The actions taken by Axur in dealing with trademark-related threats are only applicable to cases of trademark misuse or identity appropriation. Other cases may fall under freedom of expression and are not considered a violation by service providers.
Exercising control over these published contents can be considered “prior censorship,” which may have negative repercussions for the company if a removal request is made. For this reason, we do not suggest taking action in these cases, as it can damage the company's reputation and infringe upon a constitutional right, which could result in legal consequences if brought to court.
Examples of freedom of expression cases include:
News articles
Expression of opinion about a brand or product on social media profiles, groups or communities, and specific posts, among others.
However, if you deem a comment or material to be so serious that it could be considered a crime of slander or defamation, and if the perpetrator is identified or identifiable, it is advisable that you, through legal representation, file a complaint with the police and initiate legal proceedings against the defamer in the appropriate court. In this case, the removal of the content may be authorized if granted by a court order.
Since our measures are extrajudicial, the removal of content may be compromised unless there is a court order requesting its removal. If you are interested, we can assist you in collecting evidence and providing support for any necessary actions.
Fake News and Fraudulent News
What is fake news?
We characterize fake news as false information in posts, profiles, and websites whose sole purpose is to defame a brand/executive.
What is fraudulent news?
Fraudulent news, also known as hoaxes, may initially appear as just fake news. However, they use it to carry out scams on internet users. Essentially, fraudulent news operates as a fake news page or a social media post aiming to promote a tool or product on behalf of a brand.
Example: An unknown news page is publicizing an interview showcasing how Executive X achieved financial success. In this interview, they claim that the executive achieved success by investing in cryptocurrencies on Platform Y and provide instructions on how to do the same.
Why do we address one and not the other?
In essence, fake news is purely defamatory, and the removal of such content should be pursued through legal action for defamation. Additionally, it is challenging to prove whether the news is genuinely false or merely a distorted version of the truth. Attempting a takedown of such cases may expose Axur as a company to retaliation and accusations of censorship. Therefore, in such cases, it is recommended to involve your legal team to initiate the appropriate legal process if necessary.
On the other hand, a Hoax is considered a fraud as it persuades users of a product or service using a brand. Hence, it falls within the scope of takedown and should be addressed under the Fraudulent Brand Use offering.
What to do when in doubt?
Since these cases deviate from standard brand infringement and can often be confused with fake news, it is essential to contact us before creating a ticket. This way, we can assess the case and confirm whether it is eligible for removal and proceed with a takedown request.
If you have any questions, feel free to reach out at [email protected] 😊