Offensive posts
Contrary to popular belief, you cannot simply post whatever you wish on social media. Many social media platforms have built-in monitoring algorithms to prevent offensive posts. When you sign up to a platform, you are agreeing to abide by their 'community rules'. If you break these rules, you could have your account suspended and, in some cases, further action might be taken.
Can I be prosecuted for an offensive post?
The Crown Prosecution Service (CPS) has outlined that in order to face charges for a social media post, the post must amount to a credible threat of violence, be a targeted campaign of harassment against an individual or breach a court order.
Can my employer dismiss me over a social media post?
Prosecution is not the only concern. Employees in the UK can face disciplinary action or even be dismissed from their job if they post inappropriate content on social media. Many employers have a social media policy that clearly sets out employees' expectations on social media. Generally, any comments that damage the brand's reputation, including comments about customers or the business, could be grounds for dismissal.
Reviews
Reviews can help us decide where we want to go and the businesses we choose to buy from, but leaving a false review could see you end up in court. Negative reviews can be incredibly damaging for businesses, and if the statements in such a review turn out to be false, the business could take legal action against the person who posted the review. A decision made earlier this year in the case of Summerfield Browne Limited v Waymouth resulted in a judgment of £25,000 being awarded to a firm in respect of defamatory reviews made by an individual on a review website.
Ads, gifts and sponsorship
Ever noticed some influencer posts that include #AD? Declaring ads is the law, but it applies to more than you might think. If you have received a product, service, meal or trip for free, you must declare it as an 'AD' in your social media post - even if you are not an influencer. You can find out more information here. Some high profile social media influences have contacted by the Advertising Standards Agency (‘ASA’) for failing to comply with the requirement to disclose when a social media post or story is an advert. The ASA has just published a list of Non-Compliant Social Media Influencers who despite receiving contact from the ASA, have continued to routinely fail to disclose when they advertising.
Sharing private images without consent
It is a criminal offence to share, retweet, forward or otherwise pass on a private sexual photograph or film without consent. The UK Government has created a comprehensive campaign to make the public aware of this offence, and you can find out more information here.
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.
