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FAQs About Your Business And Social Media


Today, it is likely that your business has a social media presence, or that you, personally, have a social media site or page. Many people post on social media to promote their business, which is a good idea. However, many people are also unaware of the social media ramifications of some of the things they post on social media.

Here are some basic questions and answers about social media and the law, and how you or your business could potentially run into trouble:

Q: Are the things I post on social media evidence?

A: Yes, anything you post on any social media platform is fair game to be used by a court or by the other side in a lawsuit against you. Don’t say or post anything that you wouldn’t want used against you in court.

Q: Can I take down things that I post on social media?

A: Yes, to a point. If there is the chance that a comment, picture or video could be evidence in trial, or related to any matter in any lawsuit, you can take the material down, but you must preserve it somewhere. For example, you could take down a video—but you must preserve a copy of the video, in case it is requested by a litigant in a lawsuit.

Q: Do copyright laws still apply online?

A: Yes, and they can be especially relevant for your business posts. If you personally want to post a picture of Captain America on your personal page to demonstrate your love of America, that may be OK. But if you post Captain America on your business page and say “Captain America Loves Our Company!” you could run afoul of copyright laws.

Q: Can I embed videos from other sources for my business’ page?

A: This is a highly unsettled area of law, so use caution. Just because someone makes, and posts a video to, for example, TikTok, does not necessarily mean they give you (or the rest of the world) the right to embed that video in your business’ social media post, to promote your business. The same is true with photos—whoever originally took a photo, did not give you the right to use it on your business’ page.

Q: Is it Legal to promote other people’s products?

A: There are now FTC rules, requiring disclosures if you are promoting a product and getting some benefit from the promotion, such as an influencer does. Although you may not be an “influencer,” if you are promoting something on your business page that is not related to your business (like some other company’s products) and you are getting something for the promotion, you will need to comply with FTC rules.

Q: Can I post testimonials or customer reviews?

A: Yes—so long as they are real. You should keep proof, such as the original customer emails, or some documentation that would allow you to verify that customer comments are genuine.

Promote your business the right, safe, and legal way. Call the West Palm Beach employment law attorneys at Pike & Lustig today for help and advice.



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