Tag Archives: Christine Rafin

Reputation Communications, a New York City-based online reputation management firm

Online reputation management (ORM) makes you look your best online. It creates a “digital firewall” to protect your reputation from harmful attacks or misinformation; ensures your public image is accurate, up-to-date and authentic, and is the ultimate personal branding tool. Here is what you need to know, based on our work with high profile, often high net worth clients…as well as CEOs, C-Suite executives, entrepreneurs, investment firms, philanthropists, Silicon Valley tech founders and countless others.

We share our insights, tools and industry intel here to help the greater public understand how ORM works. AI is now a major part of search, and many people now use AI platforms to conduct searches – instead of Google. So, if you haven’t already, preview how you look on AI platforms. Here’s how.

How AI and Google Impact Your Online Reputation

One of the most frequently asked questions online reputation management (ORM) firms receive is, Why is this outdated/irrelevant/negative/false content still showing up in my Google search results? Despite the fact that AI overviews now appear at the top of 47% of Google search results, AI systems (like Google) prioritize the credibility of established news sources and official documents. As a result, displacing negative media articles, old legal notices, and other problematic content now takes significantly longer. AI systems prioritize keeping them prominently ranked in search results.

The online reputation management industry exists to strategize and publish content on Google (and now, in AI data) that will shape its search results. Before we get into how online reputation management works, it merits some initial insights about what Google seeks. And now, AI.

Ultimately, Google’s goal is to provide visitors with the most relevant and reliable information about every topic that is searched for.

So, sites that have the most comprehensive and well-written information, have the highest number of visitors, and are linked to the most legitimate and high-ranking websites, are the ones that come up the highest and fastest in Google searches.

This is especially true now, as Google’s algorithm increasingly utilizes AI (artificial intelligence) to determine what search results to rank highly. We blogged about this: Big Changes to Google’s Search Results.  Equally notable is Microsoft’s growing ambition to take a bigger piece of Google’s business, which we wrote about here: Microsoft Signals a New Era for ‘Search’ Online. Bottom line: Clunky, poorly written content with SEO-centered tricks are out the window. 

What hasn’t changed is that after AI summaries, Wikipedia and LinkedIn entries are often the first to come up in someone’s results, at least on Google. A personal branding website (yourname.com) is next, or in the top results. Social media accounts, if used often, frequently appear on the first page.

Media articles or legal notices on government websites, no matter how old, often dominate your search results because they meet Google’s criteria for credibility and relevance more than any other information on the Internet. They can be displaced through frequent “refreshes” of newly published social content, website updates and authoritative content that links to the information online you own or manage. Using the latest technology for your websites and content is also important, because Google vets how fast sites download on mobile phones, which can influence their rank in the algorithm.

Google currently accounts for 86% of the global search market, so it is to your advantage to understand Google’s algorithm and how search engine optimization (SEO) works to improve the quality and quantity of website traffic to a website or a web page from search engines. Google publishes considerable, free information about this topic. It also keeps the world informed every time it makes a change to its algorithm via the Twitter site, Google Search Central (@googlesearchc). MOZ, a leading platform for SEO specialists, publishes an extensive free guide for anyone wanting to learn the workings of SEO, as well as free tools for assessing a site’s SEO and subscription tools for ramping up SEO. There are a myriad of other resources, including SEMrush and Search Engine Journal.

Know that managing the online content about you and curating your personal and professional brand to ensure it is the most relevant and reliable data available about you will go a long way in shaping how the world perceives you online.

What is Online Reputation Management?

Our post, “10 Ways Online Reputation Management is Used,” illustrates its most common applications. Contrary to popular opinion, though, ORM is not a magic wand that removes unwanted information from the Internet – at least, not in the U.S., the market this article focuses on.  (Typically, content can be removed when it does not meet the website’s “terms of use.” Defamatory anonymous comments are one example of such content.)

ORM involves placing new content online that pushes old or unwanted content lower in search results. It can also raise other online content higher to displace unwanted material. Once successfully arranged, the results must be maintained. Otherwise, the unwanted material may resurface at the top of Google search results — usually within three to six months.

New content does not automatically appear at the top of search results. The key challenge of  ORM is to create content that search engines will rank highly. That involves an understanding of search engine algorithms as well as, increasingly, the ability to create high-quality content.  The best ORM uses strategies that Google considers “white hat,” which is described in the SEO section below.

Managing your digital footprint

ORM consists of monitoring, improving and maintaining the publicly available online information about individuals, businesses and organizations. (We also describe it is as “managing your digital footprint.”) ORM began in the mid-‘90s, in response to the proliferation of online social media and the opportunities for anonymous commentary to be made about anyone—and for that commentary to remain online forever.

ORM helps you create and maintain an appropriate online image so that any attacks on your image are counterbalanced with more credible, factual information. It helps remove personal addresses and other data from public databases, also known as “people search” databases. It protects your online brand from being taken over and misused by third-parties. There are also specialized services that help businesses to track and manage their consumer reviews.

Since the European Union passed the Google “Right to be Forgotten” law, many U.S. citizens have taken a renewed interest in trying to have their own content removed from the Internet. Our tips for becoming an informed consumer regarding your removal options are featured in this post: How Google’s Content Removal Request Process Works.

To learn more about the growing power of future “Right to Be Forgotten” laws, read this interview: “Dan Shefet: Creator of the Internet’s Ombudsman.”

Management, repair and monitoring

Managing the information that is publicly available online about you or your organization allows you to “take ownership” of your reputation. When you don’t take an active role in determining what biographical and professional information about you appears online, others may make that decision for you. “Others” include automatic programs (“bots”) that continuously collect and index publicly available information online. Many focus on personal data, which can include your age, home address and family members’ names.

That’s why it’s important to take the first step of knowing what information about you exists online. You can’t control what people say about you in articles, blogs and online forums. But you do have control over such items as professional biographies, company profiles (often compiled by sources other than your place of employment) and other types of content.

The more you contribute to the body of information about you that is online, the more you can sup­plant inaccurate and unwanted information that may surface about you (or someone with the same name). Having a significant body of factual information about you online also ensures you have a presence in the wider community. You can use it as a tool to present a more mature image of yourself as well as to help prevent age discrimination during a job search. 

Why is Online Reputation Management Necessary?

Online reputation management is necessary because anyone can say anything online — anonymously, posing as an expert or as someone else. As mentioned before, bots also continuously locate and publish any data they locate from public records found on the Internet—including telephone directories and real estate ownership records filed at county courthouses.

The engineers who developed the Internet in the late ’60s and early ’70s didn’t foresee billions of people would be online now. As Internet use evolved, no mandatory laws or universal systems were enstated to authenticate credentials and identify Internet users.

Few laws are in place to regulate or address what is said and posted online. Currently, website operators have legal immunity over what is said and posted on their sites. That means they are not held responsible for it in a court of law (except, generally, in cases that constitute defamation).

Why? Because of the Communications Decency Act of 1996, a law regulating Internet content that has not been updated to meet the tremendous proliferation of online usage and proliferation of social media platforms.

According to Section 230 of the Act, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Scrubbing Your Personal Info from the Internet, by Reputation Communications Advisory Board member Don Aviv, explains how people-search databases work and why they are dangerous. If you have been wondering how to remove all those listings advertising your home address (with photographs and value), look no more.

