We\u2019re not going to sugar-coat it: social media compliance is a big deal. A lack of social media compliance monitoring can have serious consequences.<\/p>\n
But don\u2019t panic! We\u2019ll walk you through the most important compliance elements to protect your brand.<\/p>\n
Key Takeaways<\/h3>\n\n- Social media compliance involves adhering to various laws, regulations, and industry guidelines when using social media for marketing and community engagement.\u00a0<\/li>\n
- These rules can vary by region and industry, covering areas such as data privacy (e.g., GDPR, CCPA), confidentiality, advertising regulations, and intellectual property rights.\u00a0<\/li>\n
- Violations can lead to serious consequences, including fines, lawsuits, or loss of social media privileges.<\/li>\n
- To ensure social media compliance, organizations should understand relevant laws, control access to social accounts, monitor social media activities, archive communications, use pre-approved content libraries, disclose sponsored content, invest in regular training, and develop comprehensive social media policies.\u00a0<\/li>\n<\/ol>\n<\/div>\n<\/div>\n
What is social media compliance?<\/span><\/h2>\nSocial media compliance simply means following the rules required on social media. But in practice, social media compliance is hardly ever simple. The \u201crules\u201d are a complicated mix. They can include industry regulations, guidelines, and federal, state, and local laws.<\/p>\n
Common social media compliance risks<\/span><\/h2>\nSocial media compliance standards and risks vary by industry and location. The most common generally fall into the following categories.<\/p>\n
Data privacy and protection<\/h3>\nSocial media platforms collect a lot of personal data from users. Businesses can and do use this info for targeted marketing and advertising.<\/p>\n
But businesses must work within data privacy laws. That includes obtaining appropriate consent and protecting the data from unauthorized access.<\/p>\n
Here are some crucial data protection regulations grouped by region:<\/p>\n
The general principles have a lot of overlap:<\/p>\n
\n- Do not send unsolicited messages<\/li>\n
- Notify users when collecting and storing their personal data<\/li>\n
- Ensure users\u2019 personal data is secure and used in a responsible way<\/li>\n<\/ul>\n
Confidentiality<\/h3>\nMarketers must understand the full scope of confidentiality requirements in their industry. Confidentiality extends beyond data privacy. It includes all information about people involved with a business, online or offline.<\/p>\n
For example, those marketing educational institutions must follow both:<\/p>\n
In healthcare, there\u2019s the Health Insurance Portability and Accountability Act<\/a> (HIPAA) Privacy Rule. Even resharing a social post without signed consent could be a compliance issue. (More on this below.)<\/p>\nFor instance, a physician\u2019s assistant student was recently called out on X (formerly Twitter). The student was posting patients\u2019 radiographs and other confidential images on social media.<\/p>\n\n\n\n\ud83c\udd98Hi @_BNUni<\/a> <\/p>\nYour Physician Assistant students are sharing photos of patients\u2019 radiographs and excised BREAST tissue on social media \u2620\ufe0f<\/p>\n
\u2b55\ufe0fThis is a serious breach of patient confidentiality and patients can be easily identified<\/p>\n
\u2b55\ufe0f Did they seek consent?<\/p>\n
Totally unacceptable pic.twitter.com\/OTYNehhOuy<\/a><\/p>\n\u2014 The Med Reg (@MedRegoncall1) June 13, 2024<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\nThis case involved a student, rather than an employee. But it still puts the university involved at compliance risk. Everyone involved with your organization needs to understand social media compliance. Even if they don\u2019t work in social media.<\/p>\n
For more details, check out our post on using social media for healthcare<\/a>.<\/p>\nAdvertising regulations<\/h3>\nMarketers must understand social media ad compliance regulations for promoting their businesses. This includes disclosing sponsored content and ensuring that advertisements are truthful. If you fail to do this, you risk facing fines or lawsuits.<\/p>\n
In the United States, organizations like the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulate social media posts. The FDA monitors claims related to food, beverage, and supplement products. The FTC scrutinizes online reviews, endorsements and testimonials. Including those from social media influencers<\/a>.<\/p>\nThe Financial Industry Regulatory Authority (FINRA<\/a>) monitors financial services businesses in the US. FINRA says that social media posts must be \u201cfair, balanced and complete.\u201d<\/p>\nIn the UK, the Advertising Standards Authority (ASA) regulates advertising. They work with codes creed by the Committees of Advertising Practice (CAP).<\/p>\n![\"CAP](\"https:\/\/i0.wp.com\/blog.hootsuite.com\/wp-content\/uploads\/2024\/08\/social-media-compliance-6.png?resize=371%2C460&ssl=1\")
