Post a negative post on Facebook?

You got a bad service?Your boss annoyed you and you decided to write about it on the social networks?We tend to think that the statuses and posts one publishes do not have much meaning, but one should take into consideration that he may find himself accused of defamation.Lawyer Drorit Mlinarsky warns

Posted 10/09/13 14:04 on Mako By Drorit Mlinarsky, Advocate (LL.B)

Each of us may find himself from time to time, unhappy and angry, as he stood in front of a service, a company, or any public body.The options we faced in the past were to write a letter of complaint to the company, turn the radio or section "Letters to the Editor".Today, with the help of social networks, each of us can write a post and draw the attention of all the friends and follows, we have endless possibilities.But can negative advertisement where you personalities third party in relation to unfair treatment be perceived as defamation? "?By Advocate Drorit Mlinarsky, specializing in Intellectual Property law and advises IL Attorney's Site, explains what "defamation" and how to protect yourself.

Social networks have tremendous advertising power

The law defines "slander" as an advertisement that may degrade a person, or made for the purpose of hatred, contempt, or ridicule his part.In addition, even if the goal is to damage the reputation of a person in his office, business, trade or profession hand, the emphasis is on the law, "publication", whether orally or in writing. In other words, advertising can be a "slander" if the advertisement intended for another person, other than the addressee, and whether it has reached the public.According to the law, the mere fact that the publication is written, meaning that it may reach another person besides the addressee, leads to "slander" and is defined as "defamation".

Expression of opinion, uploading photos and sharing everyday experiences, without censorship, are integral part of our daily routine.Most of us bring up posts and statuses, our personal profile, with the expectation to reach a vast audience in order to gain its respond.

For Example, Hagit, Executive Manager at a well known Products company, who was dismissed after fifteen years. Hagit wanted to share the experience of the last dismissal with her closest friends, and therefore at the same day issued a status piercing against her boss by the light of the unexpected dismissal.In addition to personal insults Hagit also stated that the work was governed by a mere dictator boss, and pledged her readers to avoid buying products from this company, in light of the passing of humiliation.

As a result overwhelming responses were received. Due to Hagit status, many members of Hagit on Facebook, conveyed a sharp criticism against the company, and its owners and the number of customers had dropped drastically.

We frequently tend to share with our social network thoughts and opinions that we experience personally, but part of our network is not necessarily considered as our close friends.For Example, Ronit purchased baby products online .Ronit was not satisfied with their treatment and product defects.As she turned back to the store, complaining about the quality of the products, she was rejected back and forth, when finally decided to publish a status, in which she states that this store is a network of crooks and swindlers.She detailed the deficiencies, such as faulty products and awful customer service. Consequently the rate of customers was deteriorated.

How to prove "slander"? A good question!

The fact that social networks such as Facebook and Twitter, allows "sharing" and "Liking", and avails our opinions and thoughts to be distributed to members and vast array of anonymous people does not mean that there are no borders while publishing our status.

Each and every user on Facebook can be influenced by the posts and statuses uploaded in real time, as a result, the actual damage caused to those that read the post is irreversible.

Ruling relates to the meaning of" Defamation" as a sort of publication which is made under personal blog, within well-known locations and sections designed for customers of businesses of that specific section, such as those mentioned, where the business owner description can increase the risk of damage feasibility.Therefore, according to the ruling, in fact in the Internet environment this sort of publication can create defamation. However, Hagit and Ron it Publications, criticizing the business, do not necessarily constitute defamation- unless the sites are related, with a business or company on a permanent basis.

"Advertising on the Internet denouncing any person, might hurt him."Attorney Drorit Mlinarsky argues.

References to this approach can be found in the Court's case law on "Freedom of Expression".Freedom of expression is a supreme value, which should be safeguarded at all costs, in order to avail free public discussion, as it is the core of freedom of expression.Views and opinions in any society are always diverse and democratic society should strive to maintain freedom of expression.Exchange of views, the views of the incandescent, public debate, the desire to acquire knowledge, teach or persuade, are essential tools that are available for everyone. Since, variety of opinions, views and believes are the essence of a free society.

Therefore, despite the significant cases where Facebook advertising can be considered "slander", for which the advertiser will be charged damages, there should be freedom of expression but to certain extent. Users should examine the implications for the distribution inherent in their posts. Although freedom of expression is a supreme value - it does not provide absolute legal defense as far as publication is concerned.

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