How Can I Fix Old or Incorrect Online Information About Me?

If the information is abusive or violates the law you can contact Google to submit a legal removal request. (Before doing so, it is best to check Google’s Program Policies to see if the material is considered inappropriate.) In June, 2021, Google announced plans to remove slanderous information about people published online and to also lower the types of extortion sites that often publish it. Our blog post has more info: Google Plans to Suppress Slander for Victims of Online Attacks.

Otherwise, much depends on where it is located and how it originated. There are many online information platforms that exist to aggregate and republish information. Some allow users to access their profile, so you can edit and update information about you on those sites. Other platforms make that process much more difficult. Public databases like Intelius collect home addresses, ages, family members’ names and other information that they publish in profiles that are accessible to virtually anyone.

Blogs often will correct information that is inaccurate (the name of your company, your title or position, etc), if you contact them in a neutral, reasonable manner – the way you would a newspaper editor.

If the information is on other platforms, such as an online gossip site, you have little control over it short of legal action (if you have grounds for an online defamation suit). In many cases, any request you email to the website administrator can be ignored, declined or posted online, as these actions are compliant under the U.S. government’s Communications Decency Act.

The expungement, or erasure, of public records from news providers and other resources is an issue of growing debate. 

As noted before, creating your own online image – with information that accurately profiles your career, business and other relevant endeavors – is the best strategy for counteracting and possibly replacing inaccurate online information. LinkedIn is a useful tool to begin building such an image. Publishing articles and posts on your LinkedIn profile will help it rise high online.

How Can I Learn the Identity of an Anonymous Poster?

When any computer connects to the Internet it is assigned a unique code of numbers called an IP address. Computers connect to the Internet through Internet Service Providers (ISPs), which register the IP addresses of users.

Identifying anonymous posters can be difficult, especially if they are hiding their identity. (They can accomplish that by using Tor, a free tool that conceals IP addresses.) While logs collected by the blog host might correlate posts to a particular IP address, the address may not necessarily reveal the poster with any level of certainty. Difficulties may arise from public network use, dynamic IP address assignment, access from private networks that translate addresses, or through the use of internet proxies which are used to “sanitize” identities. If the blog is maintained in a public forum the only way to access log information is through legal action.

Legal action can result in a court order and subpoena for an ISP to identify the IP address. Law enforcement agencies such as the FBI and police departments around the country obtain IP identification every day.

The field of forensic cyber investigations is a large one.  Such investigators often succeed in identifying anonymous posters and emailers through their IP addresses…going so far as to locate the users’ home addresses and other identifying information.

If you are a celebrity, public or high net worth figure and you are the focus of cyberstalking or similar serious threats online, our interview with Philip Grindell, “the online security guard,” provides important information and potential resources: Philip Grindell, Protecting Clients from Harm on Social Media and the Dark Web.

How Scores of Reputations Were Intentionally Destroyed, provides insight into how people maliciously use the internet to defame others. The lengths it can take to identify them are eye-opening.

Can I Sue to Have Online Commentary About Me Removed?

Online defamation lawsuits are a large area in legal practice. (Reputation Communications CEO Shannon Wilkinson serves as an expert defamation witness in some legal cases.) If something posted about a person is deemed by a court to be a false and unprivileged statement of fact harmful to someone’s reputation – or, to cite recent cases, is “injurious,” interferes with one’s livelihood or possesses any number of related characteristics – the website can be required by law to remove the information and reveal the poster’s identity.

An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet,” by Christine Rafin, Esq., provides insight into what is possible. (Her companion piece, ““Legal Options When Battling Online Copyright Infringement”, is also helpful.) “What to Do When You Are the Victim of Online Defamation”, provides additional overviews of your options. 

People who have successfully sued in response to online defamation (typically a series of anonymous posts about them) have been awarded millions of dollars in damages. The posters identities have become public, often in the news media.

It is not always possible to have anonymous comments about you removed from an online forum or other platform—but it can be done, especially if the material is clearly defamatory. If you are the topic of such content, look for their user policy. Sometimes they will not only remove the offensive material when requested to do so, but they will block the user who posted it from their site.

You can also support Right2Remove, which advocates for “Right to Remove” privacy policy legislation “that allows for the removal of content from Internet platforms that is designed to cause reputational harm to consumers in the United States.” Their vision is for Congress to introduce a “Right to Remove” bill that can be enforced by the Federal Trade Commission or an independent review panel.

Tips for Safely Browsing the Internet

Be cautious of visiting obscure sites with potentially defamatory or invasive content about you or your organization. All sites are full of tracking mechanisms that capture your computer’s IP address (unless you use TOR) as well as your geographical location and other data. There are also programs that can collect your email address when you visit a site – even if you have not provided it. However, the obscure sites in particular are more likely to have malware that can infect your computer. Tread with care. 

Use caution when sending emails, too. Don’t say anything you would not want published on the front page of a major newspaper (or online platform). Look into encrypted services like Proton, which is free. It is a favorite of many top privacy and cyber security experts. 

The Electronic Frontier Foundation’s online defamation law guide for bloggers includes helpful general information on this topic.

Can I Have an Online Photograph of Me Removed or Replaced?

In June 2014, good news was announced for victims of “revenge porn.” Google announced it would be removing links to revenge porn websites. Since then, many states in the U.S. have enacted laws protecting victims. Lawyers like Carrie Goldberg began specializing in the new area of cyber harassment and revenge.

Elsewhere, the open culture of the Internet – where it is common for bloggers to be transparent about editing errors they have corrected and post disclaimers if they write about a company they have worked for or accepted product samples from – helps explain why it can be so hard to have a photograph (or anything else) removed. Doing so without a publicly posted explanation would be considered unethical by many online publishers and writers. Wikipedia is a good example of this system. Whenever a fact is changed, removed or replaced, it is accompanied by an explanation of who edited it and why the edit was made.

So not only is your request likely to be declined, it is possible it may be published on the site, drawing more attention to the image and making you the target of other sites that will post the image. In any case, the longer a photograph stays online, the more it is cached (stored) by other sites and gains prominence in search engines.

The best option is to post your own photographs online – the images you believe represent you and your organization best and most authentically – and take action to ensure they take precedence over other images of you in search engine results. You can do this by publishing a different photograph in as many appropriate social media profiles as possible. If they are tagged, they will show up in search results, eventually dominating them.

If you are on Facebook, make sure your Facebook privacy controls are up to date. They are constantly evolving. The same is true of most, if not all, social media platforms.

Family Office Privacy Issues & Reputation Damage

Family offices — privately held companies that handle investment management and wealth management for wealthy families — face special reputation management challenges.

High net worth individuals (HNWI’s) are often the subjects of articles, Internet conversations, commentary and speculation on topics ranging from their appearance and behavior to leaked internal office documents.

Most HNWI’s and those who serve them do not wish to have a high profile, whether online or off. Indeed, most prefer to be “invisible” online. Unfortunately, that is very difficult to achieve….especially in the U.S., where we have limited legal rights regarding what is said and done to us on the internet.

Data Scraping Invades Privacy

Another reason is “data scraping.” Computer “bots” continually scan the Internet and collect the personal information of people who often don’t even realize that information is available. It is scoured from public records such as online telephone directories, driver license bureaus and the local courthouses that maintain legal records of property ownership. Then it is published in one of dozens of online “people search” databases that populate the Internet. Virtually anyone can access it for free or a nominal amount of money, like $9.99.