<\/figure>\nSource: CAP and CMA, Influencers\u2019 guide to making clear that ads are ads<\/a><\/em><\/p>\nSince 2021, the ASA has publicly listed<\/a> influencers who regularly fail to disclose paid posts. They can also ban ads that don\u2019t meet the guidelines.<\/p>\nCommunity standards<\/h3>\nAll social media platforms have community guidelines. In creating an account, every business agrees to these guidelines. That means marketers must follow these rules when posting content on social media.<\/p>\n
The risks can be serious if you violate a platform\u2019s content guidelines. The platform may just remove your post. But they could remove your account from recommendations algorithms. They might also limit monetization features, or even ban your account.<\/p>\n
Intellectual property rights<\/h3>\nMarketers must be careful to respect intellectual property rights<\/a> when posting content online.<\/p>\nAny content created by someone else may be subject to copyright. This includes images, video clips, music, quotes and more. Don\u2019t risk using other people\u2019s content without permission.<\/p>\n
Memes are a bit of a gray area for intellectual property risks. In fact, both a meme and its original materials can be copyrighted or trademarked<\/a>. Images that include real people are particularly risky.<\/p>\nRemember the \u201cSuccess Kid\u201d meme?<\/p>\n
The child\u2019s mother took the picture and therefore owns the copyright. She sued 2020 congressional candidate Steve King for using the image without permission. After a long legal process, he lost his appeal<\/a> against an original finding of infringement earlier this month.<\/p>\nTo be safe, stick to using your own images. Or, look for royalty-free images<\/a> or those with an appropriate Creative Commons license<\/a>.<\/p>\nAccess and archiving<\/h3>\nThe U.S. Freedom of Information Act<\/a> (FOIA) and other public records laws ensure public access to government records. That includes government social media posts. So, official government social accounts should not block followers, even problematic ones.<\/p>\nThis can also apply when politicians and public officials use their personal pages to conduct public business. The Supreme Court recently noted<\/a>:<\/p>\n\u201cA public official who fails to keep personal posts in a clearly designated personal account \u2026 exposes himself to greater potential liability.\u201d<\/p>\n
In other words, avoid mixing personal and professional posts. Doing so can create compliance risk for public sector employees.<\/p>\n
Meanwhile, archiving compliance requirements ensure organizations have a record of social media activities. The Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC) both require financial services firms to archive social media communications in context.<\/p>\n
What is social media compliance?<\/span><\/h2>\nSocial media compliance simply means following the rules required on social media. But in practice, social media compliance is hardly ever simple. The \u201crules\u201d are a complicated mix. They can include industry regulations, guidelines, and federal, state, and local laws.<\/p>\n
Common social media compliance risks<\/span><\/h2>\nSocial media compliance standards and risks vary by industry and location. The most common generally fall into the following categories.<\/p>\n
Data privacy and protection<\/h3>\nSocial media platforms collect a lot of personal data from users. Businesses can and do use this info for targeted marketing and advertising.<\/p>\n
But businesses must work within data privacy laws. That includes obtaining appropriate consent and protecting the data from unauthorized access.<\/p>\n
Here are some crucial data protection regulations grouped by region:<\/p>\n
The general principles have a lot of overlap:<\/p>\n
\n- Do not send unsolicited messages<\/li>\n
- Notify users when collecting and storing their personal data<\/li>\n
- Ensure users\u2019 personal data is secure and used in a responsible way<\/li>\n<\/ul>\n
Confidentiality<\/h3>\nMarketers must understand the full scope of confidentiality requirements in their industry. Confidentiality extends beyond data privacy. It includes all information about people involved with a business, online or offline.<\/p>\n
For example, those marketing educational institutions must follow both:<\/p>\n
In healthcare, there\u2019s the Health Insurance Portability and Accountability Act<\/a> (HIPAA) Privacy Rule. Even resharing a social post without signed consent could be a compliance issue. (More on this below.)<\/p>\nFor instance, a physician\u2019s assistant student was recently called out on X (formerly Twitter). The student was posting patients\u2019 radiographs and other confidential images on social media.<\/p>\n\n\n\n\ud83c\udd98Hi @_BNUni<\/a> <\/p>\nYour Physician Assistant students are sharing photos of patients\u2019 radiographs and excised BREAST tissue on social media \u2620\ufe0f<\/p>\n
\u2b55\ufe0fThis is a serious breach of patient confidentiality and patients can be easily identified<\/p>\n
\u2b55\ufe0f Did they seek consent?<\/p>\n
