Social Media Attorney
This lawyer helps navigate legal issues for online content
Social media platforms like Facebook, Instagram, TikTok, X and YouTube are powerful tools for businesses and individuals to promote brands, engage audiences and build communities. However, misuse or abuse of these platforms can lead to liabilities. To keep your business safe from potential sanctions and other pitfalls, you must comply with pertinent laws and best practices. Andrew M. Jaffe, Attorney at Law in Fairlawn helps businesses like yours avail themselves of a robust social media presence while avoiding legal repercussions.
What is social media law?
Social media use is governed by a mix of federal, state and international laws, addressing content, consumer privacy and intellectual property rights. Key laws include:
- Federal Trade Commission Act — Section 5 of this federal statute applies to businesses and influencers in the U.S. The FTC Act prohibits deceptive marketing and mandates transparent advertising. Sponsored posts must disclose material connections, such as paid partnerships or free products.
- Communications Decency Act — CDA Section 230 applies to platforms and users who post content. Users can be sanctioned for defamatory or illegal posts.
- Digital Millennium Copyright Act — The DMCA mandates that all users who post content comply with copyright laws. Platforms must enforce copyright by acting on takedown notices for infringing posts.
- Data privacy laws — Businesses collecting user data via social media ads must disclose data practices and offer opt-out rights. Companies must comply with applicable provisions of state laws and international regulations.
- Defamation and cyberbullying laws — A variety of state laws criminalize online harassment, doxing or libelous posts. Businesses and individuals can face civil lawsuits for defamatory content.
Violations can result in civil liability and even criminal charges. In addition to monetary losses, companies can suffer reputational damage for controversial posts. Social media platforms can sanction users by suspending accounts for hate speech, misinformation, or violations of community standards. If you derive revenue from posts, a dispute that results in being demonetized or de-platformed can be ruinous to your business.
Legal guidance to optimize your company’s social media presence
In my practice, I advise companies on effective protocols to maximize the benefits of social media, while minimizing the risks. These best practices include:
- Crafting clear policies — Businesses should publish social media and privacy policies, detailing data use and content guidelines.
- Disclosing partnerships — Use hashtags like “#ad” or “#partner” for transparency in sponsored content. Content creators using affiliate links should post a clear disclaimer.
- Securing permissions — Obtain licenses for copyrighted material and consent for user data collection. Subscribe to services that license assets, such as photos, videos and music for web use.
- Monitoring content — Avoid inflammatory or false posts to prevent defamation or harassment claims.
What a social media lawyer can do for you
If you are launching an e-commerce website, an email newsletter, or a social media campaign, you should consult an Internet law attorney. In addition to advice on platform policies and compliance, I show creators how to protect their online content and obtain takedown orders for copyright violations. I offer advice on compliance with the CAN SPAM Act for email communications, so you can engage potential customers without risk of litigation. I can review your policies and ad campaigns and help you update them to comply with pertinent changes in the law.
Contact this knowledgeable attorney for social media law
Andrew M. Jaffe, Attorney at Law in Fairlawn offers legal advice and representation for businesses and individual content creators engaged in social media. To schedule a consultation, call 330-845-6027 or contact my office through email at [email protected].
