Answer To: Different industries experience “the legal environment” differently. For example, issues that are of...
Insha answered on Apr 08 2022
Running Head: SOCIAL MEDIA INDUSTRY AND ITS LEGAL ENVIRONMENT 1
SOCIAL MEDIA INDUSTRY AND ITS LEGAL ENVIRONMENT 8
SOCIAL MEDIA INDUSTRY AND ITS LEGAL ENVIRONMENT
Table of Contents
Introduction 3
Legal Elements 3
Implications of Legal Element 3
Intellectual Property 3
Employment 4
Defamation 4
Privacy 5
Liability Issues 5
Search and Seizure Issues 6
Other Issues 6
Conclusion 7
References 8
Introduction
This essay will offer an overview of some of the most pressing legal issues confronting businesses today. Businesses may utilize social media platforms such as blogs, Twitter, and Facebook to increase their exposure and revenue. Unfortunately, many businesses overlook or are simply uninformed of the legal consequences that may arise from the company's or its employees' use of social media.
Legal Elements
In matters involving the use of social media, a variety of basic rights emerging under the US Constitution may be affected. Freedom of expression, search and seizure difficulties, the right to privacy, and denial of due process are among them (Illia, Colleoni, Ranvidran & Ludovico, 2022). The First Amendment establishes six distinct rights for citizens, one of which is freedom of expression. Only when the government intervenes does freedom of expression become a problem.
When a school claims that a student has participated in disruptive speech, this is the criteria, which must be used. The Fifth Amendment might be invoked. When a state government threatens to take action indicated in the Amendment, the Fourteenth Amendment broadens the scope of constitutional due process protections by extending them to non-citizens (Stieglitz, Mirbabaie, Fromm & Melzer, 2018).
Implications of Legal Element
Intellectual Property
Intellectual property rights (IPR) are legal rights granted to creator or an inventor to safeguard his or her creativity or invention for a specified length of time. These legal rights allow them or his assignee the exclusive right to employ their creation/ invention fully for a set length of time. Businesses must be mindful of their own brand identification as well as the identities of third-party trademarks. Consider creating a user name for your service mark or trademark on social networking networks.
Coca-Cola, for example, might easily sue for the unauthorized use of its emblem on an unrelated Facebook page. The "likely of confusion" test is used to determine infringement (Deibert, 2019). For instance, if you are using someone else's original content, such as quotations, a chapter, a song, or even an image, give credit where credit is due. Make careful to link to the source article if the user content is available virtually (Todua, 2018).
Employment
It is crucial to remember that social media activities may have an influence on the workplace. It must be thoroughly explored and addressed, like other forms of harmful workplace behavior. Employers should update and examine their current relevant rules, as well as...