Law firm Jackson Lewis, reports Robert J. Ambrogi on LEGAL BLOG WATCH, "delivered two nastygrams this week to two health industry blogs, demanding that they take down anonymous comments and hand over information to help identify the person who posted the comments."
The two blogs are CONFESSIONS OF A PEDIATRIC PRACTICE CONSULTANT and CHILMARK RESEARCH. Their response: No and No. The organization which perceives itself an alleged victim of cyber-bulling is the Healthcare Information Management and Systems Society.
Jackson Lewis might soon discover its move might have been exactly the wrong one. Its demands will be all over the net, attracting even more attention for the content it is trying to have vanish. That will include more of it splashed on search engines, more coverage of the dispute by media, and more side-taking.
Also, although the law might be on its side to find out the actual identity of the anonymous blogger, the legal process moves too slowly, with remedies available too trivial, to make a difference. That was chronicled in the March edition of PORTFOLIO. In his article "Slimed Online," David Margolick details the ordeal of two female Yale law students who were allegedly defamed on AUTOADMIT. Their legal moves got the two women little in settlements and seemingly less in satisfaction.
Jackson Lewis might have served its client more effectively if it had brought in a public relations consultant for advice. My hunch is this would have been the communications expert's recommendations:
- Wait. Frequently, a net controversy will vanish as quickly as it appeared. That's the nature of the medium of the Internet. That's why it's prudent to monitor the situation for signs of acceleration, making no response. Given the rapid pace of cyberspace, the attackers, if ignored, will probably move onto another target.
- If there is to be a response, it must be on one's own digital territory. That's why it's imperative to have a rumor-management plan in-place and one's digital sites already operating. Never ever respond on the sites of the attacker.
- If wrong, admit it, provide a sincere apology, and drop the matter. If right, present one's response.
- To contain the crisis, the response should be part of an overall message. That might be: We care about people. And show it. Staying within this message will eventually shut down the conversation. Meandering out of its parameters will open Pandora's Box.
- The tone should be conversational, not corporatese or even statesmanlike. Messages on the web will only resonate with a human voice. Tone is everything Download SavingSoulsJaneGenova.
- If the attack continues, the reason is usually that there is an unanswered question or that those engaged in the activity haven't gotten something they want. Drill down to uncovering any hanging issues or if it's useful to grant the attacker's demands.
- An excellent template for rumor management might be plaintiff attorney Bill Marler's blog. He's become a master at knowing when to hold and when to fold and how. In his communications, including his Congressional testimony, Marler is 100-percent conversational Download Testimonywaxmanfoodsafety. [Disclosure: I do digital editing for Marler Clark.]
This kind of strategic and tactical guidance about rumor-management on the net is contained in Bob Dilenschneider's public relations handbook to be published by the American Management Association in late Spring or early summer. Dilenschneider, founder of the global advisory firm The Dilenschneider Group [DGI], coaches leaders about the threats and opportunities presented on the web.
For the chapter on the communications dynamics and the legal implications of a net attack, Dilenschneider uses the former FBI Assistant Director Mark Mershon. The latter is currently a Senior Consultant with DGI. Former FBI! Yes, the issues embedded in alleged cyber-bullying are that serious, that complex, and that potentially catastrophic. Here is DGI's global trend report Download WorldinCrisisLookstoaNewEra. [Disclosure: I do digital writing for DGI.]
Observation: In alleged cyber-bullying, the counsel of the PR experts should trump the opining of the lawyers. [Disclosure: I make my living as a communications expert.]
Comments