Home : Blogs : Bonnie Vaughan, CNE : Call The Sisters in Pa

Be Careful What You Write ~ Social Networking Is Becoming A Ripe Plum For Lawsuits !

The Internet and social networking concept is constantly changing. Various venues like Twitter, Facebook, MySpace and Active Rain have grown in leaps and bounds. Hundreds of thousands of users posting millions and millions of words a day.

Some are humorous. Some are trivial. Some are damaging and in some instances are intended to do harm to an individual or business.

The issue of Freedom of Speech is often bandied about and used as justification for saying the most uncomplimentary things. The First Amendment does not protect tabloids when they write scathing stories about public figures. Why would an individual believe they are insulated when the press is not?

People feel that they are stealth and protected behind their keyboards. They post things that are libelous, defaming and potentially destructive to ones livelihood.

They post under the assumption that they are immune to any prosecution or responsibility for their words. They feel because they are not "in a public setting" no one can make them accountable for their words.

Recently two lawsuits have set a precedence which should be reviewed by anyone who is tempted to write a negative review of a person or business.

Horizon Realty Group in Chicago, Ill sued a former tenant for $50,000.00 over her comments on Twitter concerning mold in her apt.

"According to the complaint filed in Cook County court today, Bonnen "maliciously and wrongfully published the false and defamatory Tweet on Twitter, thereby allowing the Tweet to be distributed throughout the world." (source)

Courtney Love was recently sued by a fashion designer for her outrageous rants made on Twitter and My Space.

"According to a libel claim filed by Simorangkir in Los Angeles Superior Court March 26, Love used Twitter to disseminate "an obsessive and delusional crusade" of malicious libel against her. Simorangkir, who's based in Austin, Texas, also claims Love slandered her on MySpace." (source)

Lawsuits resulting from social networking are the new frontier for lawyers. Surely more and more of these suits will crop up when social networking sites are misused by members who lash out provocatively.

When a business or profession is involved, those who can allege potential damage can win hefty awards. Individuals who deliberately attempt to adversely impact another persons professional or personal reputation will find the folly may cost them much more than they bargained for.

_________________________________________________

Bonnie and Jayne Vaughan - Driven and Dedicated Realtors

A Real Estate partnership dedicated to our clients ~ driven by their desires

Lackawanna County and surrounding areas -

Scranton and Clarks Summit, Pennsylvania

VISIT THE SISTERS ON THE WEB

Posted by Bonnie Vaughan, CNE on 11/08/2009 04:44 PM

Comments (186)

defamation, internet lawsuits, libelous comments

Originally posted at: Call The Sisters in Pa: Be Careful What You Write ~ Social Networking Is Becoming A Ripe Plum For Lawsuits !

Post is included in group: Tea Party
Post is included in group: Silent Majority
Post is included in group: Politics And Real Estate
Post is included in group: Fight Socialism: ActiveRain Economic Bailout Group
Post is included in group: Almost Anything Goes

186 Comments on Be Careful What You Write ~ Social Networking Is Becoming A Ripe Plum For Lawsuits !

NOV

You do have to make sure what you write is true and that you can back it up.

It just doesn't make any sense to write vicious things about anyone.

Bonnie, I did a blog a while about social networking and possible legal ramifications and other consequences -http://activerain.com/blogsview/1021991/social-networking-a-double-edged-sword-

I am glad you've done a blog on this topic. It just cannot be emphasized enough.

I've been reading too many comments and blogs here on AR of late that are bordering on impropriety and one possibly violating the National Assoc. of Realtors Ethics Code.

Bonnie, excellent advice. Nothing like having to defend a poor expression of what you meant to say, but did not quite get it right.

Hi, Bonnie. Great topic. The Internet has a very long memory--you may delete an old blog, close a website, leave a company, but it's still out there. I changed company more than a year ago, but I still find old pages with the prior company from time to time. It's important that we watch what we write, it might come back to haunt us.

Very good, thought provoking concept for our new social media interaction.

Bonnie * The Horizion Realty group suit v former tenant probably won't get any $$$ * I suspect the tenant has nothing to pay any $$$ judgement; however, it sends the MESSAGE to their current and future tenants to not do it!!!

I'd like to see if tenants' renter's insurance will cover these damages from a landlord.

Bonnie, While I think our society is way to quick to file lawsuits, sometimes that the only protection one has. I think it's a good practice to write only the things you'd feel comfortable knowing your mother, your children and all your clients would read. After, all they very well may.

