Over the last several years, we have had an increasing number of individuals and companies call asking for legal help because they are having some problem associated with Facebook, Instagram, TikTok, YouTube, and other online social media platforms. Often, these calls involve the shutdown of an account, piracy of an account by prior employees or business associates, a report of intellectual property infringement, or a purported violation of the platform’s terms of service.
Social media has become one of the more prevalent ways to promote yourself and/or your business. As of December 2024, Facebook has over 3 billion monthly active users. So, it makes sense to attempt to capture this consumer market by advertising to this vast user base. However, before utilizing social media platforms, there are several common pitfalls and legal issues that should be considered:
- Make sure you maintain control of your accounts. Failing to ensure you have primary control using primary passwords and linking to your own personal account could mean that the person you delegate this authority to has the ability to hijack the account. Anyone who has joint control over the account should be under a contract with you or your business. They should understand who owns the account, what access they have, and what they are allowed to do on behalf of you or the company on the account. Additionally, a contract can provide an option to allow you to seek injunctive relief from a court if a delegate does not turn the account back over to you when the relationship has been terminated.
- Make sure you have the rights to post your content. Content on social media typically includes text, images, and video. These elements are likely copyrighted by the original author. If you are posting a photo taken by someone else or including someone’s image, then make sure you obtain the right to post prior to posting. If you don’t get permission first, the owner of the photo may file a DMCA notice with the social media platform and have the image removed. Multiple DMCA notices can result In deactivation or removal of your account. Additionally, liability for copyright infringement or a violation of the right of publicity can be extremely costly to your business.
- Don’t lie. Falsifying, exaggerating, misleading, or failing to provide sufficient disclosures could result in various violations of numerous government regulations and could lead to false advertising claims. Companies must ensure that the advertisements they make, whether express or implied, are truthful, accurate, and not misleading. They also must disclose all material information about the product or service they are advertising.
- Read the Terms of Service. Every social media platform has terms of use (including privacy policies and platform guidelines) that set forth the rules associated with posting, advertising, and using content on the site. Make sure you read them and comply. Otherwise, your account can be shut down with little warning.
You spend a lot of money on advertising. If a social media platform is your primary source of advertising, having it shut down could put a halt to your business’ success. Make sure you have the tools and policies in place to avoid a costly shutdown.