Other examples include:

  • Websites created in a family office executive’s or family member’s name, intended to denigrate, or attract inappropriate attention to you. The content on these sites can range from responses to your political views to public protests over an offices initiatives, investments, or charitable giving.
  • Anonymous and biased negative commentary about you on public Internet forums.
  • Caricatures and doctored photographs of you.
  • Organized campaigns on X and other social media platforms (also known as “disinformation campaigns”) that attack your credibility and views.
  • Demeaning photographs and text on blogs or public sites posted by former spouses and partners.

Cyber harassment and stalking are particularly invasive issues. One victim was the subject of over 50 fake blogs and social media accounts defaming him, with new ones appearing as quickly as existing ones were shut down via legal action. Another HNWI was the focus of a cyberstalker who made over 2,000 changes to his Wikipedia page, all false.

Common Sources of Reputation Attacks Impacting Privacy

Current or former colleagues, employees, and/or romantic partners who, disappointed by a lack of an anticipated raise, promotion, or proposal, can (and do) deliberately publish private documents and photographs on internet forums…or doctor them to turn neutral information into false news.

Lawsuits filed by former employees can contain highly detailed descriptions of the homes and behavior of family members. One such a claim became public and was published on a legal website. The focus of it was the private lives of one of the wealthiest families in America.

How to Protect Yourself

If there is little information online about you that you or your representatives have placed and have control over, whatever information third parties place online will dominate search results of your name. It may also appear in AI summaries about you and your organization.

You can lose control over your public image if you become the focus of attacks, unfavorable media articles, lawsuits, #MeToo and other types of content that often populates the first page of HNWI’s Google results. It is far more difficult and time-consuming to regain that control than to establish it in the first place. Many of the issues we have resolved for our clients stem from exactly that situation.

Family offices can minimize the likelihood of becoming targets of such issues by creating a strategic information program and publishing it online so it establishes a safe body of content that will rank highly on the internet.

It is possible to create such a campaign while saying little about the  family: publishing general information regarding philanthropic undertakings and non-controversial topics can be used in a multitude of platforms. Such information provides a “digital barrier” to protect fake news and other negative attacks from rising to the top of a Google search in your name. Without it, you have no defense against such material.

How Do I Brand Myself?

Many damaged reputations occur when people, businesses and organizations don’t manage the information available about them online – and haven’t put any general information about themselves online.  When such resources aren’t established, material from public records, old articles and a myriad of other sources can easily rise to the top of search engine results…and stay there. That is why branding yourself online is so important.

The American Marketing Association defines a brand as a “name, term, design, symbol, or any other feature that identifies one seller’s good or service as distinct from those of other sellers.” A brand can also apply to an individual’s career and personal interests, in a process called “personal branding,” Advice about personal branding has been circulating for decades, but it was Tom Peters’ 1997 Fast Company article “The Brand Called You” that thrust the term into mainstream usage. More recently, New York City-based agency Leibowitz Design created this A-Z guide to branding.

Creating a personal brand is the first step in reputation management. This brand establishes a foundation for showcasing your value, differentiating you from your competitors and affirming your reputation.

Many people have built notable careers without intentionally branding themselves. At some point, however, even they may find it helpful to rebrand themselves or establish their brand on a more visible platform.

Don’t leave the creation of your brand to strangers

Without a current, clearly identifiable brand, you leave the interpretation of your achievements, skills and identity to other people. That interpretation will usually be based on incomplete, and sometimes inaccurate, information. Part of establishing a brand is building a strong presence online. As mentioned before, a common reason why people suffer online reputation damage is that they lack a strong “digital footprint” – a significant, informative and current body of material about them on the Internet. Without that reputation insurance, anything that anyone posts online about you (or even someone who shares your name) goes straight to the top of results and can stay there when anyone searches for your name. The more online “assets” you own, the more tools you have in hand to suppress such material. Creating them is what ORM professionals call “building a digital firewall.”

The single most important step you can take to establish, build and protect your online reputation is to register your domain name (“yourname.com”) online. Many companies provide that service, but Squarespace Domains is our recommended resource.

How do you brand yourself?

The primary branding tools are factual information, a new photograph and a website. After establishing a website, profiles can be created on key online and social media platforms. Those are all digital assets, invaluable in taking ownership of your name online. If you are an expert, a blog is an effective way to publish consistent, quality and extensive content. So are podcasts, videos and Substack newsletters. Such content can occupy a considerable amount of valuable online real estate because it can be amplified on LinkedIn, X and numerous other sites. We create such content for clients who are experts but lack the time to write their own posts.

If there is already substantial information about you online, those steps alone are insufficient to restructure top Google results in a search of your name. But if you are not a high-profile person, they are the first actions to take. Nine times out of ten, the prospective clients who contact us lack such critical content. We have created numerous such assets for clients who lack ownership of their name online. The result has been a restructured order of Google content that appears about them…with quality content that is also authentic. We have also created effective strategies for high-profile individuals who have reams of information about them on Google, but lack control over what is said about them. Now, much of the content we have created about (and for) clients appears in their AI search results.

Before you brand yourself, develop your key message. After all, you are the CEO of your career (and life). How do you want to be perceived? How can you differentiate yourself from others? Establish a series of benchmark goals and implement them until you have a strong, authentic brand identity. The more well-established your brand, the better your ability to build consensus, make an impact and attract opportunities. 

Take care when you plan your social media content. Most companies are now using pre-employment screening services that vet all of your Facebook, Twitter, Instagram and other social media posts to see if any “red flags” come up. If they do, you might not get an offer…and you may never know the cause.

Be sure to protect your brand once you have established it. Check out our post about how one attorney filed a federal complaint using the Anti-Cybersquatting law and won a permanent injunction to protect her brand after someone hijacked her name. It helps explain why protecting your brand is so important.

What Are Online Reputation Management’s Main Tools?

The four main tools of ORM include content, platforms, search engine optimization (SEO) and strategy.

Content. The most effective content begins with information-rich text that is not duplicated elsewhere online. It is helpful, relevant and well written. It can be augmented with video, photographs, podcasts and most anything else that can be placed online. SEO, platforms and strategy can only take you so far without continuously updated, quality content. That is why the best ORM campaigns have  a content plan at their center.

Platforms. Platforms are the online sites where content is placed: websites, blogs, micro blogs, forums, directories, news sites, Instagram, Facebook, LinkedIn, TikTok, YouTube, X, and other outlets.

Search engine optimization. SEO is the process of improving the visibility of a website or a web page in search engines using frequently-searched-for words, inbound links (links to the site from other sites), effective meta tags and other techniques, including the way a website is structured. Google’s Webmaster Tools is an invaluable resource with extensive (and free) best-practices guidelines to SEO.

Creating high-quality content that attracts visitors has long been the most important aspect of SEO. It is only getting more important as AI and AI-driven search engine algorithms evolve to better identify the best sites.

Strategy. Every online reputation is different. Managing them requires a goal, strategic plan and timetable. It is well worth the effort.

What Do I Do When the Negative Online Information About Me is True?

What to do when negative online information is accurate, or just appears to be so?