Whenever I feel really passionate about anything, if I choose to write it, I draft it. Sleep on it. Read it again. Usually I then delete it without ever posting it because it was angry, stupid or malicious and that is not who I want to be even if I would never be sued.

Bonnie, the internet and social networking and blogging is the Wild Wild West. I have pretty much stopped commenting on the political blogs here. I read them but it is just not worth getting in a debate with folks who send in posts to certain groups.

I learned in real estate school in 1989 that if you are going to say someone is not up to a particular standard to always preface the remark with "in my opinion".

Russ, That is true. It seems that even if your facts are correct you cannot publish in a manner to do harm.

Lani, Sometimes people feel there is nothing anyone can do because they feel it's protected by freedom of speech.

I just wanted to thank whoever flagged this for a feature. I'm really humbled. It took so long to get one and then I get two close together. Thank you.

Renee, A news article caught my attention recently. That prompted me to write this. I know sometimes the temptation to write and submit - overcomes good judgement.

Dave, the written word is much more difficult than the spoken one. You can instantly correct a faux pas when you utter it. Often times an offending comment is made and sits there. It circulates across the country and around the world.

Yolanda, Jayne and I exprerienced the same thing when we changed companies. The Internet is Cradle to Tomb.

Wallace, I wondered how far it would move forward. The tenant still has to retain an attorney to defend themselves. Not a good postion for anyone to be in no matter how justified they feel.

Marian, I know many people who frantically write to vent and get it off their chest. It's therapy. Like you, they save it and sleep on it. Perhaps in the cool light of day it has lost a little import and suddenly looks rather trite.

Hi Bonnie - such sage advice. The written word on the web is indelible.

Hi Bonnie~ Thanks for pointing it out that we need to proceed with caution on the internet. There are many people that would not think twice about suing someone else, especially if they feel they have been wronged.

Hi Bonnie this is such great advice. Thanks for posting it

These days they are saying the same thing about preachers. Even the pulpit is subject to lawsuit now.

Missy, the Wild Wild West is a good description. Many people stay away from posting on some blogs.

Joe that is good advice.

Margaret, hard to believe you can never take it back

Vickie, we are a litigious society. The Internet opens up a whole new feeding frenzy.

Bonnie...

However, there is no libel when publishing the truth. If you have your facts straight and are comfortable with their accuracy, then go for it!

This is some scary stuff Bonnie so I will most likely stick to the positive non libelous stuff;)

Hi Bonnie,

Great point. We all really need to keep this in mind when we comment or blog or fb or twitter and the list goes on and on and on. Thank you for bringing this up.

Bonnie, Hence, a daily lecture to my kids...specifically daughter. It's their media, so they feel like it cannot be penetrated, and your post is just more proof of how this part of "social" becomes very unsociable!

Thanks for the blogg Bonnie. I was just going to write on my Facebook, about the disastrous experience that I had with my local Apple store. They usually do provide a wonderful service, but the last two times, OMG. I guess I'm going to let it go.

James, thank you for commenting

Cheri, It's like our world is upside down.

Richard, I agree with that. It's the editorial license that gets people in trouble.

Barb, Hope the weather does not get us in trouble. It really has to do with saying nasty things as attention getters.

This is great advice Bonnie. We need to keep this in mind when blogging and be sure we post good content.

Kim, sometimes we let passion rule our heads. We do need to be more careful and remember 10 years from now our kids could be reading it.

Jane, our kids are so vulnerable and have no idea that words are a weapon. That's why they say the pen is mightier than the sword.

Shirin, I imagine you could still write it, but tone it down. Just the facts Mame as Joe Friday would say. It's when you become emotional and nasty that it becomes distasteful. Just post how disappointed you were on your last visit. If it's factual you are allowed to give a reference as long as it's not libelous.

Rolanda, As Richard said earlier if we have our facts straight we are ok. It's when we begin to personalize it and attempt to do harm that we are open.

People say all kinds of things on the internet that they would never say in person. As long as you tell the truth, you should be OK.

Bonnie, thanks for the reminder! It's important we don't write to hurt others.

No one seems to be listening, but I have also warned that if you list your properties on Facebook, Twitter, etc. you had better keep an eye on the comments that appear. I saw a posting that was perfectly property, but the comments below it got into racial issues, profiling of the area, and other no-nos. I told the agent and he pulled him since he is the only one that can. Also, in our state due to the lawsuit settlement concerning VOWs our contracts allow sellers to opt-out of having their listings appear on sites where people can leave comments about the homes. If you put yours on FaceBook and allow any comments, you could be in breach of your listing agreement. Just some food for thought.

