Bill C-18: Proposed legislation requiring digital media platforms to compensate Canadian media outlets for news content

On April 5, 2022, the Canadian Heritage Minister, Pablo Rodriguez, tabled Bill C-18 (Online News Act): An Act respecting online communications platforms that make news content available to persons in Canada.  Bill C-18 requires digital media platforms (e.g., social media services, search engines) to compensate media outlets for news content made available on their platforms.  … Continue reading

Social media and difficulties of a TRO in defamation actions

Companies—especially those based outside the U.S.—sometimes ask why it is so difficult to bring a lawsuit based on something posted on social media.  A recent federal court case from California can help show how courts view these actions.  Prehired, LLC, v. Provins, No. 2:22-cv-00384-TLN-AC (E.D. Cal. April 12, 2022) (2022 WL 1093237).… Continue reading

Making a splash in new markets is not always risk free

Frogbikes Limited (“Frogbikes”), a British bicycle manufacturer, has filed suit in U.S. District Court for the Northern District of Georgia claiming that defendant Frog Scooters, Inc. (“Frog Scooters”) has infringed Frogbikes’ “FROG” trademarks (the “FROG Marks”) with the use of the term “frog” and its stylized “Frog” mark in connection with its scooter rental business. … Continue reading

IOSCO, finfluencers, and social media

In December 2021, our post Federal Reserve and social media, highlighted sections of the Federal Reserve Financial Stability Report which demonstrated the Fed’s focus on the role of social media and retail investors in equity market volatility.  In March 2022, the Board of the International Organization of Securities Commissions (IOSCO) followed suit, and also turned … Continue reading

Bill C-11: Proposed legislation to regulate social media and streaming companies is back in Canada

In June of 2021, Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-10). Bill C-10 was drafted in response to recommendations made by the Broadcasting and Telecommunications Legislative Review Panel suggesting reforms of Canada’s broadcasting system to account for digital … Continue reading

Justice Thomas suggests social media regulation may be close

In December 2021, our post Increased Likelihood of US Social Media Regulation discussed the rising momentum to reform Section 230 of the 1996 Communications Decency Act, which is often used to protect social media giants from liability for content posted on their platforms by third parties. Recently, U.S. Supreme Court Justice Clarence Thomas expressed displeasure … Continue reading

UK proposes rules to protect against anonymous online trolls

The UK Government has added two new duties to the proposed Online Safety Bill (the Bill) that are aimed at protecting people against anonymous online abuse. These measures would give users of “main social media firms” more control over who can interact with them and the type of content users see (see the Government’s press … Continue reading

Social media and cryptocurrency fraud

Creators of fraudulent crypto assets beware.  A recent court decision supported investors, creators and marketers of legitimate crypto assets, and the integrity of the crypto asset market as a whole. While the creator of BitConnect remains at large and is facing his own indictment for his role in the scheme that allegedly defrauded investors of … Continue reading

Australia takes the international lead in social media regulation

In December 2021, our post “Increased likelihood of US social media regulation” discussed Facebook whistleblower Frances Haugen and her call to hold social media platforms accountable for the potentially dangerous content that appears on their sites. In February 2022, Haugen once again flagged Facebook’s algorithms as potentially harmful, but this time Haugen was speaking outside … Continue reading

Intellectual property rights in the Metaverse

The metaverse is the answer to escaping your couch without actually leaving it to do whatever you want in a paralleled virtual universe – hangout with friends, drive race cars, shop designer brands, buy digital land, or do just about anything else you can imagine. The metaverse may seem far-fetched, but so did smart phones … Continue reading
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