The settlement asks you to remove comments that other people reposted
Assess a settlement obligation to remove online statements against authorship, account control and third-party republication, without promising an outcome outside the party control.
Corporate Recovery Partners
01 / 06
The proposed promise reaches beyond your own account
The settlement draft requires every copy of a public comment about the dispute to disappear. Your business can control its own post, but other people have copied it elsewhere. Explain that position to the lawyer before agreeing. A promise about material outside your control needs careful assessment rather than an optimistic assurance that deleting the original will remove everything.
Preserve an accurate record of the relevant posts and communications through lawful means before making changes. List the author, account, location and known copies, marking uncertainty. Do not access another person's account or assume a page bearing your company name is controlled by an authorised employee. Keep the evidence needed for advice separate from the proposed removal task.
Business.gov.au recommends clear descriptions of work and responsibilities in agreements. Ask the lawyer what the clause requires: removal of identified material, a request to a platform, a statement or another action. This article does not decide whether a comment is unlawful or prescribe a defamation response. The task is to understand the settlement promise being proposed.
Imagine the business deletes its own post but a third party's screenshot remains visible. A request to that person or platform is not the same as confirmed removal. Ask how the agreement should address steps the business can perform and outcomes it cannot guarantee. Do not sign a certificate saying all copies are gone when the available evidence does not support that statement.
Have the appropriate people implement the advised, agreed actions using legitimate account access. Keep any required preservation copies securely and ask the lawyer how they fit the settlement. Avoid publishing a new explanation, accusation or apology without understanding the final terms. A hurried update can create another disputed statement while trying to comply with the first obligation.
Retain the agreed instructions, actions taken, platform responses and unresolved third-party material. Report the status accurately through the settlement process. The useful decision is whether the promised online action is specific and performable, with evidence of the result, rather than accepting responsibility for an internet-wide disappearance the business cannot deliver.