There is a really interesting test case going through the US courts at the moment on whether social media should be governed by the same libel laws as conventional media and conversely whether electronic conversations between private individuals, even if they are conducted in public, are protected by the right of free speech.
In May, Chicago resident Amanda Bonnen sent a tweet to friends, criticising her landlords, Horizon Realty Group. She followed this with lawsuit against the company. Horizon, described by one paper as ‘the dumbest company on earth”, responded by suing Bonnen for libel, after unearthing the offending tweet during a due diligence search. Bonnen then made the counter-claim that her tweet should be covered by the same rights of free speech that protect private conversations between individuals.
Predictably the US lawyers and media have had a field day with this issues, dragging up historical Supreme Court Rulings and questioning whether traditional libel laws can be applied to the world of social media. Horizon, despite some furious back tracking in the media, has discovered like most businesses that suing your customers is not the best way to protect your corporate reputation.