Rule 1. Social Media T & C’s protect them, not you
Did you know that Facebook owns your customer list? Yes, it’s in their terms! They can
close your Facebook page overnight without notice and without reason, but still market
to your likers. (This is a good reason to have a website and not just social media pages.)
Social Media sites all have terms and conditions, but if you read them, you’re actually
indemnifying them for your clients and customer actions, as well as your own!
Rule 2. You are responsible
You are responsible for all content posted on your website and social media accounts.
This is especially relevant if you allow other people to post comments or anything at all,
including advertising, products or services.
People may sue you because of copyrighted material or because of potentially
defamatory information. A tweet or post written on behalf of your business may give rise
to defamation action in Australia and any overseas jurisdiction where a person suffers
damage to their reputation.
“A tweet or post written on behalf of your business may give rise to defamation action. ”
Be careful about making ‘over-statements’ or claims about your business on Facebook
or other Social Media pages, and don’t allow others to make misleading claims or
defamatory comments either.
Consumer protection laws which prohibit businesses from making false, misleading or
deceptive claims about their products or services have been in place for decades. These
laws apply to Social Media in the same way they apply to any other marketing or sales
channel.
Rule 3. You still need to comply with Australian Consumer law
What you do, say, post or sell needs to comply with Australian law even if you’re located
elsewhere. If you are addressing or targeting Australian consumers, you are bound by the
local regulations, no matter where you’re located in the world. This includes regulations
on your refunds, product safety standards, privacy law, compliance with local industry
codes, advertising standards and so on. For example, if you start promoting your business
on a social media platform selling to UK and Australian consumers, you will have to
ensure that you comply with both Australian and UK local consumer law. It’s where your
customer resides that determines your requirements, not where your business is located.
Social media is a great platform for your business, but as with all communication
channels, you need to be professional at all times. If you can’t say something nice…don’t
say it on Twitter!
For more from Vanessa Emilio head to www.flyingsolo.com.au, Australia’s solo and micro
business community.
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