How to Reduce Legal Risks when Posting Company News Online
Avoid click-bait headlines., Fact-check claims about competitors., Get permission for endorsements or testimonials., Put limitations or restrictions up front., Comply with website terms and conditions.
Step-by-Step Guide
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Step 1: Avoid click-bait headlines.
If you've ever watched a video that was several minutes long because a headline promised it was "the most awesome thing you'll see today," only to be disappointed, then you understand the basic purpose of so-called click-bait headlines.The problem with using these sorts of headlines when posting company news is that legally, company news posted on a website or through social media accounts is considered marketing or advertising material.
Since the nature of click-bait headlines is to mislead the reader or viewer into clicking the title to read or watch something, their use may be considered a violation of federal laws prohibiting false or misleading advertising.
This is especially true if you are advertising a sale, sweepstakes, or other special event.
While federal law makes room for hyperbole – and many click-bait headlines are nothing but that – be certain that the headline isn't promising the reader or viewer something that you can't deliver. -
Step 2: Fact-check claims about competitors.
Any time you're making a statement about another company, such as comparing your prices to theirs, be sure that the claim you're making is accurate and that you have evidence to back it up.Ideally, you should have written confirmation of the information you're using in your post, and keep that information indefinitely.
Truth is an absolute defense to a claim against you of false or misleading advertising.
In the event the other company challenges your news or asserts that your information about them is false or misleading, you have written evidence to back up your claim.
Keep in mind that the date of the post and the claim about your competitor should be clearly dated.
These things can change over time, and the information may not be valid a month or even a week after you've posted it.
At the same time, especially if you're posting your news on a social media account, the post may be shared by someone who follows your account long after the information is relevant. , If a celebrity comes into your store and gushes about your product, you may be excited about the business you can generate by announcing to the world that this famous person shops with you – but getting their permission to use their name or likeness is essential to reduce your legal risk.Keep in mind that if you see value in someone's endorsement – even if they're not particularly famous – they probably understand the publicity value as well, and may not be willing to give you permission for free.
The same is not necessarily true for information reported elsewhere.
For example, if a magazine interviews a celebrity who says she's addicted to the cupcakes you sell in your bakery, you can repost or share this information on your website or through your social media accounts without obtaining permission from the celebrity first – just make sure you correctly attribute the source.
Keep in mind you still need permission even if the person isn't famous or well-known in your local community.
For comment cards or the like in a brick-and-mortar store, include a statement that the comments submitted may be republished or used in advertisements.
If you allow comments on your website or social media accounts, including a disclaimer that comments may be quoted, reposted, or used in advertisements can reduce the risk that someone will sue you for using their name without their permission. , If you post something online, it's effectively there forever.
This means people may see your post for the first time months – or even years – after it has ceased to be applicable.Be wary of using phrases like "today only" which can be unclear in the online world.
Whenever someone sees the word "today," they naturally assume it means that day.
They may not look elsewhere to find the date on the post.
For sales or other offers that will only last for a limited period of time, put the full dates the offer is effective, including the year, in the first line of your copy.
For example, you might write "On May 4, 2015, take 50 percent off any Star Wars related items." If your post is recirculated the following year, there will be no confusion as to when the discount was applicable. , Social media networks and blogging websites have terms and conditions that govern how businesses can post company news and advertise to other users.If you're publicizing a contest or sweepstakes on social media, check the terms and conditions to see what rules and disclaimers are required.
Some sites specifically regulate advertising, including prohibiting the dissemination of unsolicited private messages to users or hosting contests or promotions that would require users to violate the terms and conditions of the site to participate.
If you use a third-party app or service to access and disseminate posts across several social media accounts, you're responsible for making sure that service doesn't violate the terms and conditions of the social networks you use.
Terms and conditions on social media also can benefit you and your business.
Keep an eye out for accounts that are impersonating your business, or that are similarly confusing to your business name.
