Anti Defamation Clause – Protect your Reputation

Disclaimer: I am not a lawyer. My post should not be considered as a substitute for legal advice. Use your own discretion.

Recently i have added a new clause to my service contract. The clause to protect myself from ‘libel’ and ‘slander’. libel is defamation done through written words and ‘slander’ is defamation done through spoken words. Defamation is a term used for any statement that hurts your reputation. This statement can be in writing, spoken words or even pictured. So when on a social medium like forum, a person accuses a company of rip-off , then the statement can be considered to libel. A libel is generally considered to be more offending/harmful than a slander as it has a longer life (it remains as written words unless removed). This mean you can claim for high damages in case of ‘libel’.

How to establish defamation occurred?

1. Prove that defamatory statement was published i.e. made public. In case of ‘libel’, screen shorts work well. In case of ‘slander’, audio or video recording works well.

2. Prove that defamatory statement is false. If you are not able to prove that, you are not entitled for any damages. Go home, eat burger and forget.

3.Prove that defamatory statement injured your reputation like you lost clients, chucked out by the wife, thrown out from the family,  kicked out of the society. You got my point.

 

What to do next?

In reality it is not easy to prove defamation. Because the law guys have to protect ‘freedom of speech’ too and they don’t want people to live in a constant fear of being sued by someone for making a statement in public.  However this is all the inside story and only for you. On the surface even threats of ‘defamation’ lawsuit give creeps and we can take advantage of that fear by including ‘anti defamation clause’ in the service contract. The aim is to avert the client to not to defame you publicly and not to actually go ahead and sue him. This is the lingo which you can copy paste in your contract:

Client agree not to attack/criticize [Your Company Name] and any of its employee, associate or partner publicly (on public forums, blogs, social networks etc) at any time during or subsequent to contract period. Similarly client agrees not to seek for seo advice on seo forums, blogs, community groups or any social media in a way which brings bad name to the company or any of its employee, associate or partner. In case of breach of this clause, client agrees to pay US$ ________ to [Your Company Name] as damages.

To know more about contract laws:

If anyone has more information about the anti defamation clause, please share.

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What is the difference between Digital Analytics and Google Analytics?


99.99% of course creators themselves don’t know the difference between Digital analytics, Google Analytics (GA) and Google Tag Manager (GTM).

So they are teaching GA and GTM in the name of teaching Digital analytics.

They just copy each other. Monkey see, monkey do.

But Digital analytics is not about GA, GTM.

It is about analyzing and interpreting data, setting up goals, strategies and KPIs.

It’s about creating strategic roadmap for your business.


Digital Analytics is the core skill. Google Analytics is just a tool used to implement ‘Digital Analytics’.

You can also implement ‘Digital analytics’ via other tools like ‘adobe analytics’, ‘kissmetrics’ etc.

Using Google Analytics without the good understanding of ‘Digital analytics’ is like driving around in a car, in a big city without understanding the traffic rules and road signs.

You are either likely to end up somewhere other than your destination or you get involved in an accident.


You learn data analysis and interpretation from Digital analytics and not from Google Analytics.

The direction in which your analysis will move, will determine the direction in which your marketing campaigns and eventually your company will move to get the highest possible return on investment.

You get that direction from ‘Digital analytics’ and not from ‘Google Analytics’.


You learn to set up KPIs, strategies and measurement framework for your business from ‘Digital analytics’ and not from ‘Google Analytics’.

So if you are taking a course only on 'Digital Analytics’, you are learning to use one of the tools of ‘Digital analytics’. You are not learning the ‘Digital analytics’ itself.

Since any person can learn to use Google Analytics in couple of weeks, you do no get any competitive advantage in the marketplace just by knowing GA.

You need to know lot more than GA in order to work in digital analytics and marketing field.


So what I have done, if you are interested, is I have put together a completely free training that will teach you exactly how I have been able to leverage digital analytics to generate floods of news sales and customers and how you can literally copy what I have done to get similar results.

You can sign up for the free training here: https://learn.optimizesmart.com/registration-web-class

I truly hope you find it helpful.  

My best selling books on Digital Analytics and Conversion Optimization

Maths and Stats for Web Analytics and Conversion Optimization
This expert guide will teach you how to leverage the knowledge of maths and statistics in order to accurately interpret data and take actions, which can quickly improve the bottom-line of your online business.

Master the Essentials of Email Marketing Analytics
This book focuses solely on the ‘analytics’ that power your email marketing optimization program and will help you dramatically reduce your cost per acquisition and increase marketing ROI by tracking the performance of the various KPIs and metrics used for email marketing.

Attribution Modelling in Google Analytics and Beyond
Attribution modelling is the process of determining the most effective marketing channels for investment. This book has been written to help you implement attribution modelling. It will teach you how to leverage the knowledge of attribution modelling in order to allocate marketing budget and understand buying behaviour.

Attribution Modelling in Google Ads and Facebook
This book has been written to help you implement attribution modelling in Google Ads (Google AdWords) and Facebook. It will teach you, how to leverage the knowledge of attribution modelling in order to understand the customer purchasing journey and determine the most effective marketing channels for investment.

Himanshu Sharma

Digital Marketing Consultant and Founder of Optimizesmart.com

Himanshu helps business owners and marketing professionals in generating more sales and ROI by fixing their website tracking issues, helping them understand their true customers purchase journey and helping them determine the most effective marketing channels for investment.

He has over 12 years experience in digital analytics and digital marketing.

He was nominated for the Digital Analytics Association's Awards for Excellence.

The Digital Analytics Association is a world renowned not-for-profit association which helps organisations overcome the challenges of data acquisition and application.

He is the author of four best-selling books on analytics and conversion optimization:

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