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Social Media Law Bulletin - Understanding the legal challenges and implications surrounding social media Norton Rose Fulbright LLP Blog Network Home About Topics COPPA Copyright Defamation Employment and labor Fraud Litigation Patent Privacy Security Social media policies Trademark Glossary Worldwide Glossary of law Glossary of guidance Glossary of terms Glossary of social media sites Contact Social Media Law Bulletin Understanding the legal challenges and implications surrounding social media Who is Fact Checking the Fact Checkers? By Daniel Daniele on April 4, 2017 Posted in Defamation, Privacy With the proliferation of so-called “fake news”, companies are starting to rely on third party organizations to perform a “fact checking” function in order to distinguish between legitimate news and fake news. The fake news epidemic gained traction in the recent US presidential election. We have previously written about the fake news problem, as well as the UK Government’s plan to tackle the issue. While fake news began as false information disguised as legitimate news sources, the problem with fake news and the question as to what constitutes fake news is becoming more complicated and nuanced. Continue reading Tweet Like Email LinkedIn Google Plus Tags: Defamation, Facebook, fake news, Privacy Court orders ex-employee to update LinkedIn profile By Kerri Crawford (SA) on March 30, 2017 Posted in General A South African High Court on March 8, 2017 reportedly gave a former estate agent five days to correct the employment information on his LinkedIn profile. Three years after Mr. van der Schyff resigned from his position at Danie Crous Auctioneers, his profile still reflected that he was employed there. Despite two years’ worth of requests from the company to correct the information, eventually followed by a demand from its lawyer, van der Schyff refused to do so. The company then approached the court for an order to compel the profile correction. Continue reading Tweet Like Email LinkedIn Google Plus Tags: LinkedIn, misrepresentation, profile Twitter and hate speech policy By Sinal Govender (SA) on March 21, 2017 Posted in General This year seems to have started off in much the same way as 2016 ended. Celebrities, politicians, and everyday people have flocked to social media to provide their commentary on everything from global crises to envelope sagas. Towards the end of 2016, Twitter announced that no person is above their policies, particularly in respect of hate speech, and threatened to remove Donald Trump’s verified account if the President continued to violate them. But what exactly do the Twitter policies say? Continue reading Tweet Like Email LinkedIn Google Plus Tags: hate speech, Social media, Twitter Social Media, Age, and the Entertainment Industry By Susan Ross (US) on March 14, 2017 Posted in General Can a state law prevent a social media site from publicly posting accurate age information about individuals in the entertainment industry—even if that information is posted by users? The California legislature and Governor believed it was permissible, and the legislation went onto effect on September 24, 2016 (Cal. AB 1687, adding Cal. Civ. § 1798.83.5). Five months later, a federal judge temporarily enjoined the government from enforcing that law, in IMDb.com Inc. v. Becerra, No. 16-cv-06535-VC (N.D. Cal. Feb. 22, 2017). Continue reading Tweet Like Email LinkedIn Google Plus Tags: age, celebrity, commercial speech, entertainment, First Amendment, hollywood, IMDb UK Government seeks to tackle the “fake news” problem By Farah Mukaddam (UK) on March 8, 2017 Posted in Defamation In the past, concerns regarding news focussed on traditional media (typically newspapers and broadcasters) and the role they played in curating and controlling public information and sentiment. In recent months, the focus has shifted to the distribution of news on the internet and social media and the so-called ‘fake news’ problem. Continue reading Tweet Like Email LinkedIn Google Plus Tags: Defamation, Facebook, fake news, UK Parliament Industrial Designs: Protecting Graphical User Interfaces – A Primer for Social Media Entrepreneurs By Brian Chau (CA) on March 7, 2017 Posted in Patent This post is directed to entrepreneurs and developers who are building platforms incorporating features of social media networks, or building their own social media technologies, regarding design protection requirements in Canada. Several practice notices have been issued very recently by the Canadian Industrial Design Office, providing guidance on designs including colour and animated graphical user interfaces (GUIs), among others. Continue reading Tweet Like Email LinkedIn Google Plus Tags: industrial design, ornament, Patent, utility patent Facebook’s California Choice-of-Law Provision Rules the Day By Sean Topping (US) on March 2, 2017 Posted in Litigation On January 9, 2017, the Northern District of California granted Facebook’s motion to dismiss for claims brought under New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“the TCCWNA”). In Palomino v. Facebook, Inc., a putative class of New Jersey residents challenged Facebook’s Terms of Service, which, among other provisions, require users to waive potential claims for misconduct such as deceptive and fraudulent practices. Plaintiffs argued that this violated two provisions of the TCCWNA that prohibit such waivers. The case was resolved before advancing to the merits. Continue reading Tweet Like Email LinkedIn Google Plus Tags: Facebook, Litigation, terms of service;tccwna; NLRB Reviews and Approves Northwestern University’s Revised Football Handbook Social Media Policy By Heather Sherrod on February 22, 2017 Posted in Employment and labor, Social media policies On January 1, 2017, the National Labor Relations Board (“NLRB”) released an advice memorandum (dated September 22, 2016) that reviewed and approved Northwestern University’s revised Football Handbook’s social media policy. The NLRB Office of the General Counsel, which prepared the advice memorandum, was asked to advise whether the university’s Football Handbook policies, including its social media policy, were lawful. Continue reading Tweet Like Email LinkedIn Google Plus Tags: national labor relations board, NLRB, Social media, social media policy Tort claims may be adapting to a world of social media By Caleb Segrest (US) on February 17, 2017 Posted in General The United States District Court for the Southern District of New York ruled, on January 18, 2017, on a defendant’s motion to dismiss replevin, conversion, and trespass claims related to the misuse of various domain names and social media accounts. Salonclick LLC d/b/a Min New York , 16 Civ. 2555 (KMW), 2017 WL 239379 (S.D.N.Y. Jan. 18, 2017). The plaintiff in the case (“Plaintiff”) operated a business that manufactured and sold a variety of grooming products, including hair and skin care products. The Plaintiff used various ...

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