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Can a business prevent you from blogging about them?

If you leave a comment, Jim will visit your blog and comment. I've been trying to find a small business that doesn't already have an online presence and those I patronize already are online. I've been wanting to get involved in Bob Stewart's small business blogging challenge.

Today I finally found one. It's a business that my marketing guru and I have been patronizing for the last 15 years.

I walked in, introduced myself, told the daughter of the owner what I would like to do for them, and she gave me a qualified "yes" since she would have to check with dad.

I interviewed the daughter and walked around and took lots of pictures. It was near closing time and the daughter walked out to meet me. I figured she was going to tell me that it was closing time. Instead she told me that her father issued a resounding "No!" to me blogging about their business.

That, of course, begs the question. Can someone prevent you from blogging about their business, especially when the blog is positive?

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Posted by Jim Frimmer, San Diego Mission Valley Realtor on 08/09/2009 12:42 AM

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68 Comments on Can a business prevent you from blogging about them?

AUG

How can they? I mean, isn't that what free speech is all about? Now, if you wrote something negative and blasted it all over the internet, then they could probably try to sue you for defamation of character of something equally silly. But you are supposed to be able to write whatever you want to write. Newspaper columnists do.

~Renae

By the way, I'm going to park here because I want to see what others say about this subject.

~Renae

Jim - That is a very good question. I wasn't allowed to take pictures of the inside of one of mine, but they didn't mind me blogging about it.

It is a fine line there huh? if a person can sue a songwriter for writing a song about them and then becoming famous because of of the song, saying they should have rights to some of the CASH ... it makes me crazy to think of how many are owed money ... also with Blogging ... I wonder if I should write some of the things I do ... they are all innocent to me ... nothing said wrong ... but the 'what if' ... even if I don't disclose names ... for those around them ... they might recognize something I wrote and know who they were .... you know .... maybe this business owner has something he does not want brought out of the 'what ifs' and if someone read it that puts something together about that sounds like ... and it clicks ... that sounds like you know who ... then he is caught! or maybe he is a real private person! but I think I would respect his wishes...and not BLOG!

hmmm good question, Jim. I don't know why a business would object to a positive post on your blog.

Seems to me there is nothing they can really do if you want to write about them. But it would seem that the fact that you did when they specifically say no is not in anyone's best interests. Of course thy may do nothing, or they could writing something out there that could be negative about you. If someone is adamant, why bother?

This seems like a win-win to me, but if they are not interested, do I continue to patronize them? There are other similar businesses....

I didn't recognize the daugher, but I'm sure if I were to meet with mom, mom would know exactly who I was. I'm not sure if I've ever met the dad before.

I also explained to the daughter that my marketing guru and I have probably spent upwards of $20,000 with them since 1994, and told her exactly what we had bought from them. We really like the business, and just walking around their grounds can be very relaxing.

I'm just really perplexed why a company that has been in business for 90 years would not want free publicity.

Not wanting free publicity raises too many questions or red flags. Actually, I would not want to know why but would cross them of my 'favorite business' list. Not all the possible answers are bad either. If they don't want to help you help them, why support them when others may be thankful for what you can do?

I would hesitate to do it I propose especially if I have/had been patronizing them for years as you said... I would not want to go against someones wishes especially in a small community...I can't imagine why they wouldn't want you too? Well I can imagine but I don't think that is the case here....! I would think the pictures would not be a good idea if they said no cuz that invades their privacy even though they are open to the public? It is private property or something? hmmm interesting question. I'll wait to see more comments.

Jim, I'd meet with 'mom' and ask permission. Who knows, maybe the 'dad' didn't actually understand the details of a blog...perhaps he thought it was going to cost him marketing dollars... Wow! And you have done business with this company for 15 years! The best to you!