Totally unacceptable pic.twitter.com\/OTYNehhOuy<\/a><\/p>\n\u2014 The Med Reg (@MedRegoncall1) June 13, 2024<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\nThis case involved a student, rather than an employee. But it still puts the university involved at compliance risk. Everyone involved with your organization needs to understand social media compliance. Even if they don\u2019t work in social media.<\/p>\n
For more details, check out our post on using social media for healthcare<\/a>.<\/p>\nAdvertising regulations<\/h3>\nMarketers must understand social media ad compliance regulations for promoting their businesses. This includes disclosing sponsored content and ensuring that advertisements are truthful. If you fail to do this, you risk facing fines or lawsuits.<\/p>\n
In the United States, organizations like the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulate social media posts. The FDA monitors claims related to food, beverage, and supplement products. The FTC scrutinizes online reviews, endorsements and testimonials. Including those from social media influencers<\/a>.<\/p>\nThe Financial Industry Regulatory Authority (FINRA<\/a>) monitors financial services businesses in the US. FINRA says that social media posts must be \u201cfair, balanced and complete.\u201d<\/p>\nIn the UK, the Advertising Standards Authority (ASA) regulates advertising. They work with codes creed by the Committees of Advertising Practice (CAP).<\/p>\n<\/figure>\nSource: CAP and CMA, Influencers\u2019 guide to making clear that ads are ads<\/a><\/em><\/p>\nSince 2021, the ASA has publicly listed<\/a> influencers who regularly fail to disclose paid posts. They can also ban ads that don\u2019t meet the guidelines.<\/p>\nCommunity standards<\/h3>\nAll social media platforms have community guidelines. In creating an account, every business agrees to these guidelines. That means marketers must follow these rules when posting content on social media.<\/p>\n
The risks can be serious if you violate a platform\u2019s content guidelines. The platform may just remove your post. But they could remove your account from recommendations algorithms. They might also limit monetization features, or even ban your account.<\/p>\n
Intellectual property rights<\/h3>\nMarketers must be careful to respect intellectual property rights<\/a> when posting content online.<\/p>\nAny content created by someone else may be subject to copyright. This includes images, video clips, music, quotes and more. Don\u2019t risk using other people\u2019s content without permission.<\/p>\n
Memes are a bit of a gray area for intellectual property risks. In fact, both a meme and its original materials can be copyrighted or trademarked<\/a>. Images that include real people are particularly risky.<\/p>\nRemember the \u201cSuccess Kid\u201d meme?<\/p>\n
The child\u2019s mother took the picture and therefore owns the copyright. She sued 2020 congressional candidate Steve King for using the image without permission. After a long legal process, he lost his appeal<\/a> against an original finding of infringement earlier this month.<\/p>\nTo be safe, stick to using your own images. Or, look for royalty-free images<\/a> or those with an appropriate Creative Commons license<\/a>.<\/p>\nAccess and archiving<\/h3>\nThe U.S. Freedom of Information Act<\/a> (FOIA) and other public records laws ensure public access to government records. That includes government social media posts. So, official government social accounts should not block followers, even problematic ones.<\/p>\nThis can also apply when politicians and public officials use their personal pages to conduct public business. The Supreme Court recently noted<\/a>:<\/p>\n\u201cA public official who fails to keep personal posts in a clearly designated personal account \u2026 exposes himself to greater potential liability.\u201d<\/p>\n
In other words, avoid mixing personal and professional posts. Doing so can create compliance risk for public sector employees.<\/p>\n
Meanwhile, archiving compliance requirements ensure organizations have a record of social media activities. The Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC) both require financial services firms to archive social media communications in context.<\/p>\n
Social media compliance standards and risks vary by industry and location. The most common generally fall into the following categories.<\/p>\n
Data privacy and protection<\/h3>\nSocial media platforms collect a lot of personal data from users. Businesses can and do use this info for targeted marketing and advertising.<\/p>\n
But businesses must work within data privacy laws. That includes obtaining appropriate consent and protecting the data from unauthorized access.<\/p>\n
Here are some crucial data protection regulations grouped by region:<\/p>\n
The general principles have a lot of overlap:<\/p>\n
\n- Do not send unsolicited messages<\/li>\n
- Notify users when collecting and storing their personal data<\/li>\n
- Ensure users\u2019 personal data is secure and used in a responsible way<\/li>\n<\/ul>\n
Confidentiality<\/h3>\nMarketers must understand the full scope of confidentiality requirements in their industry. Confidentiality extends beyond data privacy. It includes all information about people involved with a business, online or offline.<\/p>\n
