More and more businesses today are discovering the benefits of
blogging. Blogs can help position businesses and professionals
as industry leaders, build relationships with clients and customers,
provide a major boost to search engine rankings and attract new, quality
traffic to websites.
In many ways, blogging has
turned average people into
citizen journalists, disbursing
story-telling channels beyond
traditional media and delivering
them directly into the hands of
the masses. Therein lies the risk.
Many companies today — and
the writers who blog for them
—blog without understanding
the laws that apply to the
relatively new medium.
That becomes an even bigger
problem when you consider the
medium itself. Social media, by
nature, tends to be more open with information and more candid with opinions.
Blogs are no exception. Consequently, and not surprisingly, the number of blog
related lawsuits has increased dramatically since the first one was filed in 2005.
If you currently blog for business or are planning to start, these tips can help:
* Represent the business. Understand, when you send information to the
blogosphere, you are essentially sharing it with the world, now and well into the
future. Do not say anything on your blog that isn’t true, you can’t prove or doesn’t
represent your business well.
* Protect privacy. Do not disclose names, key information or photos of employees
or customers without their advance, written consent. If you have an event where
you would like to take photos or video to post later, be sure to get participants’
* Observe intellectual property laws, especially those surrounding copyright and
trademarks. According to the U.S. Small Business Administration, this is the No. 1
reason bloggers get into trouble. If you want to post a photo taken by someone else
or a written work authored by someone else (in part or in full), you need to have
permission from the copyright owner or give it proper reference. Copyright
violations can spur criminal and civil charges.
* Don’t defame others. It may be tempting to speak ill of competitors or others who
may be wishing (or inflicting) ill will on your business, but bashing them online likely
will serve only to make matters worse. It could also subject you to defamation
* Add a disclaimer. Disclaimers should note that the content provided is for
informational purposes only and include notes about validity and accuracy. (After
all, a process or number you share today may change over time.) Additionally,
federal law protects bloggers from comments posted on their site by third parties; it
wouldn’t hurt to remind users of this fact in the disclaimer.
* Establish a social media policy for your business. While the policy should
encompass all forms of social media, it should have a section specifically for
blogging. There, you can spell out who can blog on behalf of the business, guidelines
for handling online blog responses, and rules pertaining to content (including
privacy, copyright, defamation, etc.).
If you are blogging about something that causes you to wonder if it will create
problems, that’s a good sign that you probably shouldn’t post it. Also, if you think
you may have a legal issue stemming from your blog (or someone else’s), don’t let it
fester. Talk with a lawyer experienced in this area of law to explore solutions.
Above all, remember the Web is a viral, vital and powerful tool. It carries great
potential for marketing your business, but it also comes with some risk. Just as with
other aspects of your business, success will depend not only on how well you seize
the opportunity but also on how well you manage the risks that come with it.
About the Author:
Jennifer M. Schank is an attorney with Johns, Flaherty & Collins, SC, a full-service
law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law
Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other
La Crosse law firm.