Basically the answer is NO. In the Unites States, we are privileged to have free speech and may say anything. However, we are responsible for what we say. If it can be demonstrated that we have harmed someone, we can be liable. The only way that you can be stopped prior to publication is by some action such as a restraining order. After the fact, the you or the web host may be pressured to remove a blog or legal action may be taken to have the blog removed. A great example was recently on Twitter when Amanda Bonnen was sued for $50,000 for a Tweet about the property management company Horizon Realty of Chicago. None of the commentary that I have seen has discussed whether she should have been prevented or stopped from making comments --- only whether she wrong in making them. In more practical terms, we are here to build business and negative posts as well as unhappy business owners are not what we are seeking.

It would probably be best to respect their wishes. Not all business owners embrace (mostly because they don't understand it) blogging and what it can do for them. I would not take it personally, or necessarily stop patronizing them because they opposed. I just don't think they understand.

What about the zoo? I know you visit on a regular basis and have some great photos. Just a thought.

I agree with John. I can't imagine why they wouldn't want your generous offer of free marketing for them, unless they truly didn't understand what a blog was and how it could benefit him. But I would definately cross them off your favorite business list as John said.

Jim - Not sure what the right answer is here about whether a business can prevent you from blogging or not, but..... I would ask any business if I were to blog about them (other than if I were just writing some basic well known information about a business). If they said no, I would respect that and not write the post.

Funny how there are so many varied opinions as to what you should do in this situation. I get it that you should respect the wishes of the company owner. If they asked that you not take any photos of the inside of the establishment, I would get that as well. But can a restaurant tell a food critic not to write about their food?

~Renae

Howdy there Jim

I have also had a few businesses turn my offer down, about writing a blog post about them. There sure could be many reasons as to just why a business would not want someone to write about them.

Some of the reasons that I've thought of as to why they have said no. Was just maybe they think it will take something away from them being a small business, maybe they feel if their name gets out on the net, they would start geting even a lot more busiess, and would not be able to keep up with it, and give their client's the kind of service they have always gave them. A business own could even feel they would be beholden to us for doing it. And feel at sometime down the road we my say, you remember when I wrote that blog post about you. Don't you think maybe you sould be willing to give me a discount on what I'm buying from you. And they could even feel that it makes it look like they are in some kind of business reletionship with the our business. There really is thousands of reasons why a business would not be willing to take us up on it.

Does it mean I'm not going to do business with them anymore, just because they said no. Not at all, I'll still do just as much business with them. I feel if I was to stop being a client to them. It would just back up what they may have been thinking, that made them say no in the first place.

This is just the way this here ole cowboy, feels about it.

Baker Home Inspection and Consulting AR Signature

I don't see how they could stop you "legally" (I am not an attorney and this is not legal advice!), and I also think if you've been a longtime customer you may not want to mix up your relationship as a customer with your relationship as a blogger. That said, I also think "dad" must not have understood what you were talking about doing. What could you possibly write that would be objectionable to him? I have a fairly vivid imagination and I can't come up with anything that a normal customer of a normal business could say that the business owner wouldn't want to have said in public. (I can come up with a number of bizarre scenarios involving unusual businesses and/or unusual customer relationships or ex-employees where the owner might want to know what they would say first.... and I won't go there :) ) Jim, I'd probably go back in and see whether "dad' was there, just to clarify what a blog is and how you like their business -- after fifteen years, it seems worth a second shot.

And I also put in a bid for a post about the zoo... with lots of pictures!

Jim - I don't think they can as long as you are careful of what they say, photographs you have to be careful with also!

VB :0)

AUG

The newspaper doesn't have to ask and by being a public business they really can't stop you I don't think!

Jim - Of course, I'm not an attorney and all that other disclaimer BS, but I don't see how they can stop you from writing anything truthful. They can prevent you from taking photos in their store, but it sounds like you already did that. So, the real question becomes "Why do you want to?" The point of the process is to build relationships. There's no indication here that they want to participate in the process. In fact, the opposite appears to be true. I'd move on.

Can they prevent you? Probably not, but I believe they can ask you not to take photos while on their premises. A secondary issue is 'should you honor their request anyway?' To that I would say yes. It's not worth losing goodwill just for a post. Maybe after you've written about a few other businesses you can approach them again and they'll understand the concept better.