For example, those marketing educational institutions must follow both:<\/p>\n
In healthcare, there\u2019s the Health Insurance Portability and Accountability Act<\/a> (HIPAA) Privacy Rule. Even resharing a social post without signed consent could be a compliance issue. (More on this below.)<\/p>\nFor instance, a physician\u2019s assistant student was recently called out on X (formerly Twitter). The student was posting patients\u2019 radiographs and other confidential images on social media.<\/p>\n\n\n\n\ud83c\udd98Hi @_BNUni<\/a> <\/p>\nYour Physician Assistant students are sharing photos of patients\u2019 radiographs and excised BREAST tissue on social media \u2620\ufe0f<\/p>\n
\u2b55\ufe0fThis is a serious breach of patient confidentiality and patients can be easily identified<\/p>\n
\u2b55\ufe0f Did they seek consent?<\/p>\n
Totally unacceptable pic.twitter.com\/OTYNehhOuy<\/a><\/p>\n\u2014 The Med Reg (@MedRegoncall1) June 13, 2024<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\nThis case involved a student, rather than an employee. But it still puts the university involved at compliance risk. Everyone involved with your organization needs to understand social media compliance. Even if they don\u2019t work in social media.<\/p>\n
For more details, check out our post on using social media for healthcare<\/a>.<\/p>\nAdvertising regulations<\/h3>\nMarketers must understand social media ad compliance regulations for promoting their businesses. This includes disclosing sponsored content and ensuring that advertisements are truthful. If you fail to do this, you risk facing fines or lawsuits.<\/p>\n
In the United States, organizations like the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulate social media posts. The FDA monitors claims related to food, beverage, and supplement products. The FTC scrutinizes online reviews, endorsements and testimonials. Including those from social media influencers<\/a>.<\/p>\nThe Financial Industry Regulatory Authority (FINRA<\/a>) monitors financial services businesses in the US. FINRA says that social media posts must be \u201cfair, balanced and complete.\u201d<\/p>\nIn the UK, the Advertising Standards Authority (ASA) regulates advertising. They work with codes creed by the Committees of Advertising Practice (CAP).<\/p>\n<\/figure>\nSource: CAP and CMA, Influencers\u2019 guide to making clear that ads are ads<\/a><\/em><\/p>\nSince 2021, the ASA has publicly listed<\/a> influencers who regularly fail to disclose paid posts. They can also ban ads that don\u2019t meet the guidelines.<\/p>\nCommunity standards<\/h3>\nAll social media platforms have community guidelines. In creating an account, every business agrees to these guidelines. That means marketers must follow these rules when posting content on social media.<\/p>\n
The risks can be serious if you violate a platform\u2019s content guidelines. The platform may just remove your post. But they could remove your account from recommendations algorithms. They might also limit monetization features, or even ban your account.<\/p>\n
Intellectual property rights<\/h3>\nMarketers must be careful to respect intellectual property rights<\/a> when posting content online.<\/p>\nAny content created by someone else may be subject to copyright. This includes images, video clips, music, quotes and more. Don\u2019t risk using other people\u2019s content without permission.<\/p>\n
Memes are a bit of a gray area for intellectual property risks. In fact, both a meme and its original materials can be copyrighted or trademarked<\/a>. Images that include real people are particularly risky.<\/p>\nRemember the \u201cSuccess Kid\u201d meme?<\/p>\n
The child\u2019s mother took the picture and therefore owns the copyright. She sued 2020 congressional candidate Steve King for using the image without permission. After a long legal process, he lost his appeal<\/a> against an original finding of infringement earlier this month.<\/p>\nTo be safe, stick to using your own images. Or, look for royalty-free images<\/a> or those with an appropriate Creative Commons license<\/a>.<\/p>\nAccess and archiving<\/h3>\nThe U.S. Freedom of Information Act<\/a> (FOIA) and other public records laws ensure public access to government records. That includes government social media posts. So, official government social accounts should not block followers, even problematic ones.<\/p>\nThis can also apply when politicians and public officials use their personal pages to conduct public business. The Supreme Court recently noted<\/a>:<\/p>\n\u201cA public official who fails to keep personal posts in a clearly designated personal account \u2026 exposes himself to greater potential liability.\u201d<\/p>\n
In other words, avoid mixing personal and professional posts. Doing so can create compliance risk for public sector employees.<\/p>\n
Meanwhile, archiving compliance requirements ensure organizations have a record of social media activities. The Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC) both require financial services firms to archive social media communications in context.<\/p>\n