The first impulse of anyone who is the subject of negative online commentary is to get rid of it – especially if it is true. But even after multiple attempts to resolve the situation you may see it persist for months or years.

We find a content strategy is the best solution to counter significant negative information online about you or your company. Together with the right technology, SEO strategies and social media platforms, new content is the most effective tool in substantially diminishing the placement of negative online content.

But a content strategy does not alter the facts.

A content strategy very effectively counters disinformation. But it does not alter the facts. If the negative online information is true, the best approach may be to own it. To “own” a fact is to acknowledge it. Doing so makes clear that you accept responsibility and are not trying to hide the truth. It also restores your ability to participate in the argument and ultimately influence perception of those facts. If appropriate, you might indicate the steps you have taken to address the issue in a positive way or ensure it does not reoccur. How this will be done depends on of the strength and character of the online presence you have built. There are a variety of options for turning what was negative into something positive.

It may be best to present a new, balanced image

In many cases it may be advisable to create a new or updated online image that authentically integrates these new facts with the achievements and the goals in your professional (and personal) life. This can be expressed in many ways, on multiple platforms, to provide a balanced view…even if you don’t reference the negative issue in your new content.

If the negative material does not disappear altogether, this new online image will present audiences a far more accurate and comprehensive image of you. Without this tactic, you leave the shaping of your image to your detractors.

Keep in mind that if you are preparing to raise capital, cultivate new business partners or join a new organization in a senior role, you may be the subject of a due diligence investigation that will turn up such issues. How you have handled it may influence how you are perceived by your potential colleagues or employers.

How Can I Enhance My Reputation Using Philanthropy?

Most people – and organizations – get involved in philanthropic pursuits out of a genuine desire to use their capital to reduce suffering and injustice. But it can also be a central part of a strategy to repair their reputation.

In such cases, the first step often taken by a public relations crisis management team is to affiliate their high-profile client with a charitable cause. The ensuing donations, events and sponsorships often improve the situation. Many of the most-respected public companies maintain a longstanding involvement in philanthropic causes for the social and public relations benefits that arise from these activities.

Microfunding, grants, sponsorships, foundations and “high impact philanthropy” – the practice of making charitable contributions with the intention of maximizing social good – have all been important in shaping contemporary international society. Gifts can be in the form of time, money or the donation of a valued commodity to a community, individual or cause that needs it. There are many opportunities to become more involved in philanthropy. If you establish a foundation, you have limitless ways to create authentic, worthwhile content while supporting important causes.

What is the Best Way to Use LinkedIn as a Reputation Management Tool?

LinkedIn is best known as a professional networking resource—but it is also an important tool for ORM. 

As a top-ranked online networking platform, LinkedIn earns a high ranking from search engines for each of its pages. So, in any search made through a major engine, relevant LinkedIn profiles will appear among the first results.

Creating a LinkedIn profile is one of the quickest and easiest ways to create highly visible content. LinkedIn features let you personalize your profile to highlight your skills, publish articles, follow influential thought leaders, and monitor who views your profile. Use them all: the more content you add to it, the higher it will rise online, creating a valuable digital asset for you. That will also contribute to your career, as this interview with top Silicon Valley talent sourcer Martha Josephson illustrates.

Most important is that you control the content in your LinkedIn profile. With it you can ensure there is a factual and readily accessible source of information about you online. That is critical if search results of your name yield little information about you or come from third-party sources or the information that appears is substantially inaccurate or out-of-date.

LinkedIn is a major publishing platform for its users. You can publish articles there which can be read by hundreds or thousands of readers. Then you can amplify them with social media tools. Better, post videos. Videos are now the most popular type of content on LinkedIn.

Do I Have to Use Social Media to Improve my Reputation?

Social media plays an especially important role in maintaining and growing online reputations. It can also ruin them.

Professionals invest time and capital to ensure such social media platforms as Facebook, Instagram, LinkedIn, TikTok and X contain content appropriate to their stature and reflect both personal and professional goals. Celebrities have found social media an effective platform to promote their creative projects, support their philanthropic causes, and stay attuned to their audience. Using it carelessly, though, can backfire. Especially in a politically charged climate like our current one.

Nevertheless, there are many reasons why a company or organization may not be active on social media. Some do not allow employees to utilize social media.

Some companies – and people – avoid engaging social media simply because they don’t understand the social media culture. Or, they may feel that the risks inherent in social media usage by employees outweigh the potential benefits to the company’s brand and customer engagement. Others prefer to stay below the radar online for privacy reasons. They like having virtually no online profile, especially when they work in industries where privacy is important.

If you don’t feel comfortable with the idea of using social media, don’t.

How Can Strategic Reputation Management Help my Career?

Reputation management isn’t pretending to be someone you aren’t or whitewashing your background; it means that you have taken steps to ensure the audience you care about knows who you are.

According to the Reputation Institute, reputation is the new corporate and professional currency. The business world understands what is at stake. Mainstream companies such as Toyota and MasterCard now have reputation managers. “Reputational risk” is the second biggest concern of boards of directors, surpassing regulatory issues.

Who controls your image?

If you do not purposefully shape your online image, someone else will do it for you.

Case in point: Many companies now undertake background checks on potential new hires by scouring their social networking channels (they also monitor the online activities of current employees). This is important news for users of all social media platforms, especially those who do not realize the impact that their online posts can have on their career opportunities. AI is used to “red flag” posts that reference violence, racism, political and other views.

News headlines regularly offer examples of the dangers of reckless online communication. But, if managed properly, your online image can be a powerful tool in your personal and professional life.

Trust is a key factor in doing business and building relationships, and a degree of transparency is necessary to engender trust. Your online presence offers that transparency. That is just one benefit of establishing and maintaining a strong online reputation.

What Advice do you Have for Public Relations Professionals?

How can you help your CEO and senior management protect – and maintain – their reputations when two-thirds of the online content about them is posted by consumers, or even competitors? When anyone can create a Web site accusing the CEO of a publicly traded company of any number of questionable actions, even if all of the accusations are false? When internal emails and confidential documents are not only routinely leaked, but quoted in The New York Times?

If you work in PR, the online era – the age of forced transparency – has broadened and added complexity to your role. Helping your CEO and senior management understand the reputational issues they could face is essential to helping them prepare for and navigate this new terrain. The first step is to ensure your agency has adapted to the new fundamentals of public relations. Then, take these steps.

Develop a reputation protection checklist

Develop a reputation protection checklist to review with top management. Focus on three areas: creating, updating or expanding the online information about them; monitoring that information daily so you are aware of what is being posted about them in online forums, blogs and media; and having a crisis response plan ready to enact – including on holidays and weekends, when many online issues develop. Ensuring their personal information – including home addresses – is removed from online databases is also important.

If your company does not already have an in-house system for cultivating online dialogues with customers, assess whether it would benefit from one. When they can’t easily and immediately engage with a company’s customer support system, dissatisfied and frustrated customers will vent on review sites. Many subscription platforms allow a company to quickly build an online area where customers can connect with each other and company representatives to report problems, share ideas and build a sense of community. 

It is far preferable to address a customer’s complaints on a forum you provide. There are few laws in place to regulate or address what is posted online. Web site operators currently have legal immunity over what is posted on their sites. That makes it difficult, if not impossible, for you to have inappropriate or inaccurate content removed from other sites, even if it is biased.