You may be acting well within the law and your responsibilities when you post, but due to its social nature, a site like FaceBook allows others to participate who may not know the law or be so nice about what they say. So, monitor the comment so on your posts and listings. Someone could say that as the author of your page there you control the comments that appear (which is true) and that you have a duty to delete those that discrimate or break fair housing laws.

I think i will just stick to silent sundays from now on!

I liked this post. It makes me think.

I wonder if it is a learned behavior to make negative comments rather than just to try to get along. I too have a tendency to want to publicly ridicule or blame someone I feel has wronged me. Most of the time the feeling is only momentary. Is that necessary? I don't think it is. Bad Karma, I think.

Whether iwhat you say/print about another is true or not, does it serve a positive purpose to publicly deride or mock one's fellow man or woman? Maybe better it would be to take a deep breath, count to 10 (or in some cases 20) and determine if what good, if any, can come of the arguement.

There are times when a public flogging serves a purpose, such as a warning to others, or a good political debate (I remember a time when that was popular). In those cases I think it is wise to choose your words very carefully if you must speak at all.

Just my viewpoint at the moment. It might change by breakfast time.

Nice post, Bonnie.

Thanks for the reminder. I try to keep my post informational and light hearted.

fortunately truth remains a valid defense to lawsuits such as these.

Bonnie - excellent topic! I hope, they will qualify these lawsuits as frivolous.

Couple of very important lessons:

1. Everyone should be responsible for what we are writing and publishing

2. Businessess should design and implement the social reputation management strategies

A very imformative post.

Bonnie- I saw that story also and it woke me up, there are plenty of loons out there with time on their hands.

Hi Bonnie.

Good post. In Florida we are transaction brokers while the first example is between a brokerage and a tenant and the second example is between a "celebrity" and a fashion designer.

John in comment #44 brings up a good point about listings and VOWs. In our listing agreements the seller agrees to allow for blog posts etc. They know this and if they do not agree to it they do not sign. Brokers differ in how they handle this. Yes we should all be careful but not to the point of being paranoid.

~ Lana

I can understand a lawsuit that is truly damaging, especially one that is in a venue like one of our posts. But the Twitter comment on the mold in Chicago seems to be not much different in actual context than saying the same thing in the refreshment line at church, or the checkout line at the supermarket or the ....rest of the places we say stupid things that rarely reach the level of libeling some large company.

Bonnie - very informative post. We all do need to remember that everything on the internet lasts forever. Some of the comments here are very good also, especially John in #44. I had never given that any thought before reading your post and I post all of my listings on social networks. Haven't had a problem so far but I guess I do need to be careful. And Lana's comment in #52 is a very good idea. I think I may start using it.

Bonnie - I agree with your points here, but Horizon Realty is now being used in social media classes as a prime example of how not to respond when someone complains about your company.

I have a guy in Dripping Springs who has been slandering me; I may have to look into this. Or maybe I'll just laugh it off!

I'm warning younger people of this. They think it is funny to post pictures on my space or facebook that seem appropriate to their age now, and some posts show their immaturity. Those posts will remain in cyber space even if you delete them.

Adults need to worry about slander. I'm sure cyber attorneys will start popping up like weeds in the yard over the next few years.

NOV

Bonnie - People also need to be careful regarding what they write in e-mails since e-mails can also be used in lawsuits.

You can't be too careful! I am always a little nervous before I hit the enter button! :)

I find I am too busy working to pursue issues with these "loons." However, I recently had someone call me a RealTwhore (his spelling) which really freaked me out - because I supported a different issue on a recent election. Maybe I should get a lawyer?

Legal reminded us at our last quarterly meeting that we should be aware of the consequences of what we post on our blogs. Blog smart.

Well I guess I can be glad I am a poke when it comes to the keyboard so I can think out some of my thoughts before I put them in cyber ink. Yes once the send button is clicked there is no return. Especially when I join rainmaker and my thoughts go even further...wow first reason I should not become an rainmaker... My words will go to far! LOL

It is the same now as it was 50 years ago. Don't write anything you would not want on the front page of the morning paper. And posting a blog is like being on the front page of the morning paper. Excellent advice, Bonnie. John does in #44 bring up a good point as well in our area. With data feeds and such, it would be almost impossible to find everywhere the data goes and monitor the comments.

