Defamation in a Nutshell

The goal is always to protect your company’s reputation. What constitutes libel or defamation? Any false statement about your company that checks the following boxes:

1. The statement must be published or communicated to someone who is not the target of the statement.
2. The statement must be false. Truth is an absolute defense.
3. The statement must be damaging to the company’s reputation.

The key here is to understand the scope of these generalities. Who exactly is the “company” you are trying to protect your reputation of? It could be the company itself or its board of directors, principal shareholders, or promising employees. Does the company come out looking bad in the slanderous content? If so, then it is slanderous without the company being the targeted victim.

The Lawsuit Process

If a company can sue for defamation and, as explained, the fundamentals of this process are complex. Your company will want to retain an attorney who understands both the legal issues and the creative possibilities for resolving a libel or defamation problem. He or she should also be well versed in strategy. A direct suit may be necessary; however, it may not be the best choice. A lawyer will work with you to develop a game plan to combat this problem.

At one end of the spectrum, you may be able to defend your reputation through a simple correction or retraction process. At the other end of the spectrum, the lawsuit may be the only answer. In almost all instances, you will need to develop a creative solution to the problem.

Turning to Creative Solutions

You face every bit as much reputational damage from the publishing of defamation content as would an individual citizen. Part of the solution is to combat the negative press by creating positive, compelling solutions and distributing those good works to as wide an audience as the reported libel reached. At every step, you will need to seize upon the creative process to maximize your reputation.

Incorporating Creative Storytelling to Combat Slander and Libel

Much like using art to solve complicated problems, we must go through the creative process to come up with a solution to a defamation problem. The first step in the creative process is to identify the scope of the problem – you and the attorney for your company should do this together.

Next, you will need to phase out a list of negative repercussions of your problem and a list of creative strategies to combat it. Give each of your strategies an estimated cost and anticipated time frame – identify your budget.

Finally, begin the implementation process. Use every strategy listed above to maximize its effectiveness. You need to be passionate about your selected strategies for them to work. Communicate freely and positively with your stakeholders to build confidence throughout the system.

You Never Stand Alone – Defamation and Creative Professionals

This is an important part of our overview because you do not have to go through this process alone – and neither does your company. Work with your attorney at every level in the development and implementation of the solution. You may also want to work with a creative professional, such as a graphic designer or digital forensics expert, to help build your strategy.

A Creative Attorney on Your Side

Every detail of your strategy is your decision, but make it with forethought and against a background of knowledge and expertise. Rather than simply litigate – as many companies do – get ahead of the problem and marshal in your defense process a unique and custom approach. At this stage, a lawyer can help guide this process and step in to make sure problems are avoided and obstacles swiftly overcome.