Twitter Comments Can Land Businesses in Court
Twitter comments (along with others) have now become the basis for an Internet defamation lawsuit.
Courtney Love, always a class act, has been posting “tweets” about fashion designer Dawn Simorangkir, also known as Boudoir Queen. Simorangkir claims that Love failed to pay money that was owed to her. Love claims otherwise, and refered to Simorangkir as a “nasty lying hosebag thief”, as well as accusing her of being a drug addict and a prostitute, according to the Associated Press.
Assuming the comments were false, the statements are clearly defamatory, but the case will still present some interesting issues if it ever makes it to trial. Defamation is always about reputation, and defamatory remarks do not always translate to loss of reputation. Given the context of the statements and the person making them, will anyone believe that Simorangkir is guilty of the acts claimed by Love?
Lesson for all businesses: Are your employees "twittering" or sending instant messages from their computers at work? Plaintiff attorneys look for the deep pocket, and if an employee sends a defamatory tweet from an office computer, you can bet your company will be named in the action. One way to protect the company is to make such conduct outside the scope of employment, and it is only outside the scope of emploment if the company has a written and enforced policy against using company computers for such purposes.
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