Many reputations suffer needlessly

Much damage to the online reputations of executives could have been prevented. Ideally, the first AI summaries and entries of a Google, Bing, or other search of an executive’s name will contain verified, factual information about them. When that is not the case, their vulnerability to misinformation increases.

Social media can be effective online reputation support tools. But they are not appropriate for all executives, including those in highly regulated fields like banking, pharmaceuticals and financial services. In that case, there are many other tools you can explore with them, including a variety of publishing and information platforms. Help them realize there are many ways to establish an online presence – and that they are not necessarily living in the Stone Age if they do not have an Instagram or X profile.

If you are a PR consultant providing Wikipedia editing services to your clients, understand Wikipedia’s new rules for paid contributors — and follow them.

At Reputation Communications, we help clients look their best online. We develop, manage and repair digital profiles; create fresh Google search results and provide public relations for the digital age. We welcome the opportunity to help you develop or update your digital brand and specialize in working with CEOs, C-Suite executives, VIPs and their organizations.

 
 
Reputation Risk for Start Ups

Christine Rafin, Esq. serves as General Counsel – MediaCo LLC and is a former partner in the New York City law firm of Kent, Beatty & Gordon, LLP, specializing in technology-related legal issues. 

As an attorney specializing in Internet marketing law and litigation, I frequently receive questions relating to the removal of negative, defamatory and/or infringing material from the Internet.  Typical questions include:

  • An anonymous person is posting defamatory statements about my company. What can I do to find out who it is and put a stop to it?
  • A former employee has a blog that frequently vents about our company. Do we have any legal remedies against him?
  • My personal photographs are being used online without my permission. How can I get them removed?

As you undoubtedly know, there is a website for pretty much everything.  That includes numerous websites that serve as forums for users to post business reviews and others specifically dedicated to business complaints.  While individuals have strong First Amendment rights to speak out against businesses (and other people), the line often is crossed when those words are intentionally false.

What is Defamation?

Generally, defamation is a knowingly false statement of fact that is damaging to the reputation of a person or business.  There are two types of defamation: spoken (slander) and written (libel). Although it is not currently a legal term of art, a third category of defamation or rather, a sub-category of libel, has emerged in recent years and has been coined “Twibel.” Twibel isn’t strictly limited to libel appearing on Twitter, however.  It includes any libelous statement that appears on the Internet in any forum.

Steps to Take When You are a Twibel Target

If defamatory material is posted about you on the Internet and you know – or strongly suspect – who wrote it, you have several options.  First, you can contact the person and demand that they voluntarily remove the false statement(s). Often you will get no response. Depending on the perpetrator, this could also lead to additional statements – or your correspondence itself – being published.

I constantly remind my clients to be cautious in what they write in their emails or post on their social media accounts.  Anything that you put out into the Internet world can, and often will, be used against you in a way you had never intended.  Often a well-written letter from your lawyer is all it takes to have the content removed.

Another option – irrespective of whether the perpetrator is anonymous – is to contact the ISP, website or webhost directly to request that the statements be removed.  Of course, this usually is the first step if you cannot identify the person who posted the defamatory statement(s).  Always review the relevant website’s Terms to ensure that you understand its required procedure (if it has one), are sending your correspondence to the appropriate contact person, and, if relevant, are citing to a specific violation of that site’s Terms.  Depending on the website, webhost or ISP and depending on the content of the statement itself, this may result in the removal of the material or redaction of the worst of it.  Otherwise, there may be an automatic refusal to take down or disable access to anything without a court order.

To Sue or Not to Sue….

In many cases, your only option may be to commence litigation.  To the extent that the website, webhost or ISP requires a court order before revealing an anonymous user’s identity or removing anything from the website, your task may become more challenging.  Your likelihood of success in obtaining the subpoena, identifying the perpetrator and having the content removed will depend on several factors, including the jurisdiction that you’re filing the lawsuit in (and the burden that its laws place on you as the plaintiff), the context of the statement(s) at issue and your status (as a public or a private figure).  Depending on the court that you are in, a determination may be made by the judge as to whether you have a valid case – before the court will even consider issuing a subpoena.

One important element to consider before commencing a lawsuit is your ability to prove your damages.  In any complex litigation, this may be a daunting task.  Establishing reputational damage in a defamation case will often require a good amount of evidence.  Depending on the laws of your jurisdiction, if you can establish defamation per se, which includes injurious statements about another’s trade, business, or profession, damages are typically presumed.

No One Wants to Be SLAPPed

In addition to the above-mentioned considerations, before commencing a defamation lawsuit, you should contemplate whether your lawsuit may be challenged as a Strategic Lawsuit Against Public Participation, more commonly known by its acronym, “SLAPP.”  A SLAPP is essentially a meritless lawsuit filed against a defendant in retaliation for speaking out on an issue of public concern, such as cases involving celebrities, government officials or large companies.  SLAPPs often are filed by a plaintiff with deep pockets with the goal of chilling an individual’s freedom of speech and forcing him or her to incur significant legal fees to defend the case.

In many states that have enacted anti-SLAPP legislation, a SLAPP defendant can “SLAPPback” by, among other things, filing an early motion to strike the complaint or a lawsuit seeking attorneys’ fees and punitive damages for malicious prosecution.

Of course, if your lawsuit is not frivolous and does not implicate a “public” issue, there really should be no SLAPPback concern.

Twibel of a Celebrity: A Case Study

An interesting example tying this discussion together involves the actor, James Woods.  In brief, Woods filed a $10 million lawsuit for defamation and invasion of privacy by false light against an anonymous Twitter user who posted a tweet stating that Woods was a cocaine addict.  The defendant, sued as John Doe a/k/a “Abe List” (his Twitter handle), promptly fired back with an anti-SLAPP motion.  Abe List’s attorneys characterized the tweet as constitutionally-protected speech that is “part of Twitter’s culture of political hyperbole.”

In analyzing the anti-SLAPP motion, the court considered whether Woods established a probability that he would prevail on his defamation claim and specifically addressed the issue of whether the statement could be characterized as an opinion – and, therefore, not defamation – or a statement of fact.  In a rollercoaster of a lawsuit, the court issued a tentative ruling indicating that the anti-SLAPP motion would be granted and the case dismissed.  However, the judge apparently changed his mind after a hearing, considered the tweet a statement of fact, not opinion, and denied the motion.

Not surprisingly, a legal battle ensued to uncover “Abe List’s” identity.  According to the anonymous defendant’s attorney, Abe List died after the lawsuit was filed.  Through discovery and motion practice, Woods sought to compel counsel to reveal its client’s identity.  Counsel fought back with privacy and attorney-client privilege arguments.  The court ordered Abe List’s counsel to identify him and his heirs and personal representative(s).  Further, because there was a dispute as to the reality of Abe List’s death itself, the court ordered Abe List’s counsel to provide information about his client’s death.

Getting Rid of All the Rest

If negative material is posted about you or your business and it is not per se infringing, defamatory or otherwise prohibited, there still may be a way to have it removed from the Internet.

Can This Material Be Removed?

In determining the answer to that question, there are several additional questions to consider.  Has your business been affected by the content?  Has there been any actual harm to your business that you can prove?  Have you lost customers or received inquiries that likely stemmed from the negative content?

