Now, if you're one who fears that a lawyer is lurking just around the corner, ready to dredge up a "victim" and lay a profit-evaporating allegation against your brand or business, then perhaps the increased exposure you'd otherwise enjoy from tweeting might be just the sort of thing to result in restless nights.
All facetiousness aside, every business and brand will need an awareness of some of the legal ramifications of marketing a product or service and the potential liabilities that come with the endeavor. Even with the freedom of access and interaction that Twitter provides, there's always a need to understand how "what you say may be used against you in a court of law."
No, this isn't intended to be a Miranda-laden buzzkill to your creative momentum but rather just a friendly reminder that anything you say on Twitter may not necessarily stay on Twitter. Naturally, you'd want to seek professional legal advice and representation for your business's protection, but in the meantime, here are some aspects of Twitter, from a legal perspective, that you need to ponder:
Libel. If you say something disparaging in a public forum about another individual or company, you could be held account able. Since your tweets have the possibility to reach millions of individuals, a hostile claim for damages might be extensive.
Of course the most eager plaintiff would need to bear a substantial burden of proof, but even if such an allegation proved unsubstantiated, the legal costs, not to mention cost to your reputation, might be sizable. For this reason, take care in what you tweet about and just how you tweet so your intent cannot ever be misconstrued as libelous against another person or entity.
Sharing privileged or confidential information. This really is typically a situation in which a company employee or representative might tweet about sensitive or legally protected information. Confidential information about a company or its partnerships that is leaked by a tweet could have severe ramifications, particularly if a breach of contract or agreement occurs. Again, because each tweet has got the potential to be seen by an incredible number of users, the fallout could be significant. Ensure you understand the sensitivity of that which you tweet about before you post your message.
Record-keeping requirements. In many business settings, "record retention" requirements mandate that certain information be archived and kept readily available for inspection for a specified period of years. When it comes to promoting and selling services and products, it's important to understand what information is to be maintained. Because Twitter and social-media messaging is relatively new, the parameters listed here are evolving.
Even so, it's in your welfare to maintain reliable records of your businessbased tweeting. You might be called upon to provide the records of your messaging, and it is in your best interest if you can provide the details rather than be at the mercy of others who might present the info as they see it.
Use in litigation. The statutes surrounding social media and the messaging therein are still applicable, and in some cases, this new type of online communication could be deemed inadmissible in a litigation setting. Nevertheless consider a reliable record-keeping method for your business-centric tweeting just in case it could serve as the "star witness" can provide relief.
With all that has been suggested, make sure you understand your responsibilities as a business owner, locally and also at the federal level, as you go about doing business - even on Twitter. Look for reliable legal advice how you can make the most of your tweeting without straying to the fringe areas of all that is legal and permissible. Again, don't allow this discussion dissuade you, but rather use it to ensure you're legally covered with respect to your usage of Twitter.
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