How to Gripe Online: Call First, Tweet Later
March 1, 2010, CIO Magazine

Businesses operating online face a rising challenge from angry consumers who are increasingly using social networking sites and other tools to broadcast their complaints across the Internet.

Such consumers are best advised to think before they write. If reviews and tweets seem extreme, the business owner might assume that it is a competitor trying to gain an advantage. What's more, consumers can be sued. It's not terribly likely, says Bijal Vakil, a partner with the law firm of White & Case in Palo Alto, Calif., but it does happen.

If you're a business thinking about suing the host of a site or service provider whose service enables a consumer to post a review you consider defamatory, you won't succeed, says Vakil. "Providers of interactive services are only liable for the speech that is properly attributable to them. This type of policy is designed to encourage vibrant and free communication of ideas on the Internet," he says.