Lucy - BQ Magazine EditorIt isn’t nice when people publicly say horrible things about your business. If it’s just an opinion, it doesn’t carry any weight, and it’s usually best to ignore it (although some brands do choose to playfully snap back). If someone has an honest criticism based on facts, then a swift public apology is the best solution.
But what if someone makes dishonest criticisms about your business while claiming them to be facts? This is known as ‘defamation’ and you do not have to ignore it or apologise. You may be able to respond by taking legal action to compensate you for any damage.
This post explains more about what classes are defamation and how you can protect your business against it.
What are some examples of defamation?
Defamation can take two forms: ‘slander’ and ‘libel’. Slander is any false statement in spoken form, while libel is a false statement in written form.
Slander could include a rival restaurant owner telling their customers face-to-face that your restaurant has rats in its kitchen or serves out-of-date food. If this puts customers off from eating at your restaurant, you could have a defamation case on your hands.
Libel could include a customer writing a negative online review of your restaurant in which they falsely claim you hurled abuse at them while dining or served them raw chicken. You may similarly be able to take legal action if you have evidence that this review is a lie.
Of course, this is just an example of defamation against a restaurant. Any type of business can be a victim of defamation from a web design agency to a plumbing business.
How can I protect my business from defamation?
There are a few steps you can take to protect your business from defamation.
Monitor online discourse surrounding your business
Reacting fast to defamation can reduce the damage. Libel in the form of online written criticism is the most common form of defamation nowadays. Make sure to regularly check online reviews and to regularly search your company name on social media and search engines to spot any negative results. This post at Sprout Social explains more about how to monitor your online reputation.
Record evidence of your good service
To prove that defamatory statements are false, you may need to provide some hard evidence. This requires constantly recording evidence of your good service. A few examples of this include taking photos of parcels and getting a signature when delivering them, installing CCTV in your premises to record customer interactions, recording phone calls with customers, and frequently undertaking customer satisfaction surveys.
Watch what you say and how you say it
Your words could be twisted and used against you, so avoid saying anything that could be misinterpreted as derogatory. Some customers may take playful banter or sarcasm the wrong way. Unless it’s a loyal customer who you have a good relationship with, try to stay direct and say what you mean.
Know when to get legal support
There are many law firms out there such as RCR Lawyers that are willing to take on commercial defamation cases. Getting professional legal support could help you win your case against the person who made the remark – and it could help you earn some compensation to pay for any damage.
Take out insurance
Of course, while hiring a lawyer can help you win back some compensation, you may have to pay upfront for legal fees. By taking out professional indemnity insurance, you can ensure that the cost of legally defending yourself is covered. This insurance also covers you in situations where you truly are in the wrong, helping to pay out any lawsuits made by customers against you.
Conclusion
Defamation can come in verbal or written form. You can protect your business against it by monitoring online activity, watching what you say, recording evidence of your good work, pursuing legal defence when necessary and insuring your business.