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LAW & ORDER
Does social media assist in building a business ?
with Victoria Ciccone Legal Assistant and Law Student
The words ‘ social media ’ are used as a collective term to describe websites and applications that focus on communication , community-based input , interaction , content-sharing , and collaboration . Social media connectivity has revolutionised the way that businesses reach out to their potential client base , as well as increased visibility within their marketplace .
There are positive and negative aspects to
1 . Needing additional resources to manage your online presence , eg Wi-Fi
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2 . Social media is immediate and needs active daily monitoring
3 . You may get unwanted or inappropriate behaviour on your social media site
4 . False or misleading claims made on your social media by customers
LEGAL IMPLICATIONS OF USING
SOCIAL MEDIA 1 . Copyright infringement You must make sure that the images you use to advertise your business are free for you to use . Using images of people using your services or products requires a consent form . 2 . Misleading conduct Any claims made on social media should be substantiated , as should any comparisons with competitors . 3 . Privacy and confidentiality A business subject to privacy laws cannot collect , use , disclose or store anyone ’ s personal information without complying with these privacy laws . 4 . Defamation This is where you are posting conduct that will damage or injure a third party ’ s reputation , including ‘ sharing ’ a defamatory comment made by someone else . You are responsible for staff content . 5 . Advertising standards The Advertising Standard Bureau ( ASB ) administers codes relating to the content that you can and cannot post to advertise your business .
These codes generally govern the use of strong language , portrayal of sex , sexuality , nudity , violence , and other content that may offend prevailing
community standards . 6 . Competitions on social media Have you ever seen those posts telling you to tag a certain amount of people in the comments to win a prize ? Although they are a great idea , there are certain complex legal requirements . For example , Facebook ’ s policy says that you are lawfully responsible for providing official rules , terms , and eligibility requirements for the competition .
MINIMISING SOCIAL MEDIA RISKS IN YOUR BUSINESS
You must remember that social media marketing is just that . If you are not sure about what you can or cannot say , as well as to minimise your legal risk when using social media to grow your business , you need experienced and knowledgeable legal advisors on your side .
There are also various other reasons to contact a social media lawyer to ensure your intellectual property , specifically your content on social media , can be protected by limiting the legal risk of having this content stolen .
Legal advisors in this area can help you apply for registered design rights , trademarks , patents , and copyright . Ensure you are aware of terms and conditions for each social media site , particularly with intellectual property .
A social media policy for your business is a must ! Call ( 02 ) 8858 3211 .
NB : Victoria Ciccone is a law student and legal assistant under the supervision of
Katherine Hawes , the Principal Solicitor of Digital Age Lawyers .
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