In September 2020, the California legislature sent a bill to the Governor’s desk which would bar a social media company from opening an account for anyone it “actually knows” is under the age of 13, absent parental consent. The bill, passed with bipartisan support within the legislature, aims to bring social media companies in line with existing federal and California law requiring parental consent before a minor’s personal information is obtained online or sold. (The California Consumer Privacy Act (CCPA) prohibits companies from selling a minor’s personal information without obtaining the authorization of the consumer’s parent or guardian if the … Continue Reading
The rise of videogame streaming in a global pandemic
Posted in CopyrightThe COVID-19 pandemic has had a large effect on our entertainment consumption. Some entertainment industries have taken significant hits, while others have been more fortunate in their rise. Videogame streaming is one such industry on the rise. During the pandemic, the global viewership of popular streaming platforms Twitch and YouTube Gaming increased by 10% and 15%, respectively. This increase in viewership appears to be directly correlated with the local severity of the pandemic. For instance, when Italy was experiencing the worst outbreak in Europe, the hours of live gaming content streamed in that country increased by an estimated 66%.… Continue Reading
CEO’s social media posts about former employee actionable as defamation
Posted in Employment and laborThe California court of appeals recently allowed a defamation claim to proceed against a company’s CEO for libelous social media posts made about a former employee after her termination. According to her complaint, the employee had been the company’s only female senior executive during her tenure. Following a brief, rocky stint with the company, the employee was terminated, and she filed a lawsuit against the company, asserting claims for gender discrimination, retaliation, and harassment.… Continue Reading
Social media gaming celebrity and breach of contracts
Posted in GeneralOn June 17, 2020, the Southern District of New York issued an opinion and order in a complex matter between a social media gaming celebrity and a contract he signed with an esports and entertainment company. (Faze Clan, Inc., v. Tenney, 19-cv-7200 (JSR) (S.D.N.Y. July 17, 2020) (2020 WL 3318209).)… Continue Reading
The risks of relying on social media income
Posted in GeneralThe COVID-19 pandemic has forced many of us to adjust our usual work-life balance. Rather than maintaining the strict division between home and office, individuals have adapted to a new hybrid lifestyle, combining all under one roof. This new lifestyle has afforded many people with additional free time that would otherwise be spent commuting to the office. Unsurprisingly, people are choosing to use this free time to browse their favourite social media platforms. In Q1 of 2020, daily time spent in apps increased 20% on Android devices in comparison to last year.… Continue Reading
FTC, celebrity influencers, and health claims
Posted in GeneralAs the world struggles to move forward, our thoughts and support are with our readers and we hope for their good health and improving situations.
Today’s post involves an FTC settlement that was announced just as New York was going into “lockdown” mode and so we wanted to make sure it did not escape your attention. In March of 2020, the U.S. Federal Trade Commission (FTC) announced a settlement of its federal court complaint against a company that the FTC alleged made unsubstantiated health claims for its teas and skincare products—and used celebrity social media influencers whose endorsements did not … Continue Reading
(Virtual) house rules: Things to know for Houseparty hangouts
Posted in GeneralHouseparty, the group video chat app that allows users to interact in “rooms”, is unsurprisingly becoming one of the most popular social media platforms in the current global environment. Distinguishing features are: (i) the ability to move between chat sessions happening simultaneously in other rooms; and (ii) the ability to play party games while chatting, which is a welcome distraction from the more serious conversation topics that tend to dominate our interactions at the moment!… Continue Reading
Court rules that reasonable expectation of privacy exists in social media users’ internet browsing data
Posted in PrivacySocial media users may have a reasonable expectation of privacy in their internet browsing data, according to a recent decision of the United States Court of Appeals for the Ninth Circuit Court.
Users of a social media platform brought a class action against its owner, alleging that the company tracked users’ browsing histories when they visited third-party websites, and then compiled those browsing histories into personal profiles which were sold to advertisers to generate revenue. The company did not dispute that it engaged in these tracking practices even after its users had logged out of the site. Plaintiffs complaint alleged, … Continue Reading
Wearing out privacy: wearable technology revolutionizing social media marketing
Posted in PrivacySocial media has made sharing personal and professional updates easy and, in most cases, highly targeted. Facebook, Instagram, and Twitter, as well as the proliferation of new social media platforms have created a window into the lives of those who are active on these platforms. One of the biggest tensions created by social media is that, while businesses are constantly looking for metrics and strategies that will enable them to advertise their content to the user at the most opportune moment, individuals seek to cut down on their social media consumption. The rise of wearable technology (e.g. smartwatches or technology-embedded … Continue Reading
Pixels + Social Media Influencers – Authenticity = Virtual Influencers
Posted in GeneralSocial media influencer marketing has had a significant impact in the way brands reach consumers worldwide. Social media influencers are very important to platforms such as YouTube and Instagram and even more so to brands. As independent contractors, social media influencers garner more outreach than any company’s advertising team could ever hope to accomplish. From engagements like brand awareness and product placement and “authentic reviews,” according to Business Insider, the influencer marketing industry is expected to be worth up to $15 billion by 2022—up from $8 billion in 2019. Influencers, once a niche group, are now everywhere—we can spot … Continue Reading
