The Chron looks at the minefield of posting your views on websites
WHEN writing for a newspaper, a million points of consideration shoot through the mind when bashing out a story on a computer keyboard.
Journalists have to ensure that sources of facts are credible, that the piece they have written is not defaming anyone, is not prejudicing an ongoing criminal trial or other court case, is not naming someone who cannot legally be named and is not impacting on a business through the slapdash use of misinformation known as malicious falsehood.
When writing a piece on Twitter, Facebook, TripAdvisor or any number of other websites which allow viewpoints to be expressed, the information written by some users can be much less considered.
Comments can often be dashed out in typeface through revenge, humour, anger or plain and simple gossip.
Although some may be well aware of the rules behind publishing to a third party, many are not, and the consequences of hasty internet commentary can become painfully evident, legal or otherwise.
Parvien Akhtar is a partner in the firm Quality Solicitors Wilson Browne, which has an office in Northampton.
She mentioned one case she had encountered in recent years whereby a man was sued £25,000 for making defamatory remarks against another person on a gaming website.
Although both men had not been identified on the site, the libelled person was able to do so because he had identified himself on another website. When a libellous comment is made about someone who can be identified in any way legal action can be taken.
She said some people can fall into the trap of believing they are safe to make defamatory remarks because they use an online alias.
But this is not the case.
She said: “There isn’t enough awareness in the general public. I think a lot more cases will be pursued in the future. Someone contacted me to say that someone had gone onto Facebook and said they were a bad parent. Nowadays people have more options for doing something about it.”
Parvien said that anyone with financial assets needs to be particularly careful with what they say online as people will have more reason to sue if something inappropriate is said.
She said: “I would say to people be conscious about what you put out there as, once it is out there, it might not be retractable. Also, don’t put anything out there unless you know it is true. If you make a claim you have to be able to prove it, the burden of proof isn’t on the other person, it is on you.”
Other consequences of online comments and reviews can also be the possibility of interference with court cases. Recently, another Twitter storm unfolded over footballer Joey Barton’s comments about John Terry’s racism trial.
Legal aspects aside, some online comments can have more of a human impact in terms of affecting the public perception of people’s businesses, in a good or a bad way. Earlier this month the Advertising Standards Authority criticised the travel website TripAdvisor, saying that it cannot claim that reviews on the site are by genuine travellers.
According to a BBC report, TripAdvisor responded saying that 100 per cent certainty had never been guaranteed and the website users had to use common sense.
It is perhaps stating the obvious to say that online commenting and reviews have become increasingly popular as the internet age has unfolded. But why do so many millions of people worldwide feel the need to comment, retort, retaliate or simply express their opinions through their computers?
Psychologist Richard Alexander, of the Richard Alexander Partnership in Northampton, said: “People want other people to know what their views are and that they are right, to get some assurance that other people agree with them. You want some reassurance that your thinking is right. Having someone else saying that backs up what they believe.”
He continued: “Some people are opinion leaders. There are certain people in a workplace situation who other people look towards for an opinion. These people are influential in a workplace and I would imagine that would also work on the internet, the way that some people write is more persuasive and effective than others.”
The impact of online reviews
When it comes to online reviews, most people will cite freedom of speech as a major reason why internet users should be allowed to express themselves online.
Websites such as TripAdvisor are now widely used by people keen to find out the public’s views on certain bed and breakfasts, hotels and restaurants.
But the comments made can have an impact for the businesses they are discussing, whether positive or negative.
The Chron caught up with some of the Northamptonshire businesses mentioned in online reviews to find out what they think of the system of online reviewing.
Hao Dang, owner of Dang’s Vietnamese restaurant in Wellingborough Road, says she believes sites like TripAdvisor have their advantages and disadvantages.
She said: “With any restaurant and any business reviews out there, you will always get good and bad reviews. The vast majority are good ones but you can get a few which are not so good and you can wonder if it is genuine of if it is someone just being spiteful and trying to give you a bad name.
“But the vast majority will give you genuine views anyway. It is good to have these sites as it does give people an idea of what you are like as a business, whether you are respected and whether you have a good or bad reputation. If you did have control over the reviews, as to what was being said about your business, I’m not sure if that would be a good idea as it means you have control over what is going on there so you would only be selecting good reviews.”
Although Hao’s business is doing well in terms of positive online reviews, she has not responded to the occasional negative online comments, preferring to respond directly to people who contact her via phone or email.
She said; “I would like to respond to reviews but it is finding the time. Someone perhaps could say they are not happy with the food or service and it is good to be able to respond to them and ask them why they are not happy. But if you respond you could be going backward and forward and it could be endless. You could end up in a debate which could spiral out of control.
“I do know that some people read the reviews on websites and luckily for us the vast majority of customers through our doors come through recommendations.”
Naz Islam, who owns several food businesses in Northampton including Saffron in Castilian Street, said: “I think it is a good thing as we have had so many good reports about our restaurants on Yell and Google. I think people know sometimes if people write nasty things that they have to judge for themselves. And, if they are good comments, they help the restaurant.”
Les Pike, owner of Brixworth’s Coach and Horses inn, said: “They can be good or can be bad. We have had some very good reviews but you can get someone who doesn’t like your establishment. But if you get six good reviews and one bad one you have to read between the lines.
“I wouldn’t get into an argument. I have been doing this for 20 years and last year was voted in the top 10 by TripAdvisor for accommodation and food, but people could come to us – we are an old coaching inn – and say we are a bit old fashioned. You just can’t please everyone. I think you have to look at a minimum of six reviews at least.
“I went to Dubai last year and read some reviews from which I thought I had picked a horrible hotel but it was one of the nicest I could have gone to.”
He continued: “It can make or break but if you started worrying about it you could end up having a nervous breakdown as there is nothing you can do, you just have to try your hardest.”
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