.
Copyright 2007 Mark J. Meckler
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