Social Media and Adult: Don’t Tweet Your Way Into Court

As the corporate world tries to make the most of its social media presence, hard lessons are being learned along the way. For one thing, what “works” in terms of grabbing social media users’ attention and creating viral buzz isn’t always in line with a company’s overall best interests.

Some mainstream companies have learned this the hard way, when social media influencers with whom their brands are associated go off the rails, creating negative publicity and viral backlash.

While the likes of PewDiePie get the headlines, less sensational social media mishaps occur all the time, sometimes revolving around ill-conceived tweets or posts from in-house employees rather than contracted influencers.

Beyond the potential public relations consequences, social media use can also expose companies to legal liability directly or be used against companies in litigation which has nothing to do with its presence on social networking sites.

“Don’t put anything on social media that you don’t want marked as Exhibit A and handed to you in a deposition or in front of a jury,” attorney Karen Tynan told YNOT. “I’ve used social media posts frequently in litigation as a way to show where a person was on a particular day, what the person was doing, what their frame of mind was, and who they were with.”

Attorney Larry Walters concurred with Tynan, noting that while social media “can be a powerful tool,” it’s also a tool with a double-edge, because “your posts can be used against you by anyone looking to seize upon an opportunity.”

Making matters worse, Walters added, the original context of a person’s post is a completely different kettle of fish from that of a hearing or deposition.

“Posting on social media is typically casual and often hyperbolic, given the nature of the outlet,” Walters said. “However, posts will be viewed in a much different light in a sterile courtroom.”

It’s also important to remember that what you post on social media will be out there forever – despite the false comfort of being able to take down or delete a post or tweet.

“Sometimes people think they are clever because they take down a post and then deny all facts shared in the post,” Tynan observed. “Not so fast! People will have retweeted that post, screen grabbed that post, or used a person’s post in another way.”

Even aspects of posts and tweets which the author may not consider noteworthy or potentially problematic can come back to bit them in court, Tynan added.

“For example, I recently had a case where a witness couldn’t remember travelling to Las Vegas and staying at a certain hotel. Denied it ever happened,” Tynan said. “But the social media posts showed a picture from the flight with the Southwest logo and poolside photos with lots of emojis and visual effects.”

Although certainly less dramatic than posts which give rise to lawsuits or serve as damning evidence in such, careless posting practices can also give companies fits by resulting in being suspended or banned from a social media platform. For a company which has invested significant time and effort in building its brand on a popular site, months of hard work can go down the train with a single misguided tap or click.

“Given the evolving content moderation policies on most major outlets, social media users must be sensitive not only to the legal implications of their posts, but also to acceptable use policy compliance,” Walters said. “Loss of a social media account can be devastating.”

As tricky as navigating the rules and regulations of social media platforms can be for companies of any kind, it’s an especially thorny issue for adult companies, given that the rules of the road are already stacked against them – and new laws like the Stop Enabling Sex Traffickers Act (SESTA) aren’t making things any easier on the porn industry where social media is concerned.

“The issues are particularly delicate in the realm of adult entertainment, where the content of posts can conflict with new restrictions on promotion of sex work or prostitution,” Walters said. “It is important for adult entertainment providers to be familiar with the stated moderation policies and gain a sense of how they are being enforced on each platform.”

Ultimately, balancing the risks and rewards of social media use successfully is worth the effort, not just because of the commercial utility of social platforms as a promotional environment, but because they enable companies to engage with their customers and fans in a more direct way than traditional media. Adult and mainstream companies alike simply must be mindful of avoiding the landmines as they harvest from their social media garden, so to speak.

“Social media posts can provide a unique insight into an individual’s personality and character,” Walters said. “While social media engagement offers an outlet for venting, advocacy, and promotion, understand that a single post can result in loss of an account, or potential legal liability.”