PR 101

Welcome back from Thanksgiving all. I hope all of you had a great holiday and much to be thankful for. For my non-US readers, I hope you also had a good week.

A plastic surgeon in Chicago is taking great umbrage at the anonymous negative reviews some of his patients have posted about him. Dr. Jay Pensler is so upset he is suing three of the patients who posted the anonymous comments.

How did Pensler find out who those anonymous patients/posters were? His attorney subpoenaed the sites where the comments were posted – Yelp and Citysearch. The attorney ultimately found the IP addresses to identify the computers seven reviewers used to make their comments.

Pensler is now suing three of them for making false and defamatory statements. He is asking for $100,000 each in damages.

I am not going to get into whether Pensler is a good or bad surgeon. I have no idea. If you want to read the negative comments and more about the case itself go here and here.

What I am concerned about is the fact that Pensler was able to find out who the reviewers were. According to Fox Chicago News, a Yelp spokeswoman said: “When a business owner attempts to stifle free speech with legal action, it is disappointing and damaging to consumers at large. At Yelp, we take every action to protect the privacy of our users; we must also comply with the law.”

Citysearch’s privacy policy states that its privacy policy allows the website to disclose a user’s information “in response to a subpoena or similar investigative demand.”

I should note federal law protects the websites. They cannot be held liable for third party postings over which they have no control.

While I can see the doctor’s point, I think websites giving up IP addresses and other information could have a chilling effect on honest discourse on the web. To me it is not a good idea.

One of the key parts of social media is public reviews. I rely on them for many things, as I suspect many others do. I want to know if a doctor, in the opinion of his patients is competent. I want to know how the service is at a particular restaurant. I also post comments. I don’t want worry about getting sued for stating my opinion.

When I was a reporter, I sometimes had to use anonymous sources. When writing on a sensitive topic, many people don’t want to be identified. They are afraid of retribution or harassment. That is not an uncommon reaction.

There are times when people should not remain anonymous. The argument many donors made for staying anonymous during the recent midterm elections was the fear of harassment. I disagree with that. When one is trying to influence an election, then your name should be made public.

I also think Pensler’s decision to sue is backfiring on him. The lawsuit has raised the issue’s profile. People who had never heard of Pensler now know some of his patients objected to his treatments.

Obviously there are some postings that cross the line. Falsely accusing someone of committing a crime would be an example. However, people should have the right to state their opinions without fear of retribution.

The people that posted about Dr. Pensler are what I would consider “civilians.” They are just ordinary people stating their opinion. They did not plan on being sued, nor should they be, for expressing their opinion.

I think that holds true for anyone who posts negative reviews of a hotel, a restaurant or a doctor. Why should they fear retribution? As an example, my son worked in restaurants while in high school and college. He would tell us what waiters and chefs would do if a customer were obnoxious or too demanding. As my son always said, “why would you knowingly anger someone who handles your food?”

Yet you might have had a bad experience. But this might be a place you go to often. You don’t want to have to worry an angry chef is going to over-season your food because you complained last time. So you post an anonymous comment.

The proper thing for the post’s subject is not to sue. What should be done is reply to the post. That person can also ask those who had good experiences to post what happened to hem. Let the readers decide. It’s that’s simple.