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You are likely to market your eCommerce business as much as possible to increase sales for products or services. Social media is an excellent way to do this for potential customers and is often cost-effective for small businesses online. However, social media law is an area of law that is growing and changing. There are plenty of legal considerations and legal issues you should bear in mind when using your Instagram account. Instagram is one of many social media platforms. An Instagram business account is just one of the many social media tools available to you to market your business. As such, it is prudent for your business to have a social media policy in place before you conduct any social media marketing. This policy sets out the framework for responsible social media activity by those managing your business’s social media accounts. This article will explain some legal considerations when your eCommerce business is marketing on Instagram.
Posts and Reviews
When you market your online business on Instagram, you need to consider the legal consequences and liability that can stem from comments, posts and reviews. This is because it is important to avoid defamation and malicious falsehood.
For example, you have to be aware of your comments to ensure they do not contain false information or damaging untrue statements about others. If they do, you could find your online business facing court due to laws on defamation with the possibility of either:
- paying damages;
- an order to remove your post or review; or
- an injunction to stop you from repeating the comments again.
Instagram can also require your online brand to take action before any court action. They can request you remove your comment and write a public apology on the Instagram site. Equally, your eCommerce brand could be on the receiving end of defamatory comments. If so, you can consider these legal remedies for your brand.
Instagram’s Terms and Conditions
If you market your eCommerce business on Instagram, another legal consideration you must bear in mind is their terms and conditions. You should comply with these as part of the rules of using their social media site. One condition is that when using the branded content tool to market your online business, you comply with any law applicable to the usage. Another condition that Instagram requires your internet business to consider is not to promote particular content with the branded content tool. This means that you cannot use the branded content tool to promote any content that relates to:
- tobacco products and related items, including e-cigarettes;
- unsafe supplements;
- regional lotteries; or
- payday-style loans, payslip advances and bail bonds.
Also, there are some restrictions on branded content, which means you can promote it, providing you restrict who can see it. This includes, for example, alcohol, financial and insurance products and services.
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Intellectual Property Usage
A legal consideration many businesses fail to take into account when marketing on social media, such as Instagram, is failing to consider another’s intellectual property. As an online business marketing on Instagram, this is something you should consider. For example, you must not use something someone has the copyright for unless they permit you.
If you use a trademark without permission, you could face trade mark infringement. Also, your online customers may believe that your eCommerce website is actually that brand, and this is illegal as it is passing off.
If you fail to consider intellectual property issues when marketing your online business on Instagram, your e-commerce business could face a claim for damages or an injunction.
Protection of Confidential Information
The law protects confidential information, which is information that is not usually made available to the public. Therefore, businesses like your online business must not purposely or accidentally release such information, including when marketing on Instagram. For example, when marketing your eCommerce business, you should not do so by commenting about another online business’s future business plans, such as because you are comparing them to yours.
If your online business releases confidential information when marketing on Instagram, you could breach the common law of confidence. Revealing personal information on Instagram marketing could also mean you breach a contract.
This factsheet sets out how your business can become GDPR compliant.
Key Takeaways
If you market your online business on social media, one possibility is through Instagram. If you choose Instagram as a social media platform to sell your business, there are legal considerations to think about. This article has presented some of these. Further, this article has explained that when your online business posts comments and reviews, the comments must not be defamatory. It also demonstrates that you may consider Instagram’s terms and conditions, which you must comply with, such as those covered with branded content. As an online business marketing on Instagram, you should also consider that you must not post confidential information and should not use other’s intellectual property.
If you need help understanding the legal considerations that you should be aware of when marketing on Instagram, contact our experienced eCommerce lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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