Hi Jim - As long as what you say is accuratea, they can't stop you from writing about them. But I am baffled as to why they would want to! But then, depending on your feelings about them now, you may not want to promote them now.

I am not sure why if someone does not want you to post and blog about them that someone would do it anyway -- even if saying something good--- I mean what is the point. Find some other business who will appreciate your efforts and spend your time blogging about them. Seems a better use of time and resources.

As for going back to the business who did not want the blogging- guess that depends on how much you like what you buy there.

Our 2 cents.

Jim:

Suppose you decided to be negative......why should they trust you more than they would the press. Everyone know the press can't be trusted to get it right.

They probably have a brother-sister-cousin-uncle-best friend-etc who is a REALTOR.

Maybe the owner just happens to be having a bad life.

Maybe they hate Al Gore for inventing the Internet.

There are enough businesses out there who are willing. If we all did this full-time for a year, there would still be more to do.

Jim, Interesting question. I would endeavor to say than rather risk a lawsuit, especially there in CA, leave it be. There are several business that are willing to have someone write about them...

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I would say no as its a freedom of speech issue. But why blog about a business that doesnt want it. That's really strange.

Jim,

I would not be thrilled to have someone blog about me without my approval, although the person probably has the legal right.

With the 1 business I highlighted, I brought the owner a draft prior to going public. If the owner actually sees what you want to post, it might make a difference.

I can't believe they don't want the free publicity/exposure. I wouldn't do it just because they explicitly said no. However, I don't think it would be illegal for you to do so.

Hello Jim

Isn't it interesting when you put out a question like that you always get a large percentage saying "yes" and another large percentage saying "no" and then a bunch of "I don't knows".

Well, I guess I'm a "don't know", but I bet if the question was taken to the highest court of your land and presented to a dozen of judges, your answer would probably be split the same except for no "I don't knows" as they get paid to give a yes or no.

As for, why do people not want you to Blog on them, probably lack of understanding or did you ever think, maybe they have been on a past episode of "America's Most Wanted"

Having been quoted in the paper, or should I say, MIS quoted, I can understand why many people are hesitant. They don't know us, I mean, in all honesty, we are not professional writers. I can imagine some would be very skeptical. Especially those who are not internet savvy. But again, I would be leery of not having my own control over things.

And yes, I would still patronize.

The first place I wanted to write about was a restaurant that I heard everyone raving about. I went, and both my husband and I thought the food was horrible. And, we had ants all over our table, little tiny ants. So, I didn't post anything. Perhaps we were there on a bad night. I just felt it best to walk away from the whole thing. I just didn't want to open that can of worms, or should I say, bag of ants.

Jim, my take on it is that if they don't want you to blog about their business then don't. The important issue isn't so much freedom of speech as much as it is a long term and good relationship. I'd respect their wishes, but then I'd go find several businesses to blog about. I started with my friends and they are all very pleased with what I've written. After you do that, maybe go back to the original guy and show him your work.

The only hesitation I have encountered (yet) is that they wonder if it is going to cost them anything! When they realize they are going to get free advertising they are all over it.

If I did get a no, I would still patronize their business.

Jim, that's strange indeed especially since you've been going there for so long. But you never know what people's motivations are, perhaps he felt he would "owe" you something. In any case...

CONGRATULATIONS on you feature!!!!

Jim -

If I were you I would go back, perhaps make an appointment?, and ask to speak to both the father and the mother, especially since she knows you. It may well be that the father simply doesnt; understand blogging and just said no as a reflex.

I say this because of the 5 local businesses I have profiled, only 1 had any idea of what a blog was or how it worked. As for the term SEO - forget about it!

And of course you should keep going there.

Michael

Maybe he thinks you're going to charge him later. He clearly doesn't understand guerilla marketing or free publicity, or maybe the daughter didn't explain it well.

I would skip it and pick another business.

I would respect the Owners wishes and not Blog. Some people are still leary of all their information positive or not on the internet.

I would not blog if the owner said no. I do not think it matters whether it is positive or negitive.

