Question of the Week
My company is considering using blogs and social media as a marketing and business tool. What can my company do to protect itself from possible litigation?
It's important to keep in mind social media's dark side – litigation. For example, Viacom sued YouTube last year, claiming over 1 billion dollars in damages, as a result of Internet users uploading videos on YouTube. As another example, Florida-based DontDateHimGirl.com was sued as a result of an Internet user's comments that an ex-boyfriend was a cheater and had a sexually transmitted disease.
Although laws regarding social media are still developing, recent cases highlight ways in which companies might be able to protect themselves from social media-related claims. Below are some examples:
• Implement a carefully-drafted terms of service agreement that makes it clear that the Internet user is solely liable for his or her infringing or defamatory content.
• Try to take advantage of the protections of the Digital Millennium Copyright Act by having the right notice, take down and repeat infringer policies in place.
• Avoid representing your company as the publisher of Internet users' content, as doing so may affect protections provided by the Communications Decency Act.
• Avoid encouraging users to provide content that violates applicable law or third parties' rights.
• Provide consumers with a carefully-drafted privacy policy, actually do what the privacy policy says, and carefully review and consider collection of children's information.
• Be careful about monetizing user generated content, as doing so may result in losing certain legal protections.
For more information, please contact Gaida Zirkelbach.
