Question
You are the Chief Legal Officer of Bora Bora Bank. Since June 2015, the Bank has been experiencing negative publicity on social media blogs, Facebook
You are the Chief Legal Officer of Bora Bora Bank. Since June 2015, the Bank has been experiencing negative publicity on social media blogs, Facebook and Twitter. The social media blogs has been alleging that the Bank has non-performing loans running to tens of billions of shillings and that 90% of those loans had been advanced to top management of the Bank. In January 2016 the CEO and Chairperson of the Bank issued press statements denying the allegation going around on social media. However, as the Bank is listed on the Nairobi Securities Exchange, it issued a profit warning just ten days to release of the first quarter results. An unknown whistle-blower from the Bank leaked the financial results that indicated that the top management of the Bank had advanced themselves loans totalling to KES. 17B. These loans were non performing. Following these revelations, in early March, social media was awash with the leaked information causing a 'Bank Run' on 2nd March 2016. Since this affected the liquidity of the Bank, the Central Bank of Kenya (CBK) put Bora Bora Bank under receivership. The receiver manager is Kenya Deposit Insurance Corporation (KDIC) for period of twelve months starting 4th March 2016. The management of Bora Bora Bank blames social media for the 'Bank Run' and the closure of the bank by CBK. The Bank has identified three blogs, five Twitter accounts and four Facebook accounts as the originators of what they call the rumour mongers that brought the Bank down. They wish to pursue all legal avenues to bring the owners of the various social media accounts to 'justice'. The Board of Directors has requested you as the Chief Legal Officer to provide them with a comprehensive advice on how they may pursue to social media account owners. Draft a research outline
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