Since the owner does not want you to promote his business, don't promote it.

You are in the business of developing and maintaining positive relationships. You don't want the owner to say negative things about you such as "I told him not to put me on the internet but he did so anyways. You really cannot trust this person to keep my information confidential".

Why take the chance for someone to say negative things about your reputation when you are trying to promote them?

Freedom of speech is on our side, but don't do anything to get yourself sued.

I would say that they cannot prevent you from doing that but I still believe in permission based marketing. I once went out of my city to buy a Lexus becasue the sales manager two years ago told me that the internet was a fad. I kid you not that he said that. These folks just don't get it, and it is futile to try and convince them.

I would say no, Jim. Why bother, just move on, it's their loss.

I have noticed that cats rule on AR..........my 3 agree!

wow, i would have certainly asked "why" they weren't interested in free publicity. A friend of mine works for a local newspaper and does reviews/photography for all kinds of restaurants and clubs. Sometimes the reviews are even bad, but the business owners are always falling down to get their info included. Most people figure even bad press is good press. I'm really surprised by this. Perhaps the reason lies in how the daughter explained it to him. I donno, that just seems really weird.

if they said no to that, i'd go blog about their nearest competitor honestly. or perhaps email them a copy of a previous blog post you did on another business to let them know it's a GOOD thing....

OMG - I have been thinking about this as I have now ran into this a few times. It is kind of surprising to me. As why they wouldn't want a write up. Often it is because the don't know what it is. I wouldn't write about it if I didn't get an ok. Depending on how the response and the conversation/s I have with the owner/s/representative if I still feel comfortable using the business. Most of the time the answer is still yes. ~Rita

Dear Jim,

I am betting that dear old Dad does not understand about blogging. I bet if you went back and explained that it was positive and could help increase his business and revenue he might change his tune. I would write the positive blog and show it to him and see how he felt about it. Otherwise I think since we still have a right to free speech in America there is nothing he can really do about it. I am NOT a lawyer and I don't play one on TV, so you might want to check with a pro on this. Good luck!!

Betina

Jim, I don't think a lot of businesses have a clue about what blogging actually is. Unless you write something that is not true and therefore possibly libelous, they probably can't stop you, and it sounds unlikely that these guys would ever find out you wrote a post anyway. But I guess I'd have to ask, would I want to blog abpit them if they didn't want the wonderful publicity?

Jim,

From time to time, I have posted something about someone on my blog (not my AR blog) without their knowledge and consent.

In a few days, searching their name will pop as #1 on Google. Then, they are very excited.

If it is very positive, then it's a plus, plus for everyone. However, not every printer can be the best; not every restaurant be be the best etc.

So, there are some risks. I would say if they say no, then leave them alone.

In Ontario, it's against the Code of Ethics to discuss another real estate agent. Otherwise, everyone else would be open season.

Brian

Jim, I can't tell, from reading your blog or the comments the "why" . . . why won't they? Did they give you any reasons? Perhaps the father has a business relationship already established with a real estate agent. Maybe the father thinks if you blogged it might not sit too well with his buddy-buddy?

I'm just guessing . . . inquiring minds want to know ;-0

This is what I did when I approached people:

I showed them my blog and told them what I was doing.
I let them know I am involved in a challenge to write about business for the next 14 days (didn't lie about that)
I let them know that the post will be written with generous backlinks to their site (helps with ranking in google) and would have lots of SEO juicy words.
I have a template with which I interview them and they may refuse to answer any questions they don't want as public knowledge
I write a draft and send it to them for approval

Haven't had anyone say no before we got too far into the process. I am going to make this a weekly feature after the challenge. I will have seven articles to show them (when I ask them to be my weekly feature) so they can make up their mind, yes or no.

You can still write about them but that would be bad form. Try the steps above (if you haven't already) and see if they change their mind.

I would not imagine people dont want free publicity but we have all kinds walk this earth these days. So, I dont even bother trying to figure out.

If the word was NO, I would respect it and go on.

Just because this was a No, doesnt necessarily terminates my business relationship with the person. If this business has been wonderfully pleasant, the No should not have made a difference in his service to you.

