Legal Risks of Social Media

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Presentation at Board2020 on 23 March 2012

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<ul><li> 1. Look before you Tweet Managing the Legal Risks of Social Media and Social Networking for Business 23 March 2012 Roger Bull Andrew Tibber </li> <li> 2. Introduction Commercial Law Issues Andrew Tibber Employment Law Issues Roger BullLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 3. Commercial law issues Advertising Laws and Regulation Anti-Social Networking CopyrightLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 4. Advertising Laws and Regulation Advertising Standards Authority (ASA) - UKs independent regulator CAP Code on Non-Broadcast Advertising, Sales Promotion and Direct Marketing Marketing communications should be legal, decent, honest and truthful Non-Broadcast extends to advertising and other marketing communications: - on company website or other non-paid for space online under company control - directly connected with the supply or transfer of goods, services, opportunities or gifts - in user-generated content if adopted and incorporated within own marketing communicationsLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 5. Advertising Laws and Regulation Marketing communications should be obviously identifiable as such (r 2.1)Look Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 6. Advertising Laws and RegulationLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 7. Advertising Laws and RegulationLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 8. Advertising Laws and RegulationLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 9. Advertising Laws and Regulation Offences: - Consumer Protection from Unfair Trading Regulations 2008 - Business Protection from Misleading Marketing Regulations 2008 Enforced by the Office of Fair Trading Handpicked Media (2010) commercial engagement of bloggers OFT identified infringements under CPUTR 2008: - failure to disclose material information that the promotion had been paid for (reg 6) - use of editorial content to promote a product without making clear that Handpicked Media had paid for the promotion (Sch 1, para 11)Look Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 10. Anti-social networking Monitor, evaluate, identify and remedy Is it libel or saloon bar moanings? Substantial harm? Could action be counter-productive? Can you identify the author? Self-help: Does the host have a reporting procedure? Is there a threat of violence? Consider your own liability for hosting defamatory content Remedy be careful what you wish forLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 11. Copyright Copyright subsists in original literary, dramatic, musical or artistic works (CDPA 1988, s 1) Newspaper headlines/extracts are capable of being protected by copyright Copyright in a work is infringed by a person who copies the whole or a substantial part of the work without the licence of the copyright owner (s 16) Fair dealing for the purpose of criticism, review and news reporting is permitted provided accompanied by sufficient acknowledgement (s 30)Look Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 12. Copyright Re-tweets Publication of links Deep-linking Pinterest Ownership of UGCLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 13. Employment law issues - What is social media? - Employment law risks - How to manage the riskLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 14. Introduction What is social media?Look Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 15. Introduction Why are there issues for business? - conflict between business opportunities and risks - positive use of social media - legal risks of social media - technology ahead of the law - blurring the line between the personal and the professionalLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 16. The internet and social media One in three on the planet use the internet Over two billion people Over 800 million Facebook users 1 in every 6 Internet pages viewed in the UK is a Facebook page 200 million Twitter users Linkedin reached 120 million users in 2011Look Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 17. Social Media Employment Law RisksEmployers Use Pre-employment vetting - Data Protection Act/Human Rights - Discrimination Verifying absence - Data Protection - Trust and confidenceLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 18. Social Media Employment Law RisksEmployees (mis)use - Vicarious liability - Misconduct outside of workplace - Cyber bullying and harassment - Damage to brand/reputation - Cyber-slacking - Breach of confidentiality - Breach of restrictive covenants - Unfair dismissalLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 19. Social media policy - ensuringcompliance Have a stand-alone policy Inter-relation with other policies: - IT - confidentiality - code of conduct - anti-harassment/bullying - equal opportunities - data protection - disciplinary - grievance - recruitment Clear consequences for breach (Preece v JD Wetherspoons)Look Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 20. Social media policy Why bother? To set out your expectations To provide guidelines on acceptable use To confirm who is covered - employees and contractors - in and out of work To ensure compliance with DPA To support remedial action To protect the companyLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 21. Social media policy - enforcement Policy is only as good as enforcement - ensure widely available and understood - monitor - take action to enforce - be consistent Introduce training Ongoing reviewLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 22. Social Media: Conclusion Significant business opportunities Significant business risks Governance role to ensure risks are managed The Solution: A Social Media PolicyLook Before you Tweet: Managing the Legal Risksof Social Media and Social Networking for Business </li> <li> 23. Lookpresentation gives general information only and isadvice. We dotonot accept any liability to anyonethe law. Although we content. care This Before you Tweet: Managingintended be an exhaustive statement of over the information, you should not rely on it as legal not the Legal Risks who does rely on its have takenof Social Media and Social Networking for Business </li> </ul>