Using the internet, companies can reach prospective customers and investors around the world, vastly expanding the market for their goods and services. Just as easily, disgruntled employees, unhappy investors, dissatisfied customers and underhanded competitors can post damaging, defamatory remarks. What’s the best tactic for responding to online critics?
When criticisms made online (or in any other media) are false and injurious to a company’s reputation, the target may be entitled to sue the critic for defamation. In order to maintain a suit for defamation, a plaintiff must prove that the defendant "published" (i.e., communicated to a third party) a false statement of "fact" (as opposed to one of mere "opinion") that damaged the plaintiff’s reputation. When an online critic posts a statement that satisfies all of those criteria, he/she may be liable for resulting damage to the company’s profitability and goodwill.
