Helping Clients Maximize Social Media’s Potential
While Minimizing And Wisely Navigating Legal Risk
Social media is a broad and ever-changing category of technologies that has been a prominent driver of change in the 21st century. Whether it is stalwarts like Meta’s Facebook and Instagram or newer entrants like ByteDance’s TikTok and the meteoric rise it experienced, one thing is sure: the potential of social media is immense. Whether in the context of social media’s power to catapult a business to heights never seen as possible or on the flipside to inflict tremendous damage, the network effects of social media technology are dynamic and broadly applicable regardless of sector, and in particular as it concerns the laws of social media.
With so much potential, many legal considerations come with a business or other organization’s use of social media, and the compliance risk is rapidly increasing as social media platforms see expanded regulatory scrutiny. Some of the most notable areas of social media law include marketing campaign agreements (such as for influencer marketing), sweepstakes law, privacy law, terms and conditions, intellectual property law, including copyright and trademark, defamation law, and dispute resolution (between platforms and users as well as among users). We are also seeing increased application of laws concerning artificial intelligence (AI) as the nascent but rapidly evolving technology increasingly comes to the fore and intersects with social media. Recently, bans on children below a certain age using social media have been passed (also in Australia), and there are also considerations when it comes to processing children’s personal information, including as it relates to COPPA and comprehensive privacy laws. There are also unique calls for social media regulation coming from less obvious places, such as the surgeon general of the United States advocating for warning labels on social media “stating that social media is associated with significant mental health harms for adolescents.” On the intellectual property front, brands need to be cognizant of the potential for litigation, as illustrated by the recent action by Sony against Marriott for the alleged infringing use of copyrighted songs by the hospitality company. Specifically, Sony alleged that Marriott used more than 900 artists’ songs in Marriott advertisements on social media platforms.
As digitally native social media lawyers, RICHT assists clients with maximizing the business potential that social media and related technologies offer while working to minimize legal risk and navigate disputes if they arise.
Social Media Law Services We Offer
Dispute Resolution Including Arbitration
Social Media Policies & Procedures
Social Media Clients & Sectors We Serve
Ron DeSantis Signs Florida Social Media Ban For Children Into Law
The Florida governor, Ron DeSantis, has signed a law that has given his state one of the US’s most restrictive social media bans for minors, though it must still withstand expected legal challenges. Once it takes effect, the bill signed on Monday bans social media accounts for children under 14 and require parental permission for 14- and 15-year-olds.
TikTok Quietly Changes User Terms Amid Growing Legal Scrutiny
Parents, schools and even attorneys general have increasingly been raising concerns about how TikTok may be hooking children to the app and serving them inappropriate content. But some lawyers say bringing legal action against the company could be more difficult after TikTok quietly changed its U.S. terms of service this summer.
Rule for Social Media Regulation Act Published
The Utah Department of Commerce’s Division of Consumer Protection opened a public comment period for the draft rules under the Utah Social Media Regulation Act governing minors’ access to open accounts on social media platforms.
Texas Bans Kids From Social Media Without Parental Consent
Texas Governor Greg Abbott signed a bill Tuesday banning kids under 18 from joining a wide variety of social media sites without parental consent.
Utah Law Could Curb Use of TikTok and Instagram by Children and Teens
It is the first state law in the nation that will prohibit social media services from allowing users under 18 to have accounts without the explicit consent of a parent or guardian.
Supreme Court Puts Off Considering State Laws Curbing Internet Platforms
The laws, enacted by Florida and Texas in response to conservative complaints about censorship, have been challenged under the First Amendment.
