Facebook, Twitter and other Social Media: The Legal Issues

This seminar will explore the legal issues arising around social media and its use. Each of the three talks will focus on a different aspect of this dynamic and topical subject.

Dates & Times

March 11, 2013 @ 12:00 am

Introduction to Facebook and Third Party Use of your IP on Facebook

Erica Crump and Mindy Jhittay will discuss the basics of social media and intellectual property (including copyright and trade marks), the terms that govern use of Facebook, and what to do if another party misuses your name and brand there.

• What is social media?
• What forms of IP exist in social media?
• How might Data Protection law be applicable to social media?
• FB terms & conditions – how do they regulate your use? How do they regulate third party use of your IP?
• What are the remedies for third party infringement?

Facebook and Employment considerations

Lucy McLynn will discuss why employee misconduct on social media has become such an important issue, the extent to which employee conduct on social media outside of work can be taken into account when it impacts on an employee’s suitability for their job (discussing fairness, privacy and evidential issues) and how an employer can best manage these issues through a carefully considered social media policy. Issues covered include:

• Misuse of social media in the workplace
• When is conduct on social media outside of work relevant to an employer?
• The importance of an appropriate social media policy

‘Defamation’ and ‘Facebook posts as evidence: defamation and disciplinary considerations of social media in professional conduct proceedings’

Mark Scodie will discuss managing defamation, privacy and other related legal risks online and in social media. Issues covered include:

• An overview of the law relating to defamation, malicious falsehood, privacy, harassment and contempt of court as it pertains to online publication
• User-generated content – to moderate or not moderate?
• Examples of cases where things have gone wrong, and practical tips.

Selman Ansari will discuss how use of social media impacts on professional conduct in regulated professions and membership organisations. Issues covered include:

• What constitutes misconduct amongst regulated professionals
• Causing disruption through social media: what are the ‘offences’
• Evidence: what do ‘likes’, ‘shares’ and ‘statuses’ amount to in a disciplinary context