Bonnie, you are right. And honestly, people should not be writing wrong, lying recounts of things. We must monitor comments, yes, on our own pages, but many times if you are writing often, as Dick wrote just above me, then we are not the "author" on that page, and therefore do not have access to remove...but those are issues for another day...great post and great reminder. Thank you!

Bonnie:

This is an excellent reminder of the fact that words have power and we need to be responsible in our use of them. Contrary to the notion of being hidden behind a keyboard, we are actually putting ourselves out onto a permanent record for all to see. There needs to be a sense of responsibility that goes along with this.

I have to agree with Joe.. I always use "In my opinion" never..."I think"

nor do I use "YOU SAID" ...I use ..."I undertood you too say"

of course these always work when fighting with you spouse also

Bonnie,

Even with good intentions things can be misconstrued. We have to be vigilant in our efforts with blogging. Thanks for the reminder.

I try to imagine myself in a courtroom saying what I am writing and/or saying right now and if it would be hard to explain then I should probably not say/write it....

Wayne, I agree that using the computer seems to empower people to make statements they would be afraid to make in person. That is what creates the problem.

Anthony, There are times when folks write and think later. Also, the written word lacks tone. We have nuances in our language that change the meaning of a word by the emphasis we put on it.

John, You bring up an excellent point. Should those comments remain without monitoring by the author it may appear the author condones them. We cannot just post it and forget it.

Thanks for making that point.

Lise, I imagine that would be fairly safe.

Cliff, thanks for the contribution. I think you are right. When we are wronged by a large corporation we feel powerless. The ability to "flog" them as you say publically, seems like a right and the only way to make them sit up and take notice. In many instances posts on Twitter have gotten a problem resolved for a consumer.

I believe we can use statements that voice our dissatisfaction, providing they are true, as long as we do so without malice or emotion. The problem comes when the statement of fact gets lost in an emotional rant.

I've seen people remark about a bad experience in Walmart. 100 people trying to check out and 6 registers open at 8pm at night. That is a statement of fact, not designed to hurt the company. Like completing a customer comment card.

We need to learn to express ourselves without attacking.

Thanks Bonnie. Its sad that people are using social media in such a way.

Kelly, Good idea. When the temptation exists to be critical we all have to give it a second thought.

We have to be mindful of what we blog about.

Bonnie- Very nice post. This will become even more important in the next few years.

If you wouldn't say it to their face, in front of your mother, don't write it in your blog!

Jim, As Richard pointed out earlier - the truth must be present. It does not insulate you from a lawsuit. If you are posting about a large corporation expect they can use the intimidation of a lawsuit to make you back down.

Svetlana, I agree some cases are frivolous. In the case of Courtney Love and her comments about a designer - that can be enough to ruin a business.

We are responsible for what we write, perhaps more so than what we say. The written word exists on the Internet from Cradle to Tomb.

Lane - thanks for commenting

Larry, you are correct. I have seen some really looney posts out there. I've often wondered how those people function in the real world.

Lana, That's interesting that your listing agreement covers blogs. In Pa ours do not. But Pa is usually behind the curve to begin with.

We have to monitor whatever we post on the net to be sure the content is acceptable.

Jim, I agree you could have made that comment in a checkout line. If you did it would be gone within seconds. The Twitter remark is there forever. It may be doubtful that Horizon can win that suit, but they made their point nationally by filing it. We are all looking at it and making note.

If you can't afford an attorney to represent you in a lawsuit, it's best to avoid the situation that might put you there.

Lori, That's why Active Rain is a great resource for all of us. So many great articles make us think about things that only capture the peripheral of our attention. Hearing about the Horizon suit might go in one ear and out the other. Pondering what brought it about makes us look at our own vulnerability.

It still amazes me what some people post on-line - both words and photos. I am good at putting my foot in my mouth at times, but I am always careful (or try to be) with what I am putting out for everyone to see and read.

Jason, I was not aware that Horizon was being used as an example. I thought it was over kill when I heard it, but some companies like to use the sledge hammer approach.

I've heard of other major companies that responded in a positive fashion and resolved a problem. In turn they get kuddos for satisfying their customer.

It is frustrating dealing with layers in a company trying to get a problem resolved. Most people get frustrated and walk away. Getting to the right person is sometimes difficult. Social media seems to cut the red tape. Again, being factual and unemotional is the best course to take.

