Legal Guidelines for my Business’ Social Media

Social media extends beyond just the realms of entertainment and distraction — it is an unavoidable part of our personal and professional realities. In particular, corporate use of social media is an increasingly important topic that encompasses legal issues ranging from marketing and advertising to copyright law, sponsorship disclosures, fraud, gambling, and lottery laws, to name a few.

In this day and age, the answer is almost always going to be a resounding “yes.” The potential for growing your revenue and amplifying your message through social media is undeniable, and your competition — in San Jose, in California, and across the U.S. — is probably already hard at work maximizing that potential for their brands. It’s tempting to leap on board and respond with your own social media campaign. However, you should do so with care and with a sound understanding of the foundations of the legality of your actions on social media, and the ramifications of those actions. The best way to ensure that you have a concrete grasp on these issues is to retain the help of legal counsel to inform and support your social media strategy. This can help to proactively reduce your risk and the potential for costly legal fees.

Although posting an announcement, event, or review to social media channels seems innocuous enough; there are far-reaching legal ramifications to any business-related activity on social media. The Federal Trade Commission (FTC) has issued guidelines specifically aimed to inform social media advertisers and influencers on how their sponsored or incentivized product promotions are being monitored and regulated. These guidelines spell out how the material connections between advertisers and endorsers must be disclosed to consumers and social media followers.

It couldn’t be more comfortable for businesses to post to social media these days. Unfortunately, that also means it couldn’t be easier for companies to end up on the wrong side of the law when it comes to their social media presence. The complexities of marketing and advertising law make it more than worthwhile to hire an attorney to help guide your social media campaigns, especially given the increased attention given by the FTC to commercial social media use.