Social media is an incredibly effective tool for businesses to promote their products and interact directly with customers. Businesses using social media channels like Facebook and Instagram have a responsibility to ensure that they understand the law regarding the content they or others post on their pages. We recommend seeking legal advice when creating a business page for your business to make sure it complies with social media laws and consumer law.
Consumer protection laws against businesses making false, misleading or deceptive claims about their products or services also apply to social media. Therefore, you must not make any false or misleading claims during while marketing or promoting your business. This includes Facebook and Instagram.
Importantly, you may also be liable for posts made on your social media pages by others. Many businesses unknowingly accept responsibility for posts made on their social media by the public, by not removing them.
Responding to comments may not be enough to mitigate your liability for any posts made by others on your business’ social media page. We recommend that businesses monitor their social media pages closely and vigilantly delete any false, misleading or offensive comments. Users who make these comments should be blocked.
As a general rule, don’t make statements on your business’ social media pages that you wouldn’t make during other advertising. We recommend seeking legal advice if you are unsure if what you are saying is OK.
You should also treat posts by others on your business’ social media page in the same way as posts made by you or your business, and set rules and guidelines that users must agree to and follow in order to use and access your website.
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