Who is affected by E-reputation?
Legal persons – Companies
- Hotels – Restaurants
- Ecommerce websites
- Large companies: example: The pick
Natural persons – Individuals
- Business leaders
- The personalities of sport, music etc …
- Politics
- …
Build your E-reputation
The image is essential.
- Building your E-reputation has become a real marketing strategy
- Both for a legal person and for a natural person
Monitor your E-reputation
There are several ways to monitor what is said about either
Eve is essential. It allows you to intervene quickly and defend your rights more easily.
There are many automatic ways to monitor social media.
Monitor the results of the 1st page of google
Get into the habit of entering your name, brand, and checking the results on the first two pages of Google. A very simple, free and effective way: GOOGLE ALERT
Monitor social networks
Information circulates very quickly on social networks. Twitter, Facebook, Instagram … There are tools that allow automatic monitoring.
Managing a crisis situation
Mostly ! avoid the Silence Strategy!
Differentiating between defamation, insult and bashing
This is the heart of the profession for the lawyer in E-reputation
DEFAMATION and CURSE: Concerns people
are press offenses
Jean-Pierre TECAULT is a fool: Insult
Jean-Pierre TECAULT is a scammer: Defamation
POVERTY: Concerns products and services
Common law civil liability.
NIKON cameras are of very poor quality
Prescribed after 5 years
Press crimes on the web
The law of July 29, 1881 on the freedom of the press defines in its chapter IV the
crimes and offenses committed by the press or by any other means of publication. This text was naturally found to be applied to the internet: classic sites, forums, blogs … all means of publication. Participatory internet or web 2.0 has necessarily increased the number of participants and has increased the risk of conflicts and abuse. This multiplication of possibilities to publish and circulate information on the Internet brings to the law of July 29, 1881 on the freedom of the press has never had so much importance. When comments exceed the normal exercise of freedom of expression, the targeted person, who suffers a prejudice because of these comments, can use as a basis for an action article 29 and article 29 paragraph 2 of the law. from 1881.
However, another remedy can be offered to professionals, on the basis of article 1382 of the Civil Code, through the concept of denigration. A remedy which may seem relevant in certain cases where the limitation periods have passed for press offenses. This problem has also provoked a debate around a hypothetical lengthening of the limitation period around online press offenses. We are faced with a choice of basis for action and debate which particularly interests the e-reputation agent in his activity.
Right of reply
WARNING : 3 months. You have this period to demand a right of reply.
The request must be made to the publication director.
Important procedure: Have the contents checked by a bailiff
You notice a content, it is essential to have it observed by a bailiff.
Please note, the screen copy is not sufficient. The bailiff (better to take a regular bailiff) must indicate:
- site url
- IP address
- the identity of the publication director
- site legal notices
- …
Content flooding
Wikipedia definition:
« In referencing, le noyage1 describes the technique which consists of creating content on a targeted request in order to bring down an unwanted link on the second page of the results of search engine. The principle is close to that of Google Bowling, except that a drowning operation can target any type of page, and is not limited to those of the competition.»
Preparatory work
The principle is to pass unwanted results to the second page.
Before the intervention, it is essential to identify all the NEGATIVE results
Indeed, when certain results are deleted, others go back to the 1st page. Depending on the number of negative results, the work can be very long. It is important to measure the magnitude of the task.
Type in google the name of the brand or the person.
Also use keywords like: opinion, scam…
IMPORTANT:
Avoid replying to forums or sites that contain the results to drown. Indeed, the fact of answering only reinforces the referencing of this one.
Identify the links to place on the 1st page of google
- Find in google the links having good content, seniority, PR, and the authority of the site that hosts the content.
- Choose the links to pass on the 1st page.
- Also plan to create subdomains by activity.
Create as many subdomains as there are activities
(example: After-sales service – Advice …) - Diversify the supports.
Videos
Blogs
FacebookOK
Twitter
Linkedin
think about universal research
…
Referencing
- The links being identified, carry out netlinking operations.
Findings of bailiffs online
https://www.constat-huissier-internet.fr
Relevant software
https://www.talkwalker.com/fr
sindup.com
https://namechk.com/
E-reputation lawyers
Haas Avocats specializes in this sector of activity.
The legal framework of E-reputation
Defamation or name-calling
€ 12,000 to € 22,500 fine depending on the nature and / or damages
Articles 29, 32 33 of the law of July 29, 1881 on freedom of the press
Defamation or racial insult
6 months imprisonment and € 45,000 fine for racial abuse and / or damages (civil)
Articles 29, 32 33 of the law of July 29, 1881 on freedom of the press
Wrong denigration of a product or service
Damages (civil)
Article 1382 of the civil code
Refusal of right to reply online
Responsibility and obligations of publishers and hosts
According to offenses or faults committed
Article 6-IV of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
False consumer reviews:
2 to 4 years in prison and € 37,500 to 75,000 in fines
Articles L.121 and L 213-1 of the Consumer Code
Breach of privacy
One year in prison and € 45,000 fine and / or damages (civil)
Articles 9 of the civil code
Breach of privacy (including image rights)
damages (civil)
Articles 9 of the civil code
Infringement of a brand (reproduction, imitation, counterfeiting, etc … (reproduction, imitation, counterfeiting, etc …)
3 years in prison and € 300,000 fine and / or damages (civil)
Articles L.713-3 and 713-10 of the intellectual property code
Conclusion
You now know:
- Vous pouvez gérer votre réputation sur internet
- Il est important de protéger et surveiller votre réputation
I remain at your disposal.
Best regards
