Internet Defamation and Reputation Repair

We were conducting research for a book on the subject of internet defamation as it affects small business, and uncovered some astounding information.

I was amazed to find that in Australia alone, there is a dramatic increase in enquiries received by defamation lawyers from businesses seeking some form of redress because of internet defamation – in most cases, the businessmen are told that there is little that can be done (particularly if the offending party is not an Australian resident), unless you have plenty of cash to throw at the problem.

Even then, the chances of achieving a satisfactory result are remote. There is no definitive international law covering defamation, it is complex, and the capacity of the internet to cater for anonymous postings is becoming outrageous. In fact, in the US it is encouraged as a First Amendment right.

The extent of the problem in the US was subject of a comment on CBS just a few weeks ago, where it was said on The Early Show: “”One random, idiosyncratic piece of content about you on the Web could dominate your Google results forever….It’s such an issue: It affects people who are undeserving, people who are sort of using bad judgment, all kinds of different people.” What’s worse, legal recourse is murky at best,

“The law hasn’t caught up yet with privacy. The Internet has really changed the privacy landscape in a big way and the law hasn’t yet caught up with it. It’s lagging behind, so far.”

As one online commentator put it recently “E-Venge seems like a good name for it. If you think about it – it is a cowardly act. They hide out behind their computers and just strike their keypads – usually anonymously.”

Online defamation has become a serious and widespread problem, thanks to the ease with which disgruntled employees or competitors can create several anonymous identities and post negative comments on discussion boards and blogs.

Not only that, see what happens when you ‘Google” the term ‘reputation repair websites’! literally HUNDREDS of sites that will repair your reputation for a healthy fee! Reputation Repair has become a booming industry…and who is feeding that industry? SME’s (small to medium enterprises) around the world.

I am following the progress recently of a particularly unusual story where a small business was subject of blatant blackmail by an offshore resident for over a year. Complaints were recorded by the Australian Federal Police and Interpol, but nothing could be done because the perpetrator was not within Australian jurisdiction.

It appears that the businessman found a little-known quirk in our defamation laws that enabled him to persuate Google to remove a total of 18 defamatory postings (yes, that’s right – 18 postings) from its search indexwithin a week. And that is after more than a year of trying to get rectification through normal legal channels.

So there is hope after all for small business, and we would love to hear your stories. Please let us know if you have been affected by internet defamation and how you have gone about getting redress.

Let’s see if we can work together to help SME’s feel that they can do something, rather than feeling powerless in the face of this cyberspace phenomenon.

please post your comments through our enquiries page

Using cheques safely and how to avoid getting conned.

How to eliminate the `risks’ in receiving and paying by cheque.

Although other methods of paying bills are gaining in popularity (eg EFTPOS, telephone banking, internet banking) cheques are still being used. However, the law about “crossing” cheques was changed in 1996.

As protection from your cheques being cashed by someone other than the person the cheque is made out to . . . you should print the words ‘Not Transferable’ or ‘Account Payee Only across the centre of the cheque. Crossing like this with ‘Not Transferable’, or ‘Account Payee’ (A/C Payee) means that the cheque can’t be cashed and used by someone else.

A cheque marked as ‘Account Payee’ can only be paid into the bank account held by the person it is made out to. Some people write ‘only’ after A/C payee.

This makes it clearer to the person receiving the cheque, and this will help reduce cheque fraud, as anyone using the cheque can only put it into the account named on the cheque. But because only the person named on the cheque can bank it, it is very important that the name is written correctly and exactly as the name appears on the account it is being paid into.

Not-negotiable cheques are not the same as ‘Non Transferable’. A cheque marked ‘Not’ or ‘Non Negotiable’ can be transferred to someone other than the person it is made out to. But it still has to be paid into a bank account. Don’t accept a ‘Non Transferable’ cheque made out to someone else. Don’t accept a ‘Non Transferable’ or ‘Account Payee’ cheque if it has been transferred to you. Only accept it if it has been made out to you in the first place.

Make sure your name is written correctly, as it must be the same name as your bank account. For example: imagine you were selling your car over the weekend and the buyer didn’t have enough cash, but, they offered you their wage or pay cheque instead.

If it’s a ‘Non Transferable’ cheque your bank could decline to take it. Then you’d have to track down the buyer and get them to pay you again. (Good Luck)

Cash cheques — writing a cheque out to ‘cash’ means that anyone can cash it for the sum it is written out for. It does not have to be paid into a bank account. This can be done for someone who may not have a bank account so don’t also cross the cheque with ‘non transferable’ or ‘A/C payee’. But also be aware that if a cash cheque is lost, anyone could bank it. Treat a `cash’ cheque as if it were actual dollar notes and don’t lose it!

If you just abide by a few simple rules then using cheques is still a safe form of using your money.

Written by R.P.Emery

Taken from Legal Guide