Thu. Jun 20th, 2024

You might require the assistance of a social media lawyer if you have been the target of online defamation, possibly as a result of an offensive comment on social media.

Read More: New Media Lawyer

At Igniyte, we work with a partner law firm to ensure we can help with all aspects of Internet-related reputational damage. We’ll discuss the duties and operations of a social media lawyer in this blog.

Defining a social media lawyer

A social media lawyer is an attorney that represents clients in cases specifically related to the Internet.

Obviously, this is an area of law that crosses into others, including but not limited to, commercial, criminal, IP (Intellectual Property) and personal injury.

Clients are represented by the social media lawyer in whatever way suits their needs best. For instance, whereas some may finally require legal counsel at trial, others may prefer to resolve a disagreement through arbitration and mediation.

Other activities that social media attorneys carry out include researching case law, communicating with clients about the legal repercussions, submitting motions and preparing pleadings. These lawyers are also capable of offering expert testimony in court, if needed.

When do you need a social media lawyer?

As consultants for online reputation management, we witness the effects of negative engagement on a daily basis and how they affect our clients.

Today’s world is ultra-connected and businesses have to exist both on and offline. And while connectivity has allowed for opportunities that could only be dreamt of 30 years ago, it also brings the danger of becoming a target for unfair, defamatory, unpleasant or illegal campaigns on social media.

A person who has been the subject of unfairly defamatory remarks shared on social media for a variety of reasons is obviously in need of a social media lawyer; however, there is a flip side to this: being falsely accused of doing so.

Social media attorneys defend those who have been falsely accused of disseminating defamatory remarks as well as individuals who have really been the target of such claims.

Either way, a social media lawyer helps to determine the subject’s legal options and informs them of how their rights can be protected and how to clean up their business reputation.

What about intellectual property and ownership of content?

As is often known, there are a plethora of chances for brands and enterprises to increase their online presence on the Internet, particularly on social media platforms.

Additionally, since many companies would rather concentrate on their goods or services than the strategic abilities required to profitably utilize social media, they frequently collaborate with advisors, consultants, and agencies.

Should these relationships break down – for instance, between a PR agency that has been handling social media marketing for a business and the business itself – then a dispute over content ownership could emerge?

The business owner may presume that the PR content is inherently their own IP. However, the real author of the material for social media platforms might have other ideas and establish their claim to social media accounts and the data housed inside.

To guarantee that their clients’ intellectual property is safeguarded, a social media attorney or legal firm can work together in the areas of corporate law, copyright, employment, and social media law.

How to work with an Internet defamation lawyer

In the US, slander and libel are not protected by the First Amendment. And while freedom of speech is a big part of America’s cultural psyche, it may not feel so great if you are the victim of a character assassination attempt on social media.

Social media usage, posts, comments, and other language go well beyond offending the person. It’s not always about being emotionally triggered, but about the potential for deep psychological damage and loss of earnings that can occur.

It is possible to determine whether the defamation amounts to legal disparagement by consulting with a social media/Internet defamation lawyer. If so, there might be a basis for a civil lawsuit seeking a settlement.

This can only occur if the messages about the subject online can be proved to have been put there with the intent of costing the person business or to impede them from doing any of the following:

Earning money through retail sales.

obtaining revenue via services.

generating income.

projecting a negative image to the person or the related business.

Under these circumstances, you will require a social media lawyer with experience in litigation and Internet defamation lawsuits. It would be very challenging, if not impossible, to attempt to prosecute a case on your own.

How should a social media lawyer appear?

An effective social media lawyer will work closely with the client in order to fully address every aspect of the social media issues and craft high-level social media legislation.

Every business needs to have a social media policy internally that aims to gain employee trust and boost morale. This is another area where social media lawyers come into their own.

If a business chooses to create its own social media policy and strategy without legal involvement or advice, then they run the risk of both internal and external problems cropping up down the line.