Like it or not, the social media phenomenon has arrived, and it’s here to stay! Unfortunately many Australian organisations are struggling to understand the legal risks before they get involved in this new media for the fear of adverse consequences. Dundas Lawyers is actively involved in social media law and regularly comments on various issues of the law as they apply in this area. We also regularly conduct training sessions with organisations on how to best understand the legal risks, so they can actively participate and harness the benefits of social media.
Social media legal services
The aim of our service in this area is to assist organisations to navigate the unchartered legal risks of employee participation in social networking sites (both during and after work hours), as well as risks posed by third parties. The risks posed by organisations come from laws relating to employment, media, technology, intellectual property, contract and tort law and industry specific laws related to the particular organisation as enshrined in Statute and Case Law. This new speciality area of law aims to protect the rights of organisations on the online world, so that they can safely harness the many benefits of social networking.
A Social Media Lawyer not only understands the legal issues, but understands how the sites work themselves, the associated human resources’ issues and can apply existing legal principles to new and varied situations across jurisdictions. Organisations participating in social networking sites without appropriate legal protection in the form of contracts and policies; risk brand dilution, their reputation and a range of other mischief that are emerging online on a daily basis.
Dundas Lawyers’ specialist services in this area include protecting against risks by drafting specialised clauses, organisational policies and litigating to enforce the organisation’s rights when appropriate.
- Employment agreements;
- Clauses for applicable contracts;
- Social media legal risk training.
Any Social Media Policy must reflect the social media strategy and be binding and enforceable on staff. Therefore, Dundas Lawyers drafts:
- Social Media Policies – all staff;
- Social Media Policies – staff authorised to use social networking sites on behalf of the organisation.
Guidance by the Australian Competition and Consumer Commission (ACCC) business use of Social Media
- Australian Competition and Consumer Commission v A Whistle (1979) Pty Ltd
- Businesses obligations when trading online – Competition and Consumer Act 2010
- ACCC Guidance for online user reviews
- ACCC guidance on business use of social media
Litigation and enforcement
Besides the usual services in this area, Dundas Lawyers has had experience in acting against Facebook to have material removed that is offensive to organisations, when the usual processes fail.
For further information on how Dundas Lawyers can assist your company, please contact:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
Telephone: (07) 3221 0013
Facsimile: (07) 3221 0031
Mobile 0419 726 535