Depending on your answer, you may be able to convince the webhost/ISP/website to redact some or all the content, particularly if it violates any of the site’s Terms or is particularly objectionable.

Depending on the laws of your jurisdiction and the specific facts of your situation, there may also be potential claims that your counsel could threaten – and prosecute – against the individual, such as intentional interference with prospective business relations, tortious interference with contract, etc.

Removing Infringing Online Material 

Whether someone copies and publishes a photograph that you took, a blog post that you wrote or completely mirrors your webpage and passes it off as their own, you have several legal rights.  One of the most cost-efficient and expeditious options available to you arises under a federal law known as the Digital Millennium Copyright Act (the “DMCA”).  This issue is so important that I have written a separate article about it here: Legal Options When Battling Online Copyright Infringement”.

Giving Negative Content a Proper Burial

Most people searching the Internet typically don’t click through all the pages of results.  They generally review the top results and stop there.

If all else fails, there are ways to bury negative information on the Internet. That generally requires loading the Internet with positive content that will appear in search results about you and your business.  Your website, social media accounts and blogs are typically good places to start.  Of course, beware of flogs (fake blogs) because they can get you into real trouble.  Reputable websites featuring your name/business generally appear at the top of search results.  If you are quoted in the media or have been published online or in print, this also is quite helpful in placing good content above the bad.  There also are businesses that specialize in bolstering your reputation online, such as Reputation Communications.

Your Online Presence Matters

In sum, it is important to do a thorough online search of your name and company name frequently: for the good, the bad and the ugly. Then it’s imperative to consider the many options available to you.

About the Author

Christine Rafin

Christine Rafin, Esq. is an attorney specializing in Internet, communications and media law. She is General Counsel – MediaCo LLC in New York. She co-authored “What to Do When You Are the Victim of Online Defamation,” published here in June 2014.

The information presented is for informational purposes only, is not legal advice, is not to be acted on as such and is subject to change without notice.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Please also see The Essentials: Online Reputation Management FAQs.

 
 

Recently, People Magazine and other major celebrity media outlets reported that Brooklyn Beckham and his wife, Nicola Peltz, hired British privacy and reputation management attorney Jenny Afia, a partner at the London office of Schillings, to address rumors of a family feud.

Brooklyn Beckham is a British model, photographer, and chef. He is the eldest son of former footballer David Beckham and fashion designer Victoria Beckham. Nicola Peltz Beckham is an American actress and filmmaker, best known for her roles as Katara in the film The Last Airbender and Bradley Martin in the TV series Bates Motel.

While terms like “reputation manager” and “crisis consultant” are common in the U.S., the title “reputation attorney” is less familiar. To learn more, we spoke with Christine Rafin (shown here), a member of the Reputation Communications Advisory Board and General Counsel for MediaCo LLC, publisher of the National Enquirer, National Enquirer UK, Star, Globe, and the National Examiner.

Below is an edited version of our conversation.

Q: What does a reputation attorney do? Are they common? What advantages do they offer celebrities compared to reputation managers, publicists, or crisis advisors?

Christine Rafin:

Attorneys specializing in reputation are not common in the U.S. While that may be a part of their job, they likely will be focused more broadly on defamation and privacy laws.  In the U.S., we have the First Amendment providing freedom of speech unlike anywhere else in the world.

But it is very valuable to have an attorney who is well-versed in the law on your side, whether you’re a public figure—or even if you’re not. “Reputation” attorneys frequently deal directly with media outlets and understand the inner workings of newsrooms and the nuances of the law. A well-respected attorney who regularly represents celebrities usually knows how to quickly reach the right people within those organizations.

When a journalist or in-house attorney receives a call from an attorney, it usually signals an escalated threat compared to an email from a publicist. The attorney’s involvement shows that litigation is a real possibility, which can prompt a more serious response.

Hiring an attorney with expertise in relevant areas—such as defamation and privacy laws—is crucial. They know exactly what to say and how to craft their communications to convey the necessary message effectively. While PR firms can do excellent work, there’s a distinct difference when an editor or legal counsel at a media outlet hears from a lawyer rather than a publicist. A lawyer can initiate legal action immediately if needed.

This approach isn’t just for celebrities; it can also be helpful for CEOs or leaders in any industry who are not public figures but face unwanted media attention.

Q: Why is controlling the narrative so important for celebrities and public figures?

Christine Rafin:

Control is key. Some celebrities believe that any publicity is good publicity, while others are more private and want to keep certain aspects of their lives—such as their children or marriage—out of the spotlight. For law firms that represent celebrities, in many instances it’s important to respond to untrue, unfair, or otherwise unwanted coverage and to manage the narrative. When a celebrity’s representative responds to news coverage, even with a denial or correction, it is important for the media to report that response.

This principle also applies in the corporate world. If negative media coverage arises about a CEO or company leader, it’s vital to control the narrative to the extent possible. Having a skilled PR professional is beneficial, but having an experienced attorney on your side can make a significant difference.

Takeaways:

Reputation attorneys play a unique and increasingly important role in helping celebrities and high-profile individuals manage their public image, respond to negative press, and protect their privacy and reputation through legal means. Their expertise complements the work of publicists and crisis managers by adding legal leverage and credibility to any response.

 
 
P.R. in the Digital Age

From serving CEOs and entrepreneurs to law firms and multinational financial companies, the mission of managing our clients’ reputational risk and shaping how the world sees them and their brands, remains our constant focus.

Keeping this in mind, I want to highlight the members of our Advisory Board. They are leaders and innovators who offer a breadth of expertise from the top levels of their fields

Scott B. Alswang is a security expert with two decades of experience serving for the United States Secret Service, providing protection services for every U.S. president from Ronald Reagan to George W. Bush. He is Chief Sales Officer at Titan Health & Security Technologies, Inc.
 
Don Aviv is a security expert and licensed investigator with extensive experience in crisis mitigation, risk management and complex investigations. He is President of the corporate intelligence agency Interfor International, a global investigation, corporate intelligence and security consulting firm serving the legal, corporate and financial communities.

David Niccolini is the COO of Evidencity, a platform for records retrieval and local insight in over 160 countries around the world. Prior to joining Evidencity, Mr. Niccolini co-founded TorchStone in 2010.

Rena Paul is the co-founder of Alcalaw LLP, a women-founded law firm that represents companies, schools and individuals in crisis, particularly those involving sexual misconduct and other sensitive matters. A former federal and state prosecutor, Rena has 15 years of private and public sector experience in investigations, litigation and appellate work.

Christine Rafin, Esq. specializes in Internet, communications and media law. She is General Counsel – Media for a360 Media, LLC in New York where she advises the company on defamation, privacy, intellectual property and publicity issues for a wide range of brands, including podcasts, tv specials, online publications and magazines.

Jed Weiner is Head of Corporate Practice at Mei & Mark LLP. He advises emerging and seasoned companies and investors in corporate finance transactions, mergers and acquisitions, joint ventures, board matters, corporate governance, corporate compliance and other issues. He is the founder of grIP Venture Studio.

Their expertise helps us understand how to face the current challenges of a 24/7 information-driven age.

 
 
Managing your photos on Google

Do you want to have content removed from Google? If you live in the U.S., your options are far different than if you live in Europe. Being an informed consumer will help you avoid making costly mistakes. These are tips for becoming one.

