Legal issues in social networking
Brian Miller & Gavin [email protected] [email protected]
Stone King LLP
Who is responsible for policing the Internet?
Key players
Platform providers
Users ISPs
Who is best placed to police?
• Users– Committing the acts of infringement, but– Can be difficult to pin down
• Platforms/intermediaries– Innocent bystanders or joint tortfeasors?
• ISPs – Even further removed from the infringement
Relevant laws
• Defamation• Privacy/confidence• Data protection• Copyright, trade marks, design rights
Relevant laws
• Defamation– Publication of statements likely to cause
serious harm to reputation– Responsibility for publication
• Author• Website host• ISP
– Question of control
Relevant laws
• Privacy/confidence, and• Copyright, trade marks, design rights
– Users posting material are liable– Website hosts with actual knowledge of
breach must take action
Relevant laws
• Data protection– Question of control– Who determines how information is
processed?– Arguably users on social media sites– Privacy policy/terms of service – do you have
them and are they up-to-date?
Key issues
• Question of control• Policies and procedures• Ensure employment/services contracts
allocate responsibility and provide you with a cause of action
• Educate staff
Recommended
