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Business Questions
The Financial Times
26 February 2008
I run a successful online travel company that relies on web adverts for business. But in recent weeks we’ve found that our advertisements are being hijacked on internet blogs and travel website in the UK and abroad by anonymous sources who are critical of the services we provide. All the services we provide. All this material is untrue and some is very malicious. Is there any action we can take to identify who is writing this and to stop it from being posted on websites?
This is an increasingly common problem with the internet. An allegation is defamatory if it causes people to think less of you and your company. If it is published, then you have the ingredient for a claim.
On the internet, publication occurs where the material can be downloaded, so if it is accessible in the UK, you could take action in our courts.
You should alert the internet service provider that it is hosting and caching it. To establish the identity of those posting the material require a court application against the website owner or operator for an order for disclosure. You need to show that a wrong has been carried out, that the order is needed to enable proceedings against the wrongdoer, and that the website owner is likely to be able to provide the information to sue those responsible.
The court will take into account factors including the strength of your case, the gravity of the allegations, whether you are the target of a campaign, the size of the potential readership, and whether there was a policy of confidentiality for users of the website.
If your detractors are based abroad, then other countries may be reluctant to enforce court rulings obtained in this country.
If you can identify the campaigners, and they are in the UK, you have a realistic opportunity of restricting their activities.
Jeremy Clarke-Williams is a partner in the media & reputation management unit of Russell Jones and Walker, a solicitors firm.