Online libel, slander and your reputation
As more and more people express their pleasure, frustration or anger at our products and services online, more and more of us are going to find ourselves wondering about the difference between legitimate criticism and defamation.
You may well find yourself dealing, at some point, with an vengeful individual who has made it his/her business to tell the world that you’re a cowboy and should be avoided like the plague. Negative criticism like that can seriously damage your reputation, there’s no doubt about it.
So where does the line fall between someone’s right to express their opinion and defamation?
Let’s make some distinctions first.
The Electronic Frontier Foundation defines defamation as “a false and unprivileged statement of fact that is harmful to someone’s reputation, and published ‘with fault’, meaning as a result of negligence or malice.” Slander is spoken defamation, libel is written defamation.
In plain Inglish, defamation against you is: A false statement, presented as fact either deliberately intended to harm your reputation or as the result of negligence.
Three things have to be proved to win a day-to-day defamation claim:
1) The statement was published to at least one other person apart from you
2) The false-ness of the statement
3) That it is understood a) to concern the you and b) intended to harm you
However, if you happen to be a public figure, you have to go a step further and prove actual malice.
So there you go. If you find someone saying nasty things about your business on their blog, measure it against those guidelines. If you think you’ve been defamed, it’s going to cost you time and money to prove it.
So far as online reputation management is concerned it’s pretty much academic whether or not you win a defamation case a year later because the damage is already done. By the time you emerge victorious from the High Court it will be history and the only person who will care about it will be you.
The lesson here is that you’ve got to keep in mind that online reputation management isn’t about proving ‘the truth’ to anyone. It’s about hearing what’s really being said, assessing the threats and opportunities that arise – and most importantly, responding in a way that builds your reputation instead of damaging it further.
By all means take it to court but first, take it to an online reputation expert to help you chart a course through the difficult time ahead.
Blog comment spam – what does it look like?
Blog Comment Spam. What it looks like and how it works (a Plain Inglish Guide)
In plain English, blog comment spam is when people visit your site and comment on a post in the hope that your readers will click on the link in their name, visit their site and click on those Google AdSense ads you’ll inevitably encounter there. This will earn them a couple of cents. Not much – but if they have enough sites doing the same thing, this can create a substantial revenue. The fact that it fills the internet with more garbage doesn’t interest them.
So how does it work? The spammer monitors keywords relevant to the ads he is hosting. His software alerts them whenever those keywords have been used. In the case of mattresskings.info (above) the keyword was ‘mattress’ – and I used it in the title of a post I published recently on www.enterprisecafe.tv.
When they pick up a mention of their keyword, they then visit your site (either in person or via a ‘bot – I don’t know the technology involved) and leave a comment.
You can usually tell a spam comment because it tries to sound interested and human – but in a really naff and non-specific kind of way. “Great post, I’ll definitely visit here again – look forward to hearing more of your experiences about this topic” is a good example.
The hope is that you’ll be either be naiive, flattered or careless enough to allow this comment to be published on your blog. Why? Because the commenter’s name is a link back to their site with it’s AdSense ads waiting for your clicks.
Click here to visit this spammers ’site’. Click on the picture (above) to see the components of a typically spammy site.
First thing you’ll see is that the Google ads that earn the spammer his living are always near the top. Google ads means ‘this site is about making me money’. The nearer the top they are, the more about ‘making me money’ the site is.
Secondly, the site doesn’t represent anyone, anywhere – and it isn’t selling anything (except your clicks to the advertising network.)
Thirdly, the copy is clearly junk – lifted from any and everywhere online. It’s not meant to make sense, just so long as it has the spammer’s keyword in it.
And finally, it has an endless list of links to internal pages filled with more crap designed to spam Google and get the site found in the search engine results for the keyword ‘mattress’.
So the quick and simple way to decide whether a comment on your blog is spam or not is to click on the author’s link (before you approve it) and take a quick scan of their site.
Remember: vague comment, AdSense ads on their site, not selling anything and crap content = SPAM.