Twitter is testing a new safety feature aimed at reducing unwanted interactions. As explained in a Twitter Safety blog on 1 September 2021, Safety Mode temporarily blocks accounts (Author Accounts) found by Twitter’s artificial intelligence (AI) to be
General
Promotional contests, sweepstakes, and giveaways: like, share, and follow the rule
Social media contests, sweepstakes, and giveaways have grown increasingly popular in the past few years and have become a common marketing strategy for businesses. From “like and share this post” to “tag five friends for extra entries,” contests allow businesses to promote their brand, generate leads, and engage with current and new customers. While it may be fun and games for the entrants, businesses need to be mindful of the rules regulating promotional contests.
Telemedicine ads limited by Facebook
As the telemedicine industry continues to grow, especially in light of COVID-19, businesses should reconsider their policies and procedures in connection with telehealth services and user safety.
Notably, Facebook recently responded to the growing use of telemedicine by amending its policies with respect to advertisements by telemedicine companies for prescription drugs. The new policy, which according to Facebook is intended to ban the promotion of illicit drugs and unsafe substances, goes into effect on August 25, 2021.
Proposed Canadian law to regulate social media companies and streaming giants
In late June of 2021, Members of Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. The Bill proposes to subject social media platforms and streaming services, collectively described in the Bill as ‘online undertakings’, to requirements similar to those imposed on traditional television and radio broadcasting companies in Canada. For example, this proposal could include requiring these companies to contribute financially to the production of Canadian cultural industries. The proposed changes aim to harness the explosive popularity of social media and streaming sites to support Canadian content online.
“Creator Codes” aim to create a kinder social media
As influencer marketing skyrockets in importance, social media companies have taken steps to make their platforms more attractive to this new wave of advertising. One way of making platforms attractive to both users and creators is to keep the platforms free of negativity. Negativity on social media has been a major reason for users to abandon sites and can make creators hesitant to use platforms where they do not feel supported. Additionally, 2020 saw many headlines regarding misinformation, hate-speech, and lack of moderation. As advertisers boycotted platforms and calls for action grew louder, social media platforms began to look for ways to promote themselves as socially conscious and safe. One of Pinterest’s answers to these calls is the “Creator Code.” Pinterest announced this code as an effort to help its platform be a positive and inspiring place.
Social media apps, CDA § 230, and products liability
On May 4, 2021, the Ninth Circuit reversed the district court’s judgment for Snap, Inc., owner of the mobile application Snapchat, in a case brought by the parents of two teenage boys tragically killed in a car accident. The parents claimed that Snap, Inc. caused the death of their sons through its negligent design of Snapchat. They claimed that that their sons were encouraged to drive at dangerously high speeds by a Snapchat filter which purports to show the user’s real-time speed (the “Speed Filter”). The boys in this case drove at speeds reaching 123 miles per hour and eventually fatally crashed into a tree going approximately 113 miles per hour. Shortly before the accident one of the boys opened Snapchat to use the Speed Filter, believing that posting a video of them traveling over 100 m.p.h could result in rewards within the app. See Lemmon v Snap, Inc. (9th Cir. May 4, 2021). Snap claimed immunity under federal law.
U.S. Supreme Court ended battle concerning President Trump’s blocking of individuals on Twitter
Introduction
The U.S. Supreme Court recently ended the legal battle between former President Donald Trump and individuals whom Mr. Trump had blocked on Twitter, by granting the government’s petition for a writ of certiorari filed when Mr. Trump was still the President, vacating the Second Circuit’s judgment against Mr. Trump, and remanding the case with instructions to dismiss the matter as moot. See Biden v. Knight First Amendment Institute at Columbia University, et al., 593 U.S. __ (2021).
The legal discussions offered in this case may be significant for future disputes concerning speech made on interactive online venues made available by corporations and/or individuals.
California legislature takes aim at social media user conduct
In the last week of March 2021, a bill was introduced in the California assembly that would require social media platforms to publicly disclose the specific user conduct that will get users temporarily or permanently banned from those sites—including online hate, disinformation, extremism, harassment, and foreign interference.
Defamatory social media posts may establish personal jurisdiction in California
In recent posts, we have discussed how employee social media use may subject California companies to liability for defamation. Now, a recent California court of appeals case found that social media conduct by out-of-state users was sufficient to establish personal jurisdiction in California courts.
Social media and the Computer Fraud and Abuse Act
Given all the recent headlines about data theft as well as a resurgence of interest in the Computer Fraud and Abuse Act (CFAA), a December 18, 2020 ruling from a federal trial court in Colorado may be of interest to our readers. MCS Safety Solutions, LLC v. Trivent Safety Consulting, LLC, No. 19-cv-00938-MEH (D. Colo. Dec. 18, 2020) (2020 WL 7425874).