The Legal Blog

You’ve been working hard.

You’ve built a social media following.

People online know, like, and trust you and your business.

And now it’s time to go to the next step.

Social media advertising.

Super Exciting!

But wait…says the attorney. (hint: that’s me)

Are your ads legally compliant?

You have no clue?

You are not alone on social media.

Many small business owners advertise on social media without any knowledge of the legal risks.

Like you, advertising is all about business development, and not at all on your legal compliance list.

It’s not your fault that you don’t know about social media legal stuff.

Without the right legal knowledge and expertise, you aren’t expected to know such things.

That’s where I come in.

I DO have the legal knowledge and expertise to help you reduce your legal risk in advertising.

Wondering what that means?

Here’s a social media advertising legal checklist to start you on your journey.

Three Ways to Reduce Your Legal Risk in Social Media Advertising

Social media platforms are a popular way to advertise.

Advertising on these platforms has relatively low costs, real-time responsiveness, and a quick and easy way for others to share.

However, social media also poses legal risks to the advertiser.

Did you know that advertising regulators are actively monitoring and policing social media advertising?

Don’t worry – I’m here for you.

Keep reading…

…You’ll be glad you did….

Here are three ways you can reduce your legal risks today.

BE TRUTHFUL

Sounds easy right?

Of course you’ll be truthful.
⠀

But here’s the point:

Each and every statement in your advertisement must be accurate and properly substantiated.

All product labels and other marketing communications must be true and complete in all respects.

All endorsements must be truthful and not misleading.

Be aware that a claim can be made for misleading or false advertising, even without a showing of actual injury.

So check your facts once, twice, and then check them once again.

USE YOUR OWN INTELLECTUAL PROPERTY

For those that know me, intellectual property (IP) is my favorite topic.

Be aware of the risk of violating the IP of others.

It’s especially important that your advertisements do not infringe on someone else’s content, images, inventions, trademarks, or any other IP.

An infringement finding can cost you anywhere from a few hundred to many thousands of dollars for each work infringed. You can be subject to not only civil lawsuits, but even criminal penalties. In some cases, the infringer can even end up in jail!

Here’s what you should do:

FIRST LINE OF DEFENSE – USE YOUR OWN UNIQUE CONTENT.

SECOND LINE OF DEFENSE – BE SURE YOU HAVE PERMISSION TO USE ANYONE ELSE’S CONTENT.

Remember: even using someone else’s IP inadvertently is still infringement.

Do a thorough IP clearance of all advertisements before publishing.

You’ll be glad you did.

COMPLY WITH THE PLATFORM’S POLICIES

Did you know that each social media platform has its own policies?

When you use the platform, you are agreeing to those policies.

It’s your contract with the platform.

Policies typically include: IP rights, age limitations, permissible content use, and privacy.

Even if a particular activity is legal in all respects, it must not violate any applicable policy of the hosting company.

If you violate a policy, the advertisement may be taken down.

𝑨𝑵𝑫….𝒚𝒐𝒖 𝒎𝒂𝒚 𝒆𝒏𝒅 𝒖𝒑 𝒊𝒏 “𝒔𝒐𝒄𝒊𝒂𝒍 𝒎𝒆𝒅𝒊𝒂 𝒋𝒂𝒊𝒍.”

Reduce the legal risks of online advertising with these three steps.

Your future self will be glad you did.

Want to learn more about social media advertising legal protections? Contact me here.