Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity.
This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies.
Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications.
Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance.
This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.
Table of Contents
Part 1: Background Chapter 1: Introduction To Social Media And The Law Chapter 2: Human Rights Part 2: Civil Claims Chapter 3: Defamation Part 3: Criminal Liability Part 3-1: Communications-Based Offences Chapter 4. Communications Act 2003 Chapter 5: Malicious Communications Act 1988 Chapter 6: Serious Crime Act 2007 Chapter 7: Crime And Disorder Act 1998 Chapter 8: Public Order Act 1986 Chapter 9: Protection From Harassment Act 1997 Chapter 10: Computer Misuse Act 1990 Part 3-2: Criminal Law: Procedure Chapter 11: Contempt Of Court Act 1981 Chapter 12: Evidence And Procedure Part 4: Commercial Law Chapter 13: Data Protection And Privacy Chapter 14: Trading And Advertising Standards Chapter 15: FCA Regulated Bodies Chapter 16: Insurance
Laura Scaife is an Associate at Addleshaw Goddard and has extensively published on matters concerning compliance with e-commerce issues arising out of the Office of Fair Trading and Advertising Standard Agency guidelines as well as online revenue generation, defamation, electronic communications based offences, effective dispute settlement, business crisis management and reputational management.
‘This expertly written book provides an authoritative and clear road map for the multitude of stakeholders engaged with social media and the law…the text offers an accessible and analytic commentary from both a domestic and international perspective, coupled with incisive practical guidance.’ Peter Coe, East Anglian Chambers, Compliance and Risk
‘…comprehensive in its up to date overage of social media’s interaction with a variety of areas of law applicable to a wide range of stakeholders.’ Peter Coe, East Anglian Chambers, Compliance and Risk
'Within the general area of media and communications law, this seminal text has, undoubtedly, created a niche that will continue to expand. Consequently, since this author has adroitly managed to produce a book that strikes a good balance between being academically authoritative and practically accessible, this text is going to be a hugely influential ‘must-have’ for the ever-expanding body of people and organizations engaged with, or simply interested in, social media’s relationship with the law.’ Peter Coe, East Anglian Chambers, Compliance and Risk