Legal issues in social networking

Brian Miller & Gavin LlewellynBLM@stoneking.co.uk GLL@stoneking.co.uk

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