Attacking cybersmearers might not get what you expect. Consider what happened to entertainer Barbra Streisand a few years ago when she tried to suppress the distribution of photos of her Malibu home. Streisand’s efforts generated an avalanche of negative publicity and more attention than she wanted. This phenomenon – in which attempts to censor or conceal information end up drawing more attention to the information, usually facilitated by the Internet – has since been coined the “Streisand Effect.”
Without a doubt, many legal claims against online critics are weak or subject to significant legal hurdles. Suing can have counterproductive results. Dangers include: generating web traffic to little-noticed sites; creating “David versus Goliath” scenarios; drawing countersuits; or exposing yourself to legal fees under “Anti-SLAPP” laws (A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.) Not to mention, you embolden critics and fuel fires that might otherwise have extinguished.
A classic “basement blogger” had criticized the Maine Office of Tourism on his blog, which had modest traffic at the time. The agency sued him on some questionable claims, using taxpayer dollars. The web community rallied to his defense, he obtained pro bono counsel from my firm, the story went viral, and traffic on his blog skyrocketed. The result: the case was quickly dropped, and he ended up with a job running Internet campaign efforts for a U.S. Senator. The tourism agency officials resigned. You don’t want any of this to happen to you. Some proven guidelines:
An attorney with Greenberg Traurig’s Orlando, FL office, Gregory Herbert has litigated and counseled clients in the areas of intellectual property law, media/First Amendment law, Internet law, eCommerce, entertainment law and complex commercial litigation.
Read: https://www.gtlaw.com/People/Gregory-W-Herbert
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