Most social media networks have rules against this, and you can get the account taken down. -
Step 3: Get permission for endorsements or testimonials.
-
Step 4: Put limitations or restrictions up front.
-
Step 5: Comply with website terms and conditions.
Detailed Guide
If you've ever watched a video that was several minutes long because a headline promised it was "the most awesome thing you'll see today," only to be disappointed, then you understand the basic purpose of so-called click-bait headlines.The problem with using these sorts of headlines when posting company news is that legally, company news posted on a website or through social media accounts is considered marketing or advertising material.
Since the nature of click-bait headlines is to mislead the reader or viewer into clicking the title to read or watch something, their use may be considered a violation of federal laws prohibiting false or misleading advertising.
This is especially true if you are advertising a sale, sweepstakes, or other special event.
While federal law makes room for hyperbole – and many click-bait headlines are nothing but that – be certain that the headline isn't promising the reader or viewer something that you can't deliver.
Any time you're making a statement about another company, such as comparing your prices to theirs, be sure that the claim you're making is accurate and that you have evidence to back it up.Ideally, you should have written confirmation of the information you're using in your post, and keep that information indefinitely.
Truth is an absolute defense to a claim against you of false or misleading advertising.
In the event the other company challenges your news or asserts that your information about them is false or misleading, you have written evidence to back up your claim.
Keep in mind that the date of the post and the claim about your competitor should be clearly dated.
These things can change over time, and the information may not be valid a month or even a week after you've posted it.
At the same time, especially if you're posting your news on a social media account, the post may be shared by someone who follows your account long after the information is relevant. , If a celebrity comes into your store and gushes about your product, you may be excited about the business you can generate by announcing to the world that this famous person shops with you – but getting their permission to use their name or likeness is essential to reduce your legal risk.Keep in mind that if you see value in someone's endorsement – even if they're not particularly famous – they probably understand the publicity value as well, and may not be willing to give you permission for free.
The same is not necessarily true for information reported elsewhere.
For example, if a magazine interviews a celebrity who says she's addicted to the cupcakes you sell in your bakery, you can repost or share this information on your website or through your social media accounts without obtaining permission from the celebrity first – just make sure you correctly attribute the source.
Keep in mind you still need permission even if the person isn't famous or well-known in your local community.
For comment cards or the like in a brick-and-mortar store, include a statement that the comments submitted may be republished or used in advertisements.
If you allow comments on your website or social media accounts, including a disclaimer that comments may be quoted, reposted, or used in advertisements can reduce the risk that someone will sue you for using their name without their permission. , If you post something online, it's effectively there forever.
This means people may see your post for the first time months – or even years – after it has ceased to be applicable.Be wary of using phrases like "today only" which can be unclear in the online world.
Whenever someone sees the word "today," they naturally assume it means that day.
They may not look elsewhere to find the date on the post.
For sales or other offers that will only last for a limited period of time, put the full dates the offer is effective, including the year, in the first line of your copy.
For example, you might write "On May 4, 2015, take 50 percent off any Star Wars related items." If your post is recirculated the following year, there will be no confusion as to when the discount was applicable. , Social media networks and blogging websites have terms and conditions that govern how businesses can post company news and advertise to other users.If you're publicizing a contest or sweepstakes on social media, check the terms and conditions to see what rules and disclaimers are required.
Some sites specifically regulate advertising, including prohibiting the dissemination of unsolicited private messages to users or hosting contests or promotions that would require users to violate the terms and conditions of the site to participate.
If you use a third-party app or service to access and disseminate posts across several social media accounts, you're responsible for making sure that service doesn't violate the terms and conditions of the social networks you use.
Terms and conditions on social media also can benefit you and your business.
Keep an eye out for accounts that are impersonating your business, or that are similarly confusing to your business name.
Most social media networks have rules against this, and you can get the account taken down.
About the Author
Isabella Gonzales
Professional writer focused on creating easy-to-follow practical skills tutorials.
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