Top Tips When Targeted by Trolls: or…'Getting Bad Stuff Off the Internet'

With online social media platforms and forums playing an increasingly significant role in shaping the public's perception, it is of paramount importance that you know how to protect your online reputation - both proactively and reactively.

Get Pro-Active

Regular monitoring of your business' reputation will enable you to react quickly if a situation does arise.  A relatively easy way to do this is to set up an online search alert that notifies you by e-mail when something is published online that mentions your business by name.

Negative Comments

If you become aware of a potentially damaging comment or post about your business then there may be a number of options available, but the key is to act quickly to minimise any damage being caused.

You should also consider whether taking any action is the best thing to do.  Sometimes online comments are so obviously biased or nonsensical that people are unlikely to take them seriously and so any potential damage is likely to be minimal.  Reacting to or engaging with comments of this kind could legitimise them, lead to further negative comments and generate additional unwanted publicity.  If you do want to take action, possible options include:

• Contacting the author of the comment - it may be possible to ask the author to remove the comment if you can explain why it is untrue or unfounded or, if they have a legitimate concern, invite them to raise this with you offline.  However this step should not be taken lightly.  Contacting the author - particularly in an open forum - can often be the reaction they want.  If you do want to contact the author you should do so by a private (i.e. not open) method, and should assume that any correspondence from you could be published or shared with others.

• Contact the website owner / host or social media platform - if the post infringes their terms and conditions of use it may be taken down, although this will be balanced against the author's right of free speech. 

• Considering legal action - for example in defamation, harassment or for an infringement of privacy/data protection or intellectual property rights. 

  You may find that online posts target individual stakeholders members or employees.  If this is the case then it may be more appropriate for any action to be taken by the individuals concerned, particularly if the issues relate to privacy or data protection breaches.  You will then need to consider the extent to which your business needs - or wants - to support such claims.

Rogue Websites

Sadly, we are aware of a number of rogue websites that have been set up to confuse members of the public. If you become aware of a rogue website that is impersonating or imitating your business, then the easiest way to tackle this is usually on the basis that your intellectual property rights have been breached, for example because the site.

• Uses your trade mark (registered or otherwise) without authority.

• Infringes your copyright (e.g. the format, wording or images on your website).

• Attempts to 'pass off' the site as being connected to your business and so capitalise on the goodwill associated with that name to confuse members of the public.

  Whilst on most occasions the author of the website may well be uncooperative or untraceable, a third party host or internet service provider could be liable themselves once they are alerted to the breach if they fail to take action within a reasonable period.  We have known website hosts to take down infringing websites in a matter of hours after receiving a take down request, so this can be a very quick and effective way to address the problem. 

  If the domain name of the website is similar to your own (such as if it uses a common misspelling of your name), it may also be possible to make use of a designated dispute resolution service (e.g. through Nominet which controls '.co.uk' websites), rather than bringing costly court proceedings for abusive domain name registration.  Provided you meet the relevant requirements and follow the correct procedure, this can be another quick way to deal with problematic websites. 

  To fully protect your position in respect of any domain issues, it would also be prudent to ensure that the business (rather than any website designer) owns the domain name, is the registrant of the site and owns the content.

Dealing With the Press

It is perhaps inevitable that comments about your business online could attract attention from the press. To prepare for this, you should ensure that your internal team is organised, on message, and knows where to access support. Co-ordinate outgoing communications and ensure that all enquiries are directed to a designated individual. 

If the matter is particularly contentious or sensitive it may be sensible to seek external PR and / or legal advice at the outset to manage the issue with these risks in mind.  Insurance policies will often include cover for legal costs - and even sometimes PR advice - and it is worth checking your arrangements now so that you are aware of the cover that is available if required.

Top Tips

• Undertake an audit of your brand - are your trade marks registered?  Are the domain names to any websites registered in the right name?  Who owns the content?

• Plan for situations posing the risk of reputational damage and ensure your internal team is organised appropriately.

• Task someone to monitor adverse comments and set up search alerts so that you become aware of any adverse issues relating to your company.

• If an issue does arise, act quickly and consider all of the possible options.  Plan your strategy before contacting third parties.

• Although you should prioritise compliance with legal and regulatory duties, care should also be taken to ensure that communications are effective.

• Involve PR and legal advisers at an early stage on contentious and sensitive matters.

• Review your insurance arrangements now so you are aware of the available cover if needed and consider whether it is necessary to purchase further insurance to cover the cost of these risks.

• Consider whether you have any obligations to report matters to regulators.

For more information please contact Ben Holt on 0117 314 5478 in our Reputation Managment team, or complete the form below.