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Social Media, the libelous law suit that almost & how to stay out of trouble

In case you were wondering, this is a blog about libel. In this blog, I will refer to libel as the “L” word, because as a PR gal, the THOUGHT of someone posting defamatory statements goes against my ethical (and moral) core. Therefore, even mentioning the word on paper makes me cringe.

The “L” word refers to a written statement about a person considered false by that particular person. If what is written causes the person to receive hatred, scorn and ridicule by other people, it might be the “L” word. If what is written causes the person’s reputation to suffer, it might be the “L” word. If what is written causes the person social deprivation because others are repulsed by them, it might be the “L” word. If what is written causes the person to lose their job or not get a job, it might be the “L” word (Bufkins, classroom).

There are three ways to help determine if what was written is actually the “L” word: defamation, identification and publication. If these things happen AND what is written is proven false, it is DEFINITELY the “L” word.

To defend against an “L” word dispute, you can use the statute of limitations, truth, the First Amendment, privilege or consent. First Amendment defense is a slippery slope but in Social Media, it is easier.

Here is an example. Portland blogger Tiffany Craig posted on her blog and Twitter account in June that medical spa doctor Jerrold “Jerry” Darm was “ubiquitous” because of his advertisements. Then, she cited a 10-year-old case against Darm by the Oregon Medical Board, claiming the doctor attempted to trade sex for procedures (Ho).

BOOM – the “L” word. Here’s why.

Craig said something defamatory, identified Darm and published it online. PLUS it was not an accurate accusation.

Craig didn’t research thoroughly, or she would’ve noticed Darm was actually accused of “unprofessional 

and dishonorable conduct” after Oregon Medical Board investigated a complaint against Darm for agreeing to provide free services to a client. He then “kissed and touched” the patient but nothing ever mentioned sex. To avoid charges of defamation, Craig’s lawyer, Linda Williams filed a motion under Oregon’s anti-SLAAP laws. Strategic Lawsuit Against Public Participation, or SLAPP, suits are attempts to hinder speech against issues considered of public interest (Ho).

Williams argued what Craig wrote was a matter of opinion based on the facts of state medical board records and even linked to those documents within the blog. Since Darm is a very well known doctor in Oregon, his record is important to the public, especially with a record like this. Thomas McDermott, Darm’s lawyer, however argued since Craig was never Darm’s patient, it was not public interest (Ho).

This past September, the judge ruled in favor of Williams and a court date was set at the end of October. However, before the date, Darm dropped all charges against Craig (Ho).

Since 1980, 334 “L” word awards were given against media defendants, however no actual cyber case has gone to trial. Why? Most are considered public forums and are protected as matters of opinions based on “facts” (Ho).

It is very difficult to take a cyber case like this one to trial because many times, it is considered “public interest.” By this, the accused points out social media accounts like Twitter, blogs or Facebook are all personal and meant to announce those personal opinions to the online realm. In this particular case, Craig made an inferred opinion based on truth in her personal blog, so Darm could not prove fault or falsity.

To keep you in check against the “L” word, here are a few simple and easy steps to take.

• 1.     ALWAYS, I mean ALWAYS, do your research. If you imply something based on a fact but there is not hard evidence supporting your claim, don’t even go there. Reword your sentence if you are concerned it could be considered the “L” word.
• 2.     Know the facts and the truth of the story. Remember, it is possible to lie by omission. The truth is out there, search for it to protect yourself against the “L” word.
• 3.     Finally, RECORD everything. If you interview someone about a scandalous case, make sure you document what exactly the person said. If you have a direct quote that could be incriminating, make sure you can prove they said it.

Staying off the “L” word’s radar is simple, as long as you take care of yourself and don’t jump the gun on a story because it has a twist. With how quickly information is passed along the viral realm, one wrong move could receive hundreds of impressions within minutes. Even if you retract a false statement, nothing ever truly disappears from the Internet. It’s better to be patient, wait for the truth and be credible than jump the gun and spread a potentially career ruining, defamatory, statement.

Sources:

Ho, Sally. "Oregon's first Twitter libel lawsuit." OregonLive.com. The Oregonian, 10/10/2011. Web. <http://www.oregonlive.com/tigard/index.ssf/2011/10/oregons_first_twitter_libel_la.html>.