Review the “Terms of Use” or “User Terms” of the website where the content appears. Many sites no longer approve the publishing of inappropriate and defamatory content. So if such content does not meet their requirements, you or your representatives can email a request for it to be removed.  (Recently, we saw such content removed within minutes, though it can take longer.)

Become familiar with the U.S. Communications Decency Act, the primary U.S. law governing the Internet. It frees website owners for liability regarding what is posted on their sites. This law determines whether Google can or will honor your request to remove content.

Google’s Official Site for Removal Requests

Google provides consumers with this site to report content they believe warrants removal from the Internet: Removing Content From Google. On that site, Google states that whether or not content will be removed is “based on applicable laws.” By that, Google means the Communications Decency Act. If the content is protected by that law, Google will not remove the material.

The Lumen Database collects and analyzes legal complaints and requests for removal of online materials, helping Internet users to know their rights and understand the law. It is published by a collective of law schools, including Harvard. Lumen is an independent 3rd party research project studying cease and desist letters concerning online content. Its goals are to educate the public, to facilitate research about the different kinds of complaints and requests for removal–both legitimate and questionable–that are being sent to Internet publishers and service providers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect.  If you send a request to Google to remove content online, they may share it with Lumen to contribute to the body of publicly available information on the topic. 

(To learn how many dubious online reputation management providers gamed Google’s  content removal request system, check out The Wall Street Journal’s expose, Google Hides News, Tricked by Fake Claims. The reporters analyzed Lumen’s records to uncover thousands of fake requests and reported them to Google, which removed over 50,000 links as a result.)

Know Your Options in the Event of Defamatory Content

The article, An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet, by Christine Rafin, Esq., is a helpful guide. Check our our new YouTube video, too: Your Internet Legal Rights in the U.S. & Abroad: Online Reputation Management.

 
 
Reputation Communications: Reputation Risks Facing High Net Worth Families

Reputation Communications: Reputation Risks Facing High Net Worth Families

3-Part Briefing, August 5, 12 & 19, 2020

A three-part series of live, 30-minute briefings with reputation management, Internet law, investigations, due diligence and risk mitigation experts will take place on August 5, 12 and 19, 2020. Registration is free and may be made via the links below. The program will be held on Zoom.

Focusing on reputation risk facing high-net-worth families (HNWFs), the program is hosted by Reputation Communications and moderated by its founder and CEO, Shannon Wilkinson.

Participants include Don Aviv, President of Interfor International; Tim Murphy, President & CEO of Consortium Networks; David Niccolini, Co-Founder of TorchStone Global; Christine Rafin, Associate General Counsel – Media and Compliance at American Media in New York City; Dan Shefet, Individual Specialist to UNESCO, and Adviser to the Council of Europe on the Internet Ombudsman;  and an expert in Internet law; and Arun Rao, President of IGI.

“In a digital world, everyone faces reputation risk,” says Shannon Wilkinson. “But high-net-worth families and individuals face special scrutiny and a dangerous loss of privacy both online and off. Online personal and reputational attacks, threats and disparagement, unfounded allegations, disinformation campaigns, impersonation schemes, disturbing online threats, extortion, and harassment are some examples. These risks can impact all areas of their professional and personal life. Having served victims of such issues for a decade, I want to provide HNWFs with my own insight, as well as credible information from colleagues who are experienced in helping such families.”

Program details follow.

Wednesday, August 5: Alert: The Reputation Risk Setting Now.

Shannon Wilkinson will introduce the program and summarize the types of reputation risks HNWFs face, including generational ones, from family leaders to teens and college students.

David Niccolini will provide an overview of the current environment contributing to the aforementioned threats, examples of the types of risks HNWFs encounter now, and the importance of situational awareness.

Tim Murphy will introduce cybersecurity threats that are increasingly common and unique to HNWFs, including account takeover and ransomware attacks.

Click here to register for the August 5th briefing.

Wednesday, August 12: Alarm: Your Internet Legal Rights in the U.S. & Abroad.

Shannon Wilkinson will introduce the program and highlight the differences between American Internet and privacy laws and those in Europe and other countries.

Christine Rafin will summarize why consumers have so few Internet legal rights in the U.S., and address common questions relating to the removal of negative, defamatory and/or infringing material from the Internet.

Dan Shefet will explain how the “Right to Be Forgotten” law operates in Europe and Argentina; provide examples of the types of content that is removable on Google; and describe the privacy laws in Europe, which are far stronger than in the U.S. He will briefly address similar online privacy laws in other countries.

Click here to register for the August 12 briefing.

Wednesday, August 19: Adapt: Double-Due Diligence & Expert Intel.

Shannon Wilkinson will introduce the program and why the issues of due diligence and investigations are relevant in high-net-worth reputation risk cases.

Don Aviv will provide inside examples of the types of threats that due diligence has revealed, especially on the personal rather than organizational side of HNWFs.

Arun Rao will share insight into the types of reputation risk issues facing prominent public figures like elected officials, candidates for public office, entertainers, and high-profile executives. Key issues include investigating and addressing false allegations and “fake news.”

Click here to register for the August 19 briefing.

About the Speakers

Don Aviv: As president of Interfor International, Don has managed, led, and coordinated teams on thousands of due diligence and investigative cases, many with complex aspects and multinational reaches. He directly supports chief security officers and general counsel of some of the world’s leading corporations, financial institutions, and family offices.

Tim Murphy: Tim is a recognized leader in global cybersecurity and intelligence. In his previous role as Deputy Director of the FBI, and now as CEO of Consortium Networks, a cyber network and solutions firm, his experience covers all operational aspects of counterintelligence, criminal, cyber, and intelligence programs. He has experience in ensuring the technological and cybersecurity of companies, high-net-worth individuals and their family offices.

David Niccolini: David Niccolini co-founded TorchStone in 2010. The company has won numerous awards and has been featured in Forbes, The Wall Street Journal, CNN, the Washingtonian, and the PBS News Hour. Over the years, David has directed security, consulting, and investigative operations across six continents on behalf of families (to include Forbes 400) and multinational corporations (to include Fortune 50).

Christine Rafin: As Associate General Counsel – Media and Compliance at American Media, LLC, Christine advises on defamation, privacy, intellectual property and publicity issues for a wide range of brands, including podcasts, online publications and magazines from National Enquirer to US Weekly. Christine has extensive experience representing high net worth individuals in federal and state civil, commercial and regulatory matters. She is an expert in the rapidly-evolving fields of Internet law, digital marketing law, and data privacy and security law.

Arun Rao: As the President of IGI, Arun draws on his experience at the Department of Justice, the White House, and the New York County District Attorney’s Office to advise clients on crisis and risk management. Arun and his team provide concierge-level assistance to elected officials, candidates for office, entertainers, and other prominent individuals facing reputational attacks, threats, and disparagement.  As Principal of The Lenzner Firm (IGI’s affiliated law firm), Arun also provides counsel on potential legal remedies.

Dan Shefet: A French lawyer based in Paris, Dan Shefet holds a Philosophy Degree and a Law Degree from the University of Copenhagen. Specializing in European Law, Competition Law as well as Human Rights in general and in the IT environment in particular, he is a noted public speaker on IT Law, Data Privacy and Human Rights on the internet. In 2014 he founded the Association for Accountability and Internet Democracy (AAID) the main objective of which is to introduce a general principle of accountability on the internet.

