Thread by @Kezza_PR

A thread on defamation and why those, including PRs who post on social media opinion as fact without evidence are risking legal action.
In-country laws, any international laws law are vital knowledge area of practicing PR.
It's not a lawyer's responsibility, it's an individual's.

I just posted on social media' or 'they were my opinions and assumptions' but without evidence is defamation.
Trying to make a fact appear to be an opinion would not protect someone from legal address or a legal case.

Defence of 'honest comment' is one of the defences that can be used. This is the right of free speech allowing a person to express an opinion, even if it is prejudiced, exaggerated or obstinate. However, it must also be based on fact.

You could bring a claim against the person who wrote the comment or against every person (subject to certain defences) who shared the social media post and who liked it.
Defences of not being the original author are unlikely to give someone the right to avoid legal proceedings.

You cannot though bring an action against individuals who are not the author, editor or publisher unless it can be shown that action couldn’t be brought against the author, editor or publisher.

In terms of the liability of the website, internet service or social media platform, the law states that they can only be considered liable if you cannot identify the author of the comments
If you are identified and easily verified as such, establishing liability is not an issue.

Taking legal action and suing for defamation is an option but be aware the current time limits mean that a claim must be made within one year of the statement being made.

If defamatory statements have been made about your organisation, business, brand or yourself on social media, then there may also be many other legal routes in addition to a defamation claim and these could include malicious falsehood, breach of confidence and harassment.

Business, individual needs to show damaging content has been published to Twitter, Facebook or other platform and defendant was responsible for their publication. Meaning of the words is taken into account to ensure what was written was intended. Important for opinions as facts.

The social media statement must have caused or likely to cause harm. Harm can be different to each company and/or individual.
This can be to the organisation and/or to the individual or it is likely to be caused financial loss in the short-term, mid-term or long-term.

And even getting grammar and spelling wrong in social media posts can lead to a proven defamation claim. The missing apostrophe case, highlighted by @guardian can happen in any country, including UK.
theguardian.com/law/2021/oct/1…

Social media posts with unfounded, nonsense claims as evidenced facts are often noise. Organisations, individuals must go higher
Advice: be aware, keep screen shots but do know difference to noise, which can be hurtful, to legal address for nonsense claims based on no evidence.

It helps to be a PR, fully trained in England, UK, some international law. My opinion, more in PR should add law to their skills sets and leadership and not just those who came from a media background. Added value!
#PR #Law #Defamation #SocialMedia
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And, anyone who cites blocking them on social media, as posts intended to incite, cause harm are not your values but are determined conflict, is discriminatory or, worse, racism, no law, industry body or independent oversight will side with claims blocking is discrimination.
#PR