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Facebook Liability for Publication

Businesses using social media need to closely monitor what goes up on such sites, particularly when they have the ability to delete content posted by customers.

A business has recently been held liable for misleading testimonials posted by customers on its Facebook fan page.

The court found it was not necessary for there to be any positive conduct on the part of the business for it to be considered a publisher of the words. If the business had the power to delete the posts, that was enough.

The case is a clear warning to all businesses using social media as part of their marketing strategy that compliance with the law does not only relate to words they post online, but those that their customers, clients or ‘friends’ say as well.

If you are unsure of your status when marketing via social networks contact Carolyn Hagedoorn for more information.

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