Confidentiality<\/h3>\nMarketers must understand the full scope of confidentiality requirements in their industry. Confidentiality extends beyond data privacy. It includes all information about people involved with a business, online or offline.<\/p>\n
For example, those marketing educational institutions must follow both:<\/p>\n
In healthcare, there\u2019s the Health Insurance Portability and Accountability Act<\/a> (HIPAA) Privacy Rule. Even resharing a social post without signed consent could be a compliance issue. (More on this below.)<\/p>\nFor instance, a physician\u2019s assistant student was recently called out on X (formerly Twitter). The student was posting patients\u2019 radiographs and other confidential images on social media.<\/p>\n\n\n\n\ud83c\udd98Hi @_BNUni<\/a> <\/p>\nYour Physician Assistant students are sharing photos of patients\u2019 radiographs and excised BREAST tissue on social media \u2620\ufe0f<\/p>\n
\u2b55\ufe0fThis is a serious breach of patient confidentiality and patients can be easily identified<\/p>\n
\u2b55\ufe0f Did they seek consent?<\/p>\n
Totally unacceptable pic.twitter.com\/OTYNehhOuy<\/a><\/p>\n\u2014 The Med Reg (@MedRegoncall1) June 13, 2024<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\nThis case involved a student, rather than an employee. But it still puts the university involved at compliance risk. Everyone involved with your organization needs to understand social media compliance. Even if they don\u2019t work in social media.<\/p>\n
For more details, check out our post on using social media for healthcare<\/a>.<\/p>\nAdvertising regulations<\/h3>\nMarketers must understand social media ad compliance regulations for promoting their businesses. This includes disclosing sponsored content and ensuring that advertisements are truthful. If you fail to do this, you risk facing fines or lawsuits.<\/p>\n
In the United States, organizations like the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulate social media posts. The FDA monitors claims related to food, beverage, and supplement products. The FTC scrutinizes online reviews, endorsements and testimonials. Including those from social media influencers<\/a>.<\/p>\nThe Financial Industry Regulatory Authority (FINRA<\/a>) monitors financial services businesses in the US. FINRA says that social media posts must be \u201cfair, balanced and complete.\u201d<\/p>\nIn the UK, the Advertising Standards Authority (ASA) regulates advertising. They work with codes creed by the Committees of Advertising Practice (CAP).<\/p>\n<\/figure>\nSource: CAP and CMA, Influencers\u2019 guide to making clear that ads are ads<\/a><\/em><\/p>\nSince 2021, the ASA has publicly listed<\/a> influencers who regularly fail to disclose paid posts. They can also ban ads that don\u2019t meet the guidelines.<\/p>\nCommunity standards<\/h3>\nAll social media platforms have community guidelines. In creating an account, every business agrees to these guidelines. That means marketers must follow these rules when posting content on social media.<\/p>\n
The risks can be serious if you violate a platform\u2019s content guidelines. The platform may just remove your post. But they could remove your account from recommendations algorithms. They might also limit monetization features, or even ban your account.<\/p>\n
Intellectual property rights<\/h3>\nMarketers must be careful to respect intellectual property rights<\/a> when posting content online.<\/p>\nAny content created by someone else may be subject to copyright. This includes images, video clips, music, quotes and more. Don\u2019t risk using other people\u2019s content without permission.<\/p>\n
Memes are a bit of a gray area for intellectual property risks. In fact, both a meme and its original materials can be copyrighted or trademarked<\/a>. Images that include real people are particularly risky.<\/p>\nRemember the \u201cSuccess Kid\u201d meme?<\/p>\n
The child\u2019s mother took the picture and therefore owns the copyright. She sued 2020 congressional candidate Steve King for using the image without permission. After a long legal process, he lost his appeal<\/a> against an original finding of infringement earlier this month.<\/p>\nTo be safe, stick to using your own images. Or, look for royalty-free images<\/a> or those with an appropriate Creative Commons license<\/a>.<\/p>\nAccess and archiving<\/h3>\nThe U.S. Freedom of Information Act<\/a> (FOIA) and other public records laws ensure public access to government records. That includes government social media posts. So, official government social accounts should not block followers, even problematic ones.<\/p>\nThis can also apply when politicians and public officials use their personal pages to conduct public business. The Supreme Court recently noted<\/a>:<\/p>\n\u201cA public official who fails to keep personal posts in a clearly designated personal account \u2026 exposes himself to greater potential liability.\u201d<\/p>\n
In other words, avoid mixing personal and professional posts. Doing so can create compliance risk for public sector employees.<\/p>\n
