With Social Media Day falling on 30th June, we have rounded up some tips on how to stay safe and abide by relevant social media law.
In recent decades, social media has exploded. There are now 3.96 billion users, which accounts for more than half the world’s population. People have an average of 8.6 social media accounts and spend their digital time liking, sharing, scrolling and posting. What’s more is that social media usage has seen a significant increase since the start of Covid-19. Our screen time is at an all-time high!
While social media can be a fun and uniting force, we must remember that there are rules in place and these must be followed. From online regulations to social media law and guidelines, here are some key points to consider.
Privacy Settings
Taking control of your privacy settings is high up on the list. Not everyone online has good intentions and it is important to keep your information secure. Companies may collect your personal information and sell it on for marketing/ advertising purposes. There is also the risk that hackers may collect your information. Posting personal information such as your birthday, your first job or the name of your pet, may seem harmless but it provides an easy way for hackers to guess your password and take over your accounts.
More recently, we have seen more warnings online for people not to fill in what looks like a fun ‘getting to know you’ game. These games ask you to share things such as your first pet’s name or your mother’s maiden name, which can be common passwords, or password reset answers.
Take note: update your privacy settings, limit what you post online and delete any unnecessary apps!
Content of Posts
It is also important to consider the content you post. Community guidelines are given by each social media provider in order to keep users safe. Breaking these guidelines may result in a 24 hour suspension, a ban, or in worst cases, a custodial sentence. The Crown Prosecution Service has a large list of sentencing guidelines to work with, in which you can see the severity of consequences that some online behaviour can lead to.It is also important to note that employers often check social media accounts of current and prospective employees. If you are posting harmful, dangerous or derogatory content online, you may end up missing out on job positions or being dismissed from your current employer.
Take note: think before you post!
Image Sharing and Consent
When posting content online, it is vital that you post original content or, if posting copyrighted content, ensure you have gained adequate permission or checked your usage falls within the exceptions to copyright. Giving credit in the form of a name, or a website link, is not enough to get around copyright laws and may lead into an infringement claim. Your business may end up with a fine of £50,000 or you may face a sentence of six months in prison.
Take note: ensure you create your own work, educate staff around copyright law and understand the exceptions to copyright.
Sharing private, sexual material online without consent could find you accused of indecent images, or if a former sexual partner is involved, revenge porn. The latter is one of the fastest-growing crimes in the UK and is extremely damaging to its victims. If you are found guilty, the claim would remain on your record, you could be fined and face up to two years in prison.
Adverts
Uploading a photo of a product or service you have been paid for, or received for free, is an advert and it is the law to declare this. It does not depend on your number of followers or how much ‘influence’ you have. The Advertising Standards Agency has compiled an easy to read document to help you understand this better.
Influencers or brand partners should be clear in their posts, most commonly using #Ad or #Gifted in their posts. On some platforms, there is an option to state a ‘paid partnership’ with a brand.
Take note: simply tagging a service is not enough, you must use clear labels such as ‘ad’ or ‘advertising’ and ensure that you adhere to advertising standards.
Reviews
When reviewing products and services online, it is important that your review is fair and justified. Defamatory reviews can be detrimental to businesses, and their owners may take you to court. The same can be said for fake reviews which may be used to promote a business or service.
For example, we use a third-party review site, Review Solicitors, to collect reviews from clients who must verify their identity before a review is posted. By doing so, there is less likelihood of people leaving unfair reviews when they weren’t a client or were on the other side of a dispute.
Take note: ensure all reviews left are fair and be careful buying from sites where reviews look too good to be true.
Speak with a Solicitor
If you need help with any of the above matters, our solicitors are well versed in social media law, rules and wider regulations about sharing content online. They are always on hand to provide support and guidance.
While it is in your hands to manage your own privacy settings and to be mindful of what you post, if something does happen and you find yourself accused of a criminal offence relating to social media, contact a solicitor.
Whether you are a business owner or an individual and have been accused of violating social media law or regulations, we can support you through an investigation.
Call us on 0161 969 3131 or fill in our contact form and we will be in touch.