Would you say it on paper?
Would You Say It on Paper? Defamation in the Age of Social Media, Lessons for Every Small Business Owner
Imagine this.
You’ve just posted a comment on a LinkedIn post, maybe a quick reply to a trending post, a frustrated reaction to a news story or even a bit of industry gossip.
You forget about it… until a few hours later your phone starts going mental.
Someone’s threatening legal action.
Sounds a bit extreme? It happens more often than you’d think and not always to people you might class as “behaving badly” online. When you run a small business, your reputation is everything. But in the fast-moving world of social media, it’s easy to forget that what you type, share or comment on carries the same legal weight as words printed in a national newspaper.
That was the focus of our recent Future-Proof Club® masterclass with the brilliant Rachel Spencer, a former journalist, visibility coach and member of the Club®. Rachel joined us to unpack what every small business owner needs to know about defamation law and how it applies to the way we communicate online.
Her message was clear: you don’t have to be reckless to get caught out. Often it’s quick comments, shares or “harmless” opinions that create the biggest risks.
Defamation Act 2013
“A statement is not defamatory unless it has caused or is likely to cause serious harm to someone's reputation”
What is defamation and why should you care?
A statement is defamatory if it seriously harms someone’s reputation by:
Exposing them to hatred or contempt
Causing them to be avoided
Lowering them in public estimation
Harming their business or profession
If it’s untrue and it’s seen by at least one other person, you could be in trouble. And crucially, you don’t even need to name someone directly. If reasonable people could work out who you’re talking about, it can still be defamatory.
The real-world risks for small businesses
Rachel shared several powerful (and sobering) examples of how defamation plays out online:
Business disputes spilling onto Facebook. A disagreement in a beauty pageant business escalated into public posts. Even though names weren’t always used, screenshots were used as evidence and a High Court ruled in favour of the victim.
Sharing someone else’s words. Under the “repetition rule”, every time a defamatory statement is repeated, it’s a fresh offence. That means sharing or reposting something harmful about someone else can land you in the same legal hot water.
Cryptic posts that aren’t so cryptic. “Vague-booking” isn’t a defence. If people can figure out who you mean, you’re still liable.
The bottom line? A post in your Instagram Stories is treated the same as a headline in The Daily Telegraph.
The three legal defences you can use
It’s not all one-sided though, the law also protects you if you’re telling the truth or acting in the public interest. Rachel explained the three main defences to a defamation claim:
Truth. You can prove what you’ve said is factually accurate.
Honest opinion. Your opinion is clearly presented as such, based on provable facts.
Public interest. Publishing the information benefits the public (e.g., exposing unsafe practices, preventing harm).
However, these defences only stand if you can back up what you’ve said with evidence.
Protecting your business and reputation
Rachel’s advice was as much about prevention as it was about defence:
Think before you post. If you wouldn’t say it in a live TV interview or want to see it printed on the front page of a national paper, don’t post it.
Avoid commenting in anger. Emotional responses often escalate situations.
Don’t repeat harmful claims. Even if you’re “just sharing” someone else’s content, you take on the same liability.
Document everything. If you’re on the receiving end of a false claim, screenshot it and keep records of all communication.
Respond calmly. If you must respond publicly, prepare one clear, professional statement and use it consistently.
If it happens to you
We also explored what to do if you’re the target of defamation:
Document. Screenshot posts, comments and messages.
Stay calm. Avoid firing back in the heat of the moment.
Prepare a statement. Clearly refute the false claim without being inflammatory.
Take it offline. Contact the person directly to resolve the matter.
Rally your supporters. Loyal customers often step in to defend you when they see you’ve handled things professionally.
The “Should I Get Involved?” checklist
Finally, Rachel shared a useful framework for deciding whether to join a public conversation online:
Does this align with my values?
Am I informed enough to comment?
Will it help my audience or confuse them?
Am I sharing to add value – or because I feel I “should”?
Sometimes the most professional choice is to step back. Other times, presenting the facts calmly and clearly can be the right move.
Why this should be part of your crisis communications strategy
What Rachel shared isn’t just useful for avoiding legal trouble, it’s also an important part of a crisis communications strategy for your business.
When I work with clients on this, we:
Measure the risk - spotting where you might be most vulnerable online
Develop a strategy - preventing problems before they start
Create a toolkit - ready-made responses, processes and steps to take if something does happen, so you can respond calmly and appropriately
Having this in place means you’re not scrambling in the heat of the moment. Instead, you’re equipped to handle challenges with integrity, professionalism and urgency. Protecting both your reputation and your peace of mind.
Key takeaways for small business owners
Treat every post, share and comment as if it were going into print.
The law applies just as much to social media as it does to newspapers.
You can defend yourself with truth, honest opinion and public interest, but only if you have evidence.
Avoid getting caught up in online drama, it’s rarely worth it.
Build defamation awareness into your crisis communications plan so you’re ready to act fast and well if you need to.
Rachel’s session was a reminder that in business, how you communicate matters as much as what you offer.
Make it stand out
If you’d like to find out more from the brilliant Rachel Spencer on this topic, then you can listen to her podcast episode: Navigating controversy in your pet business