Meanwhile, archiving compliance requirements ensure organizations have a record of social media activities. The Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC) both require financial services firms to archive social media communications in context.<\/p>\n
For instance, a physician\u2019s assistant student was recently called out on X (formerly Twitter). The student was posting patients\u2019 radiographs and other confidential images on social media.<\/p>\n \ud83c\udd98Hi @_BNUni<\/a> <\/p>\n Your Physician Assistant students are sharing photos of patients\u2019 radiographs and excised BREAST tissue on social media \u2620\ufe0f<\/p>\n \u2b55\ufe0fThis is a serious breach of patient confidentiality and patients can be easily identified<\/p>\n \u2b55\ufe0f Did they seek consent?<\/p>\n Totally unacceptable pic.twitter.com\/OTYNehhOuy<\/a><\/p>\n \u2014 The Med Reg (@MedRegoncall1) June 13, 2024<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n This case involved a student, rather than an employee. But it still puts the university involved at compliance risk. Everyone involved with your organization needs to understand social media compliance. Even if they don\u2019t work in social media.<\/p>\n For more details, check out our post on using social media for healthcare<\/a>.<\/p>\n Marketers must understand social media ad compliance regulations for promoting their businesses. This includes disclosing sponsored content and ensuring that advertisements are truthful. If you fail to do this, you risk facing fines or lawsuits.<\/p>\n In the United States, organizations like the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulate social media posts. The FDA monitors claims related to food, beverage, and supplement products. The FTC scrutinizes online reviews, endorsements and testimonials. Including those from social media influencers<\/a>.<\/p>\n The Financial Industry Regulatory Authority (FINRA<\/a>) monitors financial services businesses in the US. FINRA says that social media posts must be \u201cfair, balanced and complete.\u201d<\/p>\n In the UK, the Advertising Standards Authority (ASA) regulates advertising. They work with codes creed by the Committees of Advertising Practice (CAP).<\/p>\n Source: CAP and CMA, Influencers\u2019 guide to making clear that ads are ads<\/a><\/em><\/p>\n Since 2021, the ASA has publicly listed<\/a> influencers who regularly fail to disclose paid posts. They can also ban ads that don\u2019t meet the guidelines.<\/p>\n All social media platforms have community guidelines. In creating an account, every business agrees to these guidelines. That means marketers must follow these rules when posting content on social media.<\/p>\n The risks can be serious if you violate a platform\u2019s content guidelines. The platform may just remove your post. But they could remove your account from recommendations algorithms. They might also limit monetization features, or even ban your account.<\/p>\n Marketers must be careful to respect intellectual property rights<\/a> when posting content online.<\/p>\n Any content created by someone else may be subject to copyright. This includes images, video clips, music, quotes and more. Don\u2019t risk using other people\u2019s content without permission.<\/p>\n Memes are a bit of a gray area for intellectual property risks. In fact, both a meme and its original materials can be copyrighted or trademarked<\/a>. Images that include real people are particularly risky.<\/p>\n Remember the \u201cSuccess Kid\u201d meme?<\/p>\n The child\u2019s mother took the picture and therefore owns the copyright. She sued 2020 congressional candidate Steve King for using the image without permission. After a long legal process, he lost his appeal<\/a> against an original finding of infringement earlier this month.<\/p>\n To be safe, stick to using your own images. Or, look for royalty-free images<\/a> or those with an appropriate Creative Commons license<\/a>.<\/p>\n The U.S. Freedom of Information Act<\/a> (FOIA) and other public records laws ensure public access to government records. That includes government social media posts. So, official government social accounts should not block followers, even problematic ones.<\/p>\n This can also apply when politicians and public officials use their personal pages to conduct public business. The Supreme Court recently noted<\/a>:<\/p>\n \u201cA public official who fails to keep personal posts in a clearly designated personal account \u2026 exposes himself to greater potential liability.\u201d<\/p>\n In other words, avoid mixing personal and professional posts. Doing so can create compliance risk for public sector employees.<\/p>\n Meanwhile, archiving compliance requirements ensure organizations have a record of social media activities. The Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC) both require financial services firms to archive social media communications in context.<\/p>\n\n
Advertising regulations<\/h3>\n
<\/figure>\nCommunity standards<\/h3>\n
Intellectual property rights<\/h3>\n
Access and archiving<\/h3>\n