Aaron, send him a copy of the link to the lawsuit. Sometimes just a letter from an attorney brings a person up short.

Good reminder that everyone is listening!

I'm a real estate agent. If I get sued - I plan on paying them off with my debt. I hope they take it.

Melissa. Cyber attorneys - you are right. A new area to specialize in. Kids are very naive about what they are doing. Look at those teenage fight videos they put out there. They convict themselves of a crime by doing that.

We all have to be careful about what we post, but not fearful.

Marc, that is also an excellent point. I have used them myself to document a timeline in a transaction. They are admissable in court.

Barbara, check and re-check should be something we all practice.

Bonnie - as you said:

Lawsuits resulting from social networking are the new frontier for lawyers.

Truer words never spoken!

Michelle, I think I would have been upset about that comment too. Since it was a political issue we can expect some people to be very uncivilized. Usually when they are unable to support their position they resort to name calling. We see it on AR all the time.

Sabrina, seems like you have access to timely training. No one in my area even considers this to be a problem.

All of the social networking sites have rules of conduct which users are supposed to READ and AGREE to before signing up. The people who are being sued, apparently didn't take the time to do this. Alsthough I am not a lawyer, common sense prevails. If you write something factual that is untrue - you could be sued for your slanderous or libelous comments.

I don't know if all of the facts that were reported on Fox News were complete and accurate regarding the tenant dispute with her landlord in Illinois. Maybe the tenant had an issue that wasn't being resolved. Maybe she was being malicious. Either way, she now has to defend herself, not only in a court of law with her accuser, but also in the public court called the media frenzy (i.e. all the news that is not fit to print.)

Mark, being a RainMaker is a business builder. You can use it to your advantage. Some however use it to the disadvantage of others. The message here is to edit your words carefully and any comments on your blog. If you do - you will find being a RainMaker enhances and promotes you on the Web.

Dick and Dixie - Seems my mom told me to be careful what you put in writing. Never put anything on paper you would not want the whole world to read. Sage advice applies even today.

Marney, We should practice temperance with our written word.

Claudette. Our words are like an epitaph on a tomb stone. Etched in stone forever more.

Dana, I had to laugh. Works with your spouse as well. Is that collaborative negotiation?

Brenda. Point taken. Those who have limited writing skills are at a disadvantage. They tend to short cut and "blurt" out in writing incomplete thoughts that indeed can be misconstrued.

Vanessa, that is a great point. Imagine you had to stand before a judge and explain what you really wanted to say. Better you edit your words beforehand and avoid a palm sweating situation.

Joyce, there are always some who will abuse a good thing.

Kathy, being truthful and having the backup is critical.

Life is too short and there is enough business out there for everyone who wants to work for it to viciously attack a competitor. Most people who want to do business with you want to know what you do right rather than what your competitor does wrong.

thanks for the heads up though.

Kevin, Thank you for commenting. This will be then new legal hot button.

Tim, I agree. Would you say the same thing in public or on the witness stand.

Suzanne, I think we all have a tendency for "foot in mouth" syndrome. We have to be more mindful that a written faux pas never dies.

Gary and April. Thanks for commenting. Some listen but do not hear. We have to learn to be more vigilant about what we say and how we say it.

Gregory, I hear ya. Can't get blood out of stone. Avoidance is a good practice.

Mike, Cyberspace will be the new cash cow.

Re#97 sorry don't know your name. The cost of defending oneself often exceeds the value of the dispute. Being truthful is critical to prevailing.

Mark, the public via polls tell us over and over again they do not like negative ads or statements. They are fact driven. You bring up a good point.

Great blog! Makes me wonder if we are headed down the rat hole where you will also have to be careful if you give a POSITIVE testimonial. Will bloggers etc. need to follow the employment reference model soon?

Employers now default to simply confirming dates worked and compensation (if they even do that anymore) because giving a good reference to an employee who performs poorly at the new job leaves the old employer open to lawsuit, or giving a bad reference opens you to a lawsuit from the employee.

Barb

ok Capital Fidelity - Is that your Taxi?

Barb, interesting point on testimonials. Now the trend is to video them an post them on the web. Maybe we will be relegated to just "closed".

Bonnie,

This goes back to the old adage... "if you don't have something GOOD to say about someone..." keep your typing fingers tied!

