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
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 … Continue reading
So far, 2021 has seen some social media businesses implementing content takedowns, rolling internal reforms and banning high-profile individuals and applications from using their services. It has caused some tech commentators to question recently whether this could be a defining moment in determining how social media businesses moderate content published on their platforms. Some are … Continue reading
Social media platforms have revolutionized the way people receive and deliver their news and information. Industry players, legislators, and consumers of social media have all had to adapt to this new medium of speech. While having the permanence and public nature of traditional forms of news, such as newspapers, social media posts are not subject … Continue reading
In an August 1, 2019 post titled “Without Proper Enforcement, Even the Strongest Social Media Policies May Not Protect Employers,” we discussed how enforcement of corporate social media policies was paramount to protecting employers from liability stemming from employee violations of that policy. That post discussed how employers must take care not only to formulate … Continue reading
The use of social media by employees is as fraught as it is widespread, and creates tremendous legal risk for the employer. Indeed, employers are wise to require adherence to a thorough policy regarding employee use of social media both inside and outside of work. The best policies will aim to sidestep potential legal landmines … Continue reading
On August 30, 2018, a federal trial court in Texas ordered a defendant to include a disclaimer on certain social media posts as part of a preliminary injunction in a private litigation. (WorldVentures Marketing, LLC v. Rogers, 4:18-cv-00498 (E.D. Tex. Aug. 30, 2018) (2018 WL 4169049)).… Continue reading
In the wake of the National Labor Relations Board’s (NLRB) decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), the NLRB has recently issued new guidance regarding employee handbook rules. The NLRB’s guidance can be found here. In Boeing, the Board overturned its old standard, under which an employer rule violated the … Continue reading
As we are all aware, the news has been populated with stories concerning allegations of sexual harassment and misconduct, particularly in the entertainment and media industries as well as government institutions. These stories have contributed to the “#MeToo” movement, which originated on Twitter and other social media websites in late 2017 and has since become … Continue reading
The UK government, like many others, is pushing for a safer Internet. Prompted by the global trend in cyber-bullying and online offensive material/trolling, the UK has taken steps to address Internet safety with the stated aim of being the safest place in the world to be online. We recently reported on the measured taken in … Continue reading
In South Africa, employees are under the mistaken belief that what they do in their time away from the office, specifically on social media, is private and beyond the reach of their employer’s control. They fail to consider that they could face disciplinary action for their online rants and comments. This could be fatal to … Continue reading
What is a chatbot? Essentially it is a computer program which simulates human behaviour online, including on social media. Chatbots are not a new concept but are becoming increasingly sophisticated in what they can do and how closely they can mimic human behaviour online, such that they are increasingly replacing humans in populating social media … Continue reading
In 2017, the Indiana Commission on Judicial Qualifications (the “Commission”) issued an advisory opinion that the conveyance of information via microblogging platforms, such as Twitter, does not constitute prohibited “broadcasting” under Rule 2.17 of the Code of Judicial Conduct. Under Rule 2.17, judges are required to prohibit the broadcasting of courtroom proceedings to the public … Continue reading
On January 1, 2017, the National Labor Relations Board (“NLRB”) released an advice memorandum (dated September 22, 2016) that reviewed and approved Northwestern University’s revised Football Handbook’s social media policy. The NLRB Office of the General Counsel, which prepared the advice memorandum, was asked to advise whether the university’s Football Handbook policies, including its social … Continue reading
On March 14, 2016, the popular chain, Chipotle Mexican Grill, was found to have violated the National Labor Relations Act (NLRA) when it asked an employee to delete posts on his Twitter account about the company. Specifically, in Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a National Labor Relations Board … Continue reading
The explosion of social media in the past decade has caused a major shift in the way we conduct our affairs. In particular, businesses have been required to adapt to new ways of communicating with their clients. At a rate of thousands of social media applications surfacing each month, and new legal issues surrounding the … Continue reading
Social media platforms enable users to profit from their brand and original works such as photos, videos, articles and various “mash ups”. Their brand and content may be protected by trademarks and copyrights and users may generate thousands of postings to build an extensive intellectual property portfolio. A user may develop a popular brand for … Continue reading
A recent report by the Science and Technology Committee (a UK parliamentary select committee) on the Responsible Use of Data (the Report) concludes that online terms and conditions for the use of social media platforms are unnecessarily complex and may not serve their intended purpose of obtaining informed consent from a user for the right to process … Continue reading
Social media has changed the way we do business by connecting us online to buy goods and services from each other. This has resulted in the rise of “peer-to-peer” sharing apps and websites that connect people to share goods and services, such as transportation and accommodation, among other things. Companies that create these apps – … Continue reading
The Office of the General Counsel (OGC) of the National Labor Relations Board (NLRB) recently released another advice memorandum providing enforcement guidance on employer social media policies. This time, the OGC reviewed a company social medial policy which required employees to post a specific disclaimer that they were sharing their own views and not the … Continue reading
Social media apps and networking websites are exploding in the world of social media. Just last year, Apple announced that its Apple iOS App Store reached a landmark 40 billion downloads and 775,000 apps for its platform.[1] Companies are taking advantage of this rise of social media apps and many of them use more than … Continue reading
Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and privacy policies of the various social … Continue reading
We had previously written about the U.S. Federal Trade Commission’s proposed complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. The FTC alleged the Snapchat violated the Federal Trade Commission Act through six false or deceptive acts or practices, including Snapchat’s claim that messages can “disappear forever.” … Continue reading