Don’t be a twit: Be careful what you tweet (or even retweet)

retweetI recently had a stark reminder of the potentially costly dangers lurking on social media.

It wasn’t even something I’d posted myself on Twitter, but just a simple and stupid retweet which brought the threat of legal action rushing into my inbox the next morning.

“RETWEETING A FALSE AND DEFAMATORY TWEET” the headline of the email read.

It was then explained to me, by the subject of the tweet, that the person who posted the original information – an anonymous person – had made an allegedly “fabricated allegation”.

Having been identified as one of the handful of people who had retweeted the provocative tweet, I was then invited to “provide proof” of the material I had in effect republished through the simple click of a mouse.

“I look forward to your apology and immediate removal of such retweet” – the email ended by saying.

Of course I had no proof and nor did I wish to be sued so I hastily undid my retweet and wrote an apology to the person who had contacted me.

It was the obvious and sensible thing to do.

legal letter2

I have always been aware that you can be sued – and many have – for what you say on social media, and because of that I am quite careful not to put myself in the firing line.

But on this occasion my good sense deserted me, though I do recall a mental warning bell tinkling in the background at the moment I hovered over the retweet icon.

Thankfully, the aggrieved party was satisfied with my sincere apology and removal of the offending retweet, much to my relief and chagrin.

Now that the shock has worn off,  I am now deeply cognisant of what I tweet and retweet, post and share online. (What a strange world we live in!) and of course what I write on this blog.

In that regard, it still amazes me what people say about, and to one another on social media , often without hiding their identity at all.

It’s very brazen and defamatory stuff (most of which would never be uttered face-to-face in the ‘real world’) and carries with it the very real threat of a costly lawsuit should the subject of derision be upset enough to take action.

Indeed, there are many examples of people who have been sued, sacked or had their reputations damaged or destroyed by the things they have tweeted, posted and retweeted on the plethora of social media platforms that now dominate daily life.

Just type in “defamation + social media” into Google and you will find plenty of good reading material.

There is of course a very obvious reason why people sue others for what they say on social media and the word is ‘viral’. (Just ask this poor woman).

Information posted on these platforms can spread like wildfire via retweets, shares and likes. This phenomenon occurs everyday when unlikely tweets and posts start ‘trending’.

This point was highlighted by a judge in the first social media defamation case in Australia to proceed to full trial in 2013. In this case, the plaintiff – a high school music teacher – was awarded $105,000 in damages and costs after a former student at the school made false allegations about her on Twitter and Facebook.

District Court Judge Michael Elkaim remarked in his March 2014 judgement of Mickle v Farley that ” when defamatory publications are made on social media it is common knowledge that they spread”

“They are spread easily by the simple manipulation of mobile phones and computers. Their evil lies in the grapevine effect that stems from the use of this type of communication. I have taken that into account in the assessment of damages that I previously made,” the judge said.

This case, and many others around the world, should serve as a warning to anyone about the care one should take in how we represent ourselves online. Certainly tweeting or posting while drunk or mad with rage is not a good idea!

Even if you are rich and can afford a costly legal battle, there is also the potential damage to your reputation – just ask this famous billionaire.

Be careful what you tweet.

 

 

 

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Dealing with my Twitter addiction or: please be kind and retweet

twitterHello world. My name is Larry Schlesinger and I am an addict.

It’s not crack cocaine, or alcohol or heroin or chocolate that I can’t get enough of.

I am addicted to Twitter. I make this confession openly and honestly and promise to change.

I realised I was addicted to Twitter – really realised – when I sat down on a Tuesday evening last week in front of the television to watch an episode of my favourite show, the UK detective drama Midsomer Murders. As the killer was unmasked by Detective Inspector Tom Barnaby of Causton CID, I was completely clueless as to how the great sleuth had reached this stunning conclusion (Who would have thought it was the priest with a limp in love with his brother’s ex-girlfriend?)

The truth was I had completely lost track of the plot, Christ, I didn’t even know who the main characters were anymore.

It was all because of Twitter.

It seemed impossible that I could go more than 15 minutes of a Midsomer murder (in some quaint flower-encrusted cottage) before, with sweaty palms and gritting teeth, I yanked my phone out of my pocket and ravenously checked the updates on my Twitter feed.

Had I missed something? An explosion? A plane crash? A new government crisis? Had Tony Abbott spontaneously combusted? Had someone cooked a hamburger all by themselves? Or remembered the name of their dead pet parrot? Or decided they liked the colour blue more than red?

How could I possibly go on watching Barnaby as he traipsed through the English countryside finding clues while all these important things were happening in the lives of others – some of whom I don’t even know?

And then the utter ludicrousness of it dawned on me.What the f-ck was I doing? Had I gone mad?

Yes, Twitter is without any doubt the most powerful social media device in the world bar none – I realised this the day someone at work yelled out: “Someone has just tweeted that Oscar Pistorious has been arrested for shooting his girlfriend” – but the addiction (and the envy: he has how many followers???) came much later.

Never mind breaking news about really significant events – where Twitter has its true power – I had to know the insignificant minutiae of everybody else’s lives – and tell my eager 1,500 or so followers all the boring crap about my own. Had it really come to this?

Of course I am not the only one addicted like a twit. There are millions of us updating the world about ourselves, 140 characters at time. We’ve all become experts at the “#” and “@”. We know what’s trending. We know who said what to whom.

Get on any train in Melbourne or Sydney or Paris or London, or a bus in Dar-es-Salaam of Caracas, or a camel in Morocco and there will be someone tweeting or retweeting or favouriting or replying.

The kind of crap you used to mutter to yourself on a lonely stretch of highway as the tumbleweeds drifted buy  – that’s what’s become breaking news in the Twit-o-sphere.

– I just saw a dog that looked like my grandpa. Better tweet that.
– What a beautiful row of palm trees. Better tweet that. Etc etc.

I am pleased to say I am dealing with my addiction, though temptation is the route of all smart phone evil.

For the last two days, there has been no Twitter and no inane tweeting after work. I’ve actually given my wife and my daughter my full attention between the hours of 6.30pm and 8.30pm. It’s been a struggle, my palms have been itchy, my fingers twitching, seeking out the phone I’ve stuck in a locked drawer, but I’ve managed…somehow.

Home in the evening has become a Twitter-free zone, especially as the bodies start dropping all of over Midsomer County, the deadliest county in England.

Baby steps, Baby steps…each day is a struggle, but I think it is getting easier.

I’m so pleased with myself, so delighted with my progress that I think I’ll celebrate. Yes, this is what I will do: I’ll compose a little congratulatory message to all my ‘friends’.

Exactly 140 characters.