INSIGHTS: It Takes Two to Twibel – Tips for Avoiding Twitter Defamation

Twitter + libel = Twibel
(thanks to the Poynter Institute for this handy new jargon!)

Anything but “social,” Twibel is the mash-up of defamation law and Twitter that is making headlines due to a court case involving singer/actress Courtney Love.

Love’s January 2014 case was the first in the country to go to trial based on alleged defamation in a tweet, Bloomberg Businessweekreported; Love was sued by her former lawyer, Rhonda Holmes, for a June 2010 tweet in which the rocker accused Ms. Holmes of being “bought off.”

A provision of the Communications Decency Act of 1996, which protected Twitter’s legal liability, is now being called into question because of the case.  According to Bloomberg…

The distinctions courts use to decide whether a statement is libelous—whether it’s presented as fact (potentially libelous) or opinion (usually protected), whether the writer knew the statement to be false—don’t disappear because the writing in question is a tweet rather than an essay.

Love – who alleged that she meant the tweet to be a direct message to her ex-lawyer and deleted it immediately once she realized it was publicly visible won the landmark Twitter libel case on January 24, 2014, when an L.A. jury determined she did not defame her attorney in the tweet.

Avoid Twibel: Build Rapport, Not Rancor

Most likely, your company won’t experience Twibel-phobia if your tweets stay genuine and positive. Sharing knowledge about your industry in 140-character need-to-know nuggets is the building block of a positive social media presence. Attacking people — especially in a medium that never goes away — is just a bad idea.

Here’s what JCPR’s experts say about maintaining peace of mind while still keeping pace with the speed of social media.

1. With great power comes great responsibility

(From Greg Jawski, Managing Director)

Despite the outcome, Ms. Love exposed herself to pricey litigation and bad publicity through a careless tweet. As a public figure, she needs to understand that her online interactions are continually monitored by her fans and critics alike. She has the power to influence her audience with 140 characters, but that clout also subjects her to heightened scrutiny that can tarnish her reputation and the reputation of others.

 2. Protect your reputation

(From Brian Hart, Account Executive)

It is remarkable that a person will say something on Twitter, accessible to anyone with a computer, that he or she would never say in a face-to-face interaction. This phenomenon likely occurs because a computer screen does not evoke the same level of empathy and social decency that a human being does. Companies and individuals must act with extra caution when using social media and other forms of digital communication. There is no distinction between an online reputation and a “real life” reputation. They are one and the same, and it is crucial to protect that reputation from the backlash of an impulsive tweet.

3. Follow FINRA

(From Dana Taormina, Vice President)

“Twas the tweet in the forest that no one saw, with the exception of one or two people.” Quoted in the Los Angeles Times, this quote from Ms. Love couldn’t be more ironic given the fact that the defamed party in question, Rhonda Holmes, filed a lawsuit over the very tweet she claims no one saw. 

As an agency that services highly regulated financial institutions, JCPR’s clients must abide by FINRA’s social media policies. These policies help financial professionals ensure they are providing value to their clients and prospects (while still never ‘pushing product’). FINRA’s compliance-centric rules are a good model for the broader population to use the power of social media in the best, community-oriented spirit for which it is intended.