Kathy Opatka

Bonnie -- Good reminder that it's very easy to voice your comment on a keyboard as opposed to being face to face. Once that comment or blog gets posted and propragated, it could live on and on and perhaps never go away. Think before you send -- and that goes for emails, too.

Yes, I think we will start to see a lot more of this problem. I went through my "crazy lady" experience over the last year and it was horrible.

Kathy, I agree. Keeping a reign on emotions is important

Barbara, the email communication is also an important reminder. We tend to forget about that.

Bonnie--we can never be reminded too oftern. And John #44, thanks for bringing up Facebook comments--I hadn't even thought about those!

Tina, I'm sorry you had a bad experience. It is so frustrating when you are dealing with people who are not rationale.

Lottie, one great thing about the Rain - it refreshes our thought process. I'm grateful for #44 adding to our discussion. We share and learn.

Bonnie,

The Internet is the great equalizer. Jeff Jarvis proved this with his blog posts discussing Dell's lack of customer service and product deficiencies and actually changed the way that company and others do business...for the better. If the complaint has merit, then people should be able to express their opinions without fear of being sued. If they are being unreasonable and simply blowing off steam, they should absolutely be held accountable for untrue remarks. I don't think many people realize the footprint that they leave when commenting on a blog or publishing remarks on social media. They are traceable, so even if one hides behind anonymity, they can still be subject to prosecution if their remarks are threatening or libelous. The debate should be interesting as it unfolds.

Thanks for the great reminder. Just the other day I informed an old freind who tore her just fired manager apart on Facebook that she needed to remove the post. She thought it was okay since she didn't mention her by name but anyone who does business with the company or knows them saw the post. This is a small local company so most friends are clients, while they may have enjoyed the rant the damage was done. I think the key word in this Social Networking is SOCIAL, it's not free-for-all networking. Take care and have a great day/

Bonnie - congrats on the feature.

A few thoughts on the subject. I am surprised by the overal reaction of most commenters here to the lawsuits mentioned in the post, and the lessons we derive from those. In the case of Horizon - if there was indeed mold in the unit - it was a very stupid thing to have done to sue, instead of fixing the problem. Truth, as VERY few people on here mentioned, is a defence against libel suits in the overwhelming majority of cases.

Discussing anything that can be considered to be in the general public interest WILL NOT get you in legal trouble, however hiding behind "in my opinion and I think" when the overal intent of the written statement is malicious - can result in a lawsuit against you.

Please, keep in mind, that while libel laws were put into place to protect reutations, much emphasis has been given in recent decades to ensuring the our (and journalists') rights to speak freely are not infringed on.

The First Amendment right, in my opinion, has never been about our ability to LIE with Malice. That's what libel laws protect people from (or rather compensate them for having suffered). It's not about only saying nice things, and having your tail between your legs. :-)

Lastly, the level of emotion in any written statment will neither save you nor hurt you when it comes to libel. You can be as emotional as you please (some of the best written stories out there are), just so long as you do not publish something that is false with the intent to harm.

I did a very uncomplimentary post last Christmas about a very well known toy manufacturer (Gantz - Webkinz) regarding their practices of terminating kids' accounts on Christmas. It got thousands of reads on a variety of sites. I assure you it was VERY emotional (I was pretty mad), but since what I state was true they could NOT have suied me. (and won). So, they called me to see what they could do to change their practices...

Point is - by all means, speak your minds; it's the only thing we've got to affect change. :-)

Great ideas that I haven't given much thought too...congrats on the well deserved feature.

I think people that lie and do malicious damage should be held to account. My fear is that legitimate issues and criticism will be muzzled by the threat of a suit.

This kind of reminds me of what my mother used to say to me and my 4 brothers, "If you don't have something nice to say, then shutup!" or something like that. :-))

Libel is pretty clearly defined in the law. Only the most boorish amateur commits such a foolish transgression. There are so many forms of expression that are within the law, from satire to rhetorical questions that probably do far more to disadvantage an opponent, aren't there? Gene R. (comment 132) expressed fear that legit speech could be muzzled- I think perhaps not. Only the outright screaming of "FIRE!" in a crowded theater or statements that Realtor Smith (sorry any real Mr. Smiths) is maintaining marriages in 5 states (and then it could be allowed if it's satirical) are verboten. Now on to that Capital Fidelity comment. You weren't flying around Minneapolis with your laptop were you? Just askin' Couldn't be...

hey stan

This is absolutely true. People make the mistake of thinking that things on the internet (including our AR Comments) are private. They aren't. Just remember that anything you type into your computer and release in a "private" email may potentially be seen by the rest of the world. It sort of reinforces the concept "play nice." But some people don't get it.

