Social Media & Legal issues

Dr. Mona Al-achkar Jabbour Pan Arab Observatory for Safety & Security in Cyber SpaceLebanon 2nd Pan Arab Day for Safety & security in Cyber Space Jordan Amman 21-23 November

Legal issues in social media

Pan Arab Observatory for Safety and Security in cyber Space Legal issues in social media

Whats Social Media

- factor in global competitiveness

What is Social Media?

Also referred to as Web 2.0
A category of sites that is based on user participation and usergenerated content

Viral nature Main characteristics:

Participation Collective Transparency Independence Persistence Emergence

Using social Media in business

Promoting Products & services Finding employees Customers feedbacks Control & monitor publicity Interaction with customers Profiling techniques for more targeted ads & services

Social media in use

Expanding opportunities
- new means of communication

Greater awareness Legal risks:

- involvement of various parties (consumers, social media outlet, marketing affiliates, ) - Part of the campaign left to the site or user

What does the law say about it?

Local Regional International

Business typical Legal issues

Violation of laws regarding:
- defamation (employees) - unfair competition and deceptive acts (false advertising) - promotions regulations - sweepstakes & contests - security - intellectual property - Privacy

Legal risks: overlapping categories

1- Companys Representation 2- Compliance obligations 3- Intellectual property issues 4- Employment related issues 5- Marketing activity related risks

Contractual concerns
Who shall engage the organization or the company?
- inclusion of file for ad objectives - default privacy setting for some information - liability for un-authorized

Risks: terms not negotiable

Compliance obligations
Respecting specific social media TOS
- spamming - intellectual property infringement - Privacy - Users 'involvement in advertising

Suspending the account Barring the marketer from conducting future marketing campaign Reporting Suspending or removing infringing content

Intellectual property issues

Trademarks and copyright issues
- On a third party outlet - On company own platform

Employments Issues
Control use of social media
- Negative comments about competitors - Positive comments about the company - Policy for use of internal blogs, news bulletins etc - Avoid privacy violation - Avoid labor relations laws violation

Marketing activities related risks

Advertising Online sweepstakes, promotions & contests User generated content Endorsements & testimonials

Advertising & Marketing

Marketing Campaign & advertising Third party affiliate marketers
- indemnification agreement - liability insurance - Monitoring practices of third party

Confidentiality provisions

Advertising & Marketing -2

E-mail & text communications
Telephone marketing Spam Text messaging

Privacy while advertising

Data breach Security obligations Privacy policy Particular attention to online concerns: privacy, security, and advertising behavioral advertising activities

Endorsements and testimonials

Endorsements and Testimonials in Social Media (transparency and credibility)
- bloggers - sponsored messages - employees

Special rules for endorsements and testimonials in advertising (deceptive online endorsement practices )

Online sweepstakes
Unlawful lotteries Consumer protection laws Privacy laws

User generated content

Social media marketing: Incorporation of usergenerated content
- Importance: credibility, dissemination, developing a strong connection with the product, - Risks incurring legal liability - TOS policy special provisions for user generated content - Disclaimer - Avoiding third party infringement claims

Managing UGC
Monitoring and Screening Social Media Content Implement a TOS and special conditions Secure personal data and respect privacy
- minor protection

Ensure reasonable protection

Deduction
Legal security is not optional Rights & duties Protect your name and company
- On a third party platform - On a companys own platform
1- employees 2- third party

Closing thoughts
Adopt policies Have a well written social media policy
- confidentiality - prohibit bad talking

Retain record of using social media Pay special attention to the Labor relations legislations Use Tracking and screening services (protect your own trademarks & copyrights)

TOS content
- prohibit unlawful use in general - specify particular unlawful conduct
Example: defamation, libel, infringement, privacy,

- state your irresponsibility for content published by a third party

Best practices in managing legal risks

Have a legal consultancy Review contract terms as a part of cost/benefit for use of any application Hire a monitor Define liabilities internally Be able to quickly answer deletion & correction requests

Thank you
moacja@ul.edu.lb