This document discusses social media risks and related laws. It covers