Shannon Wilkinson: As the founder of Reputation Communications, one of the first firms in the online reputation management space, Shannon has advised numerous high-net-worth clients, including CEOs, business leaders, luxury brands, public figures, philanthropists, Forbes 400 and Forbes 500 clients, entertainment industry icons, FinTech leaders, tech founders, venture capitalists, and others. Reputation Communications is based in New York.

 
 
Managing online harassment

Paul Sullivan, the “Wealth Matters” columnist for The New York Times, has published an article detailing an online harassment campaign that resulted in a rare jail sentence for the businessman who masterminded it.

He paints a revealing picture about how fake blogs were created to post false, defamatory information designed to ruin the reputation of a respected hedge fund manager. Like so many such campaigns, it was planned as retaliation for a perceived wrong.

It started in 2014, when the perpetrator asked a blogger to launch a “negative internet P.R.” campaign. He directed him to use search strategies that would produce the articles when people searched for the target’s name. He also paid him to use online services to send out press releases containing the false information, then “contacted someone who specialized in ranking negative articles high in searches, asking for assurances that the campaign would keep the negative articles visible.”

Over the years, the articles spread across the internet and came up high in searches, creating substantial reputational harm to their target. After spending “several million dollars on legal bills and security experts,” and filing a court case, he won. The wrongdoer — who faced $2 million in legal bills for the criminal and related trials — was sentenced to nine months in a county jail for criminal harassment.

Related reading: An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet, by Christine Rafin, Esq.

What to Do When You Are the Victim of Online Defamation, By David Klein, Esq. & Christine Rafin, Esq.

Internet Legal Issues, our archive 

 
 
reputation management for lawyers

In our digital age of blog posts, social media and “going viral” on the Internet, what can one do when a comment is posted online about an individual – or that individual’s company – which is completely false? What happens when the post is anonymous or has a fictitious name associated with it?

Consider Your Options When You Uncover False Statements Online

Without knowing the identity of the perpetrator, there are certain steps that you can take toward getting the false statement removed from a website.

Most websites have Terms (i.e., terms and conditions, terms of use, terms of service, etc.) that prohibit the posting of defamatory material and include the website operator’s right to remove same.  Websites that offer consumers places to “vent” and post complaints about companies and individuals, such as RipOffReport.com and Complaints.com, usually require that users represent that the information they are posting is truthful and accurate.  Of course, there is no “gatekeeper” to confirm the truth or accuracy of any post at the time that it becomes available to the online world.

The First Step: Contact the Host Website

The first step towards removal of a false online statement is to contact the host website directly to notify it of the violation of its Terms and to demand that the false statement be removed.  You generally can find out who the registrant is of any given website by obtaining the relevant contact information through a WhoIs search on a registrar website, such as networksolutions.com.  Once this information is obtained, a carefully worded letter from your attorney to the registrant may result in the removal of the statement from the subject website.  Of course, issues may arise in accomplishing this goal because, for example, the Communications Decency Act generally protects Internet service providers (“ISPs”), hosts and websites from liability associated with speech that is posted on their websites, blogs, chat rooms, and even speech republished through search engines. Therefore, threatening litigation against an ISP or other online forum may fall on deaf ears.

If the website refuses to remove the defamatory statement, all is not lost.  In some instances, you can easily determine the identity of the perpetrator by the context of the statement (i.e., linking it to a consumer’s repeated complaints to the company, the Better Business Bureau or a state attorney general; or a disgruntled ex-employee’s statements about his or her former employer or boss, etc.).  In such cases, and in cases where the perpetrator is not anonymous, your attorney may contact the perpetrator directly and threaten to commence, and thereafter commence, litigation should the subject statement not be removed (or modified) directly by the perpetrator.

What Can You Do in the Case of the Totally Anonymous Perpetrator?

While there are multiple ways to cloak one’s identity online, it is difficult for the average person to be truly anonymous and untraceable. As such, there are usually ways of uncovering a perpetrator’s identity, although they may involve retaining experts.

Different legal avenues also can be pursued. Legal proceedings can be commenced against anonymous “John Doe” Internet users.  Once an action is filed, a subpoena can be served on the host website to obtain the Internet Protocol (“IP”) address of the perpetrator, as well as other personally identifiable information (“PII”).  The online forum where the subject post appears will generally provide the PII, particularly the IP address, in response to the subpoena, unless a motion to quash is filed.  Once the PII is provided, you can search the IP address to determine the location from where the defamatory statement was posted (i.e., the perpetrator’s home or work address).  You can also subpoena the ISP that assigned the IP address to discover the perpetrator’s identity.

In difficult cases, you likely will have to hire a forensic expert/cyber investigator to forensically track IP addresses, email addresses and other PII to uncover the actual perpetrator.  A good investigator should be able to discover who is behind the defamatory online statement(s) and link the information he or she uncovers to the information produce by the ISP in response to the subpoena.

If the Subject Statement Is of Public Interest and Not Truly “Defamatory,” Beware of the SLAPPback

SLAPP stands for Strategic Lawsuit Against Public Participation, which essentially is a lawsuit filed against a defendant in retaliation for speaking out on a public issue or controversy in, for example, a blog or social media.  True SLAPPs do not have a legal basis and are really aimed at intimidation and harassment – ultimately silencing individuals from voicing their opinions in a public setting.

A little over half of the states in the United States and District of Columbia have enacted “anti-SLAPP” legislation to protect an individual’s right to free speech and prevent such lawsuits.  “Public issues” include those involving celebrities, public officials and the financial solvency of large companies.

Anti-SLAPP statutes help defendants seek, and often obtain, early dismissal of SLAPP lawsuits.  They call for quick hearings on motions to strike complaints and can result in a discovery freeze to protect an anonymous defendant’s identity.

If a defendant is able to demonstrate that the SLAPP action was brought merely for harassment purposes, he or she may file a “SLAPPback” lawsuit against the plaintiff.  A “SLAPPback” is essentially a malicious prosecution action against the plaintiff that may seek punitive damages and damages for emotional distress.

What This All Means

If the defamatory statement is not of public interest about a public issue, there really is no SLAPP concern.  Of course, if the subject statement truly is defamatory and all of the elements of a defamation claim are present, there really is no SLAPP concern either way.  You are thus left with the task of uncloaking the perpetrator and getting all traces of the statement removed from the Internet.  While demand letters often work without the need to proceed to litigation, in difficult cases, your only option may be litigation.

If a court ultimately rules in your favor and finds that the statement is defamatory, you can serve the order on the various search engines, like Google, to have them remove defamatory pages from their search index.  While certain websites like RipOffReport may refuse to completely remove the original post, it has been our experience that they likely will redact the defamatory statements from the post itself.

About the Authors

David Klein is a partner in the New York City law firm Klein Moynihan Turco LLP (KMT), which advises clients ranging from multi-national corporations to technology start-ups.  He speaks and writes extensively on marketing, intellectual property, promotions and technology-related issues. 

Christine Rafin is an attorney specializing in Internet, communications and media law. She is General Counsel – MediaCo LLC in New York.

Related reading: An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet, by Christine Rafin, Esq.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.