June 20, 2018 |
Social Media and Adult: Don’t Tweet Your Way Into Court |
With over half of the worldâs population now using social media, itâs not surprising businesses in all sectors are working hard to wrap their minds around the trends, usage patterns and consumer behaviors which define the space. 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 usersâ attention and creating viral buzz isnât always in line with a companyâs 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. âDonât put anything on social media that you donât want marked as Exhibit A and handed to you in a deposition or in front of a jury,â attorney Karen Tynan told YNOT. âIâve 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.â Attorney Larry Walters concurred with Tynan, noting that while social media âcan be a powerful tool,â itâs also a tool with a double-edge, because âyour posts can be used against you by anyone looking to seize upon an opportunity.â Making matters worse, Walters added, the original context of a personâs post is a completely different kettle of fish from that of a hearing or deposition. âPosting on social media is typically casual and often hyperbolic, given the nature of the outlet,â Walters said. âHowever, posts will be viewed in a much different light in a sterile courtroom.â Itâs also important to remember that what you post on social media will be out there forever â despite the false comfort of being able to take down or delete a post or tweet. âSometimes people think they are clever because they take down a post and then deny all facts shared in the post,â Tynan observed. âNot so fast! People will have retweeted that post, screen grabbed that post, or used a personâs post in another way.â 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. âFor example, I recently had a case where a witness couldnât remember travelling to Las Vegas and staying at a certain hotel. Denied it ever happened,â Tynan said. âBut the social media posts showed a picture from the flight with the Southwest logo and poolside photos with lots of emojis and visual effects.â 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. âGiven 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,â Walters said. âLoss of a social media account can be devastating.â As tricky as navigating the rules and regulations of social media platforms can be for companies of any kind, itâs an especially thorny issue for adult companies, given that the rules of the road are already stacked against them â and new laws like the Stop Enabling Sex Traffickers Act (SESTA) arenât making things any easier on the porn industry where social media is concerned. âThe 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,â Walters said. âIt 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.â 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. âSocial media posts can provide a unique insight into an individualâs personality and character,â Walters said. âWhile 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.â |