Far from being hostile to such online secrecy, the courts have held that careful safeguards to protect anonymous online speech are important to preserve “the robust exchange of ideas and allows individuals to express themselves freely without fear of economic or official retaliation concern about social ostracism.”Īs in the traditional offline arena, some categories of speech, such as fighting words, obscenities, and false statements, are not protected by the First Amendment. The right to free speech online also includes a right to remain anonymous. Internet speech is generally granted the same protection as traditional offline speech that is, most types of speech on the internet are protected to some degree. To pursue a claim against an anonymous online user, you must first understand the First Amendment protection afforded online speech. Understanding The First Amendment and Anonymous Online Speech The danger lies in the very nature of the internet, as “any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox.” When that voice spreads false information, interferes with your business, or divulges your trade secrets, what can you do to identify the anonymous user and hold them liable for the harm caused? In fact, many companies employ full time personnel solely to manage their social media presence.īut monitoring your online reputation becomes even more critical when an anonymous user (aka a “troll”) begins posting harmful or false information.

You must actively control information about your products, address negative reviews, optimize search engines, and improve your customers’ online experience. In fact, consumers cite negative online ratings and reviews as the second greatest reason not to consider a local business for products or services, behind only high prices.īecause consumers consistently turn to online resources to determine whether to do business with you, managing your online reputation is an essential task. Small and local businesses are not immune to the internet’s influence, as nearly 40% of consumers seek out online testimonials, ratings, or reviews to evaluate when considering whether to engage a local business for products or services. The average consumer reviews three online sources for information before soliciting a local business, typically: a search engine, the business’s website, and a website containing reviews or testimonials. A recent study revealed that approximately 80% of American consumers buy products online, and 74% of consumers think it is extremely or somewhat important to read online reviews before making a purchasing decision.

No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face.

Obvious troll is obvious