I'd just move on.

But if you care enough about the person or business, you might try to find out out. Sometimes people just say No to things they dont know.

This appears to be one of those times where it is easier to ask Forgiveness than Permission !!!!!

You might write your draft, print it, and then share it with them... if they still say no, then I would respect their wishes. In that case, I would not be giving them any of my future business, and I would be writing about their competition.

I would imagine if it was defamatory they might get an injunction to stop you or remove the post, but I'm not sure they could otherwise.

The answer would NO they can't stop you but then why would you want too? Anyone can sue I mean the hot coffee incident taught us all, that. But I can understand some reluctance, I seen a blog about a business here that offered a discount on repairs and when I went there they said they hadn't offered that discount in over a year. I imagine some customers would be disapointed if they went there and found that out.

No Jim, I don't think they can stop you but I wouldn't bother with them. Congrats on the feature!

Can you? I would say yes... should you? maybe not. I'd be curious as to why.

Can't imagine why they wouldn't want free publicity. I'm pretty persistent so I would probably show them how I presented other businesses in my blog. However, the 'resounding NO' would definitely have turned me off. Their loss.

I can't see there being an issue or reason they can come against you with - however I can certainly understand that without knowing you well and exactly what is going to be presented - - - well I might be skeptical too.

Jim, yes you can. They invited the public in, the public can review.

I don't think they can stop you but if they really don't want you to than I would not push the issue.

I'm not surprised, considering my luck. But, Renee gave some good points, as did Margaret. Maybe writing it up first and then showing the owner might be a good way to approach it. Of course, one would have to have the time and info available to do so ahead of time, yes?

Hi Jim. No they can't but they can have a cease and desist letter to you. For me if they ask me not to write about them then I won't. Out of respect for their privacy.

Interesting post. I have wondered the same thing on occasion. I think that blogging sometimes gets a bad rap, so that may be the problem - simply that th eowner doesn't understand the value of blogging.

Hi Jim -- I ran into the same thing yesterday with a local business that I have given a ton of money to over the past five years. I thought it was odd, but I respected this owner's opinion.

Jim, I had a business turn me down...after they had allowed me to take a few photos they changed their mind. I said fine, gave them my card and left. Needless to say they looked up my blogs, saw how I was promoting businesses and called me and asked me to do it....I didn't want to at that point.

I think some people still don't know what blogging is or how it's used......

AUG

Hi, Jim. Well, this post got a response! You may not have gotten your blog but you got alot of comments, which is probably the silver lining in that particular black cloud! I agree with those who thought hat perhaps the owner just didn't understand what blogging is. If you showed him ac opy of what you've written about other small businesses, I'll bet he changes his mind. If not...I'd "move on." His loss!

Hi Jim, I think a lot of people are afraid of exposure through the internet-who knows what a random guy off the street will write about their business or how "you" may manipulate pictures etc. You might have taken a picture of his daughter and put pamela anderson's body on her. With scammers and others a like, it is difficult to trust strangers willing to do a good deed...when it's too good to be true... I hope you find a business and win the challenge. Good luck, Jim!!

AUG

Wow. That was a lot of reading. Thanks to everyone for commenting. I've decided not to blog about the company at the present time. Perhaps sometime in the future. The problem is that I don't really haev any blogs about local businesses right now so it's difficult to show this company what I would do. I still hope to get at least one post in for the local business challenge. I'll have to learn for the future not to patronize all these major chains like Souplantation, On The Border, etc. LOL

AUG

Since you're in real estate and the profession is so susceptible to lawsuits (there's a way to bring business to a halt) Just move on to someone else. Hey, feel free to blog about my business ;-)

I blogged a couple of times for a guy who has fixed my car and replaced my tires for 15 years and between that and a little advice on what to tell his "web designer" to put into his website for SEO, he's gone to the first page of Google searches for his city for lots of search terms like best auto repair and honest tire dealer, etc. He's one happy camper.

Dave Keys

It's not the design, it's the marketing.

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