Just remember the old saying "If you can't say anything nice, don't say anything at all."

A good reminder for all of us to be kind and take the higher road even when we are really mad.

I will try to keep myself in check.

Bonnie, thanks for reminding us. I sometimes write articles that are constructive criticism about our industry, but I would never write something disparaging about another individual or company.

Good advice to keep in mind. Thanks for reminding us!

Hi Bonnie...Thanks for the heads up advise.

Jerry Gray CRB,CRS,GRI / Prudential Carolinas Realty / Winston Salem, NC

Bonnie,

you are dedicated, i cant believe how many responses you write.

Great Post and congrats on the feature!

Anita, You are correct and I have been saying that all along. In #27 Richard pointed out that if we are factual and truthful it is unlikely anyone can dispute us. I am aware that several people were able to resolve their problems by going public with their dissatisfaction.

The media is there for us to use, but use it wisely and judiciously. If we rant and threaten we lose our position and simply tick off the company.

Major corporations know the power of the Internet. If you handle your case in a professional manner you will get a professional response. Like begets like.

Gary, you gave excellent advice. That is exactly the kind of rant that can have unpleasant repercussions for the person making the post. As tempted as we are to lash out and get even verbally, it could back lash instead.

Inna - thank you for the compliment. As usual you bring some very pertinent points to the table.

From your post you said:

"Discussing anything that can be considered to be in the general public interest WILL NOT get you in legal trouble, however hiding behind "in my opinion and I think" when the overal intent of the written statement is malicious - can result in a lawsuit against you."

Inna, Richard in #27 reminded that a complaint based on fact is not the one that gets you into trouble. Over embellishing or adding details to make it worse than fact, can slant the end result.

From your comment" "Lastly, the level of emotion in any written statment will neither save you nor hurt you when it comes to libel. You can be as emotional as you please (some of the best written stories out there are), just so long as you do not publish something that is false with the intent to harm."

Using emotion to further drive home your point is acceptable. ie "My child was so devastated and dissapointed" "She was in tears when we left your store". "I could barely console her." "As as mother is tore at my heart strings".

(I can't do it as well as you but you get what I'm trying to say) Using emotion in that manner is fine. Everyone can relate to it. Using emotion to rip a person or business apart just as a pure rant, might close the ears of the very person you are trying to convince.

I'm glad you got your problem resolved with the toy manufacturer. Being able to appeal to them in a cohesive manner, even if you are angry can move mountains. If the facts are on your side by all means proceed.

The other case with Courtney Love was a rant without foundation based on anger. That is an entirely different issue. If she was unhappy with the services of the designer she could have stated how upset she was when the garment did not fit properly or that she had ruined some red carpet event for her. That would certainly be permissible.

Inna, the way you approach a complaint is much different from others. Your thoughts and position are well organized and clearly stated. Others just go off half cocked and spew accustations at companies not realizing that is not the way to get action. That's were the liability exists.

Tim, thank you. Many of us have not given much thought to the impact of social networking. I personally do not use Twitter or Facebook that way, but I have seen some incredible rants out there.

I'm a certified letter writer. I like to put my case in writing and address the President of the company. Maybe a little old fashioned, but if you put it in the right hands and go to the trouble of making sure you have a signature for receipt, believe me they take notice.

Gene, as many posters have stated out here - the truth will prevail. If you have the facts to back up your statement by all means write about it.

It's when you turn stubbing your toe into a life altering experience, and blame the store for all manner of negligence that did not exist that you open yourself up.

Brad, isn't it amazing what our mothers used to tell us? Long before social networking. Perhaps going back to basics instead of forging blindly into cyberspace is a lesson we could all learn.

Well, if they ever figure out how to go after Craigslist posters, there will be a field day. The slanderous words written there are non stop.

Pretty soon we won't be able to tell a friend that we ate at a certain establishment and the food was horrible or worse yet, we'll be prohibited from cracking ex-wife and ex-mother in law jokes.

What's this world coming to?

I really don't worry about this. Basic common sense goes a long way towards avoiding and preventing unfavorable online situations.

As with anytinmg one writes, "Be impeccable with your word" Don't even joke about stuff online. A teenager did on FB about drugs and caused an uproar, even though everyone who knew her knew that she didn;t do drugs....

