If you think social media is like a cocktail party, think again. Because of amplitude (broadcasting to a large audience) and permanence (visible on Google or other websites), the risk of legal consequences is greater. In other words, you can be sued for what you say on social media.
Case in point:
A Chicago management company is suing a woman for a Twitter tweet the company claims is defamatory. The suit accuses her of tweeting the company is “okay” with moldy apartments.
Because the woman’s tweet is public, all her followers, and possibly others, via ReTweets, can view the tweet which the company says is injurious to its reputation.
The suit seeks over $50,000 in damages.
(Source: Sun-Times News Group Wire © Chicago Sun-Times 2009) via TheClozing, the new real estate news ticker (check it out)
My opinion (not to be used or relied on without a four figure check first being deposited into my bank account):
1. It’s difficult for a company to win a defamation case. It’s called commercial disparagement or trade libel– remember the cattleman who sued Oprah because she said something which they said caused folks to eat less beef. [Unfortunately, the case produced Dr. Phil, who IMO dispenses more bull beef than the Golden Arches. But I digress (with an upset stomach).]
2. The tweet is likely to be deemed an “opinion”.
3. Money damages are hard to prove. Can you measure the number of people who actually read the tweet? believed it? and acted on it? If the company is only operating in Chicago, what consequence of a follower in Cucamonga believing it? Plaintiff claims libel per se which presumes damages. I disagree and think they’ll have to prove damages.
4. Don’t name names. Twitter as if some lawyer was looking over your keyboard. (Remember, it’s still OK to call someone a dumbass in California.)
5. This is a fail whale case. A lawyer looking to establish his reputation could take this case pro bono, as could the ACLU, and ride any victory into the sunset (with a promise of future fat retainers).
Other Legal Posts on This Stuff:
Did Real Estate Blogger Defame Developer? A $25 Million Libel Lesson
Blogger is Sued for Business Disparagement
Playboy Playmate Sues Blogger for Libel
How to Idiot Proof You Blog From Lawsuits
Do You Know Your Blog Law? How Not to Get Sued
Technorati Tags: twitter, legal, defamation, libel, trade libel
