The Slippery Slope of Social Media

The English language is not short of sayings about actions having unforeseen consequences. Act in haste, repent at leisure is one. You reap what you sow is another. This can be particularly true in litigation.

If people feel they have been wronged, whether through damage caused to their property or through a breach of contract, it can be tempting to publicise the resulting dispute. Once upon a time this might have involved putting up leaflets, or talking to a newspaper, or even by simple word of mouth. Indeed, a fourteenth century judge was called a traitor at court, but successfully claimed money in damages from his accuser.

Today we have the Internet, and many people have the ability to post anything they please on a variety of platforms such as Facebook, Twitter or Reddit. Not only do many people have accounts on such sites, but many companies do as well, in addition to their own websites. Individual people too are just as likely to have blogs for their own businesses, or that deal with their interests.

Consequently it is very easy to quickly post negative comments about a person, or a product, where they will be seen by others. The fact that such posts can very quickly escalate beyond your control, by going viral, is a possibility that should always be kept in mind. Several cases, involving tweets or retweets, have already graced the pages of legal history, and making such comments publicly can do serious harm to any action for damages you may wish to take, especially if it results in a counterclaim against you.

Here at Askews Legal, we would always advise against such an action, especially as it can affect chances of being able to settle a case before it reaches Court. Many litigation actions do not reach Court, as the parties involved are able to settle the matter between themselves. Whilst this may still be true even if you have made negative comments online, any settlement reached is likely to require you to retract those comments or even post a public apology.

Consequently it is always best to seek legal advice before taking any action in a dispute. Askews Legal has extensive experience in these matters and our qualified solicitors are always happy to discuss matters with you.

To discuss a litigation matter please contact Liam Fitzgerald or Gareth Wood on 02476 231000