My mom always said if you can't say something nice don't say anything. THe same could be said here.

Kathy

Dave, Fact is not libelous - we do agree on that.

Glad to see you have a sense of humor. Glad those two pilots have more time to devote to Facebook now.

Marian, we all need to be more careful not only with what we say but how we say it.

Jerri, Thanks for commenting. We are all reminded of that old rule.

Gary, A little constructive criticism is necessary sometimes to keep our industry in check.

Catherine, Thank you

Gerry, Thanks for commenting. You are welcome.

JP, I try to keep on top of them. Not always easy. If someone is thoughtful enough to comment I like to respond.

Russell, you are right. I had not thought about the restaurant critique. I have not looked at Craigs list recently. I've found enough loose screws on Facebook.

John, You practice self control. Many people do not and feel safe saying outrageous things from a keyboard.

Jennifer, Young people are really leaving themselves wide open for some unpleasant dose of reality.

Kathy, Old sage advice is always the best.

Bonnie

I would like to think that if we wrote the truth with facts to back them up that we would be safe. To attack or try to hurt someone's character should not be tolerated...........I exclude poloticians as long as it is not directed at them in a personal nature but rather on their positions or views on issues.

Thanks for your post.

Thor, The concensus is that truth and facts are ok. Personal feelings might cross the line as they cannot be supported. Thanks for commenting.

Bonnie,

You are so right, people need to be careful. But, it is a sad day in America when "free speech" is squelched out of fear. I serverd 20 years in the military, I think I've earned the right to express my opinion. Having said that however, I am not interested in slandering anybody. It's ashame that there are people out there that are just waiting to file lawsuits against others. The energy they waste doing this could be channeled into something more constructive. I think I will try to target my blogs to real estate related subjects and the real estate industry in general.

Lloyd, Thanks for commenting. It's ok to post other things we just have to be careful about how we say it. Cyberspace is the next frontier.

I truly believe if you want to share some information with others over social media, you may be ready that millions of people will see it, and you may not be able to take your words back.

Yes the points are very valid. I'd write a lot more blogs, but I'm worried about the very issues that you mention.

NOV

Bonnie, this is a wonderful topic to blog about...I enjoyed reading it as well as the responses! :)

Leilani

Lena, Excellent point. Millions will be able to read it - forever.

Mike, If we stay factual and have reliable sources we should be ok.

Leilani, I appreciate your compliment. It is something we need to be watchful for, but I do not believe we should be fearful - just careful.

What an excellent post on social media, free speech and common sense.

Ellen, Thank you. I appreciate your commenting.

So true Bonnie! Thanks for you post and reminders.

Bonnie, I agree that you need to be careful what you post on the Internet, even if it's something that wouldn't get you sued. Once it's out there, it could be out there forever.

David, that's true. It's always good advice to monitor what you say.

NOV

Very true Bonnie. I think that if we are reasonable...then we should be fine.

Great posts and great comments. Comment #44 was an eye opener. I had not considered comments written on a listing you posts on Facebook, or other social networks, and an oportunity for a lawsuit. I am a Trainer now, and don't list or sell real estate anymore... but will certainly share these thoughts with my trainees. Thanks for the info.

NOV

Good advice. You just never know where the info is going. A recent case on facebook had a police investigation and the person on facebook had it set to only allow friends but the police saw the friends list and there was a retired officer that was a friend so they got to him to access the facebook page, although they probably could get it anyway, I suppose. Its good if it catches the bad guys but how about us Good guys?

Mark, being prudent is the best way to approach whatever we write.

Jinx, being a trainer you access people new to the business. It's good to give them illiustrations of what can get them into trouble.

Dan, Amazing the way authorities have to access our information. If it caught a bad guy I guess it turned out ok.

NOV

I try to write as if my Mother is always reading (which she usually is). That keeps me in line!

NOV

There was a piece in the Austin American Stateman newspaper about local celebrities' way excessive water use when we were in a drought. I thought about commenting about this on my GREEN blog but my office manager said- why? That is true, why? These same water wasters, on the other hand, have done things for our local community and local environment that are good. Better to find and reference the GOOD things, even if the bad things are true. Better to concentrate on the good, educate than spread news of bad deeds.

Betty, I can see the wisdom in your brokers words. Even truth needs to be tempered with restraint sometimes.

Talk about the positive - let someone else have the negative side.

Thanks for commenting.

Leave a response…

Name:

Email:
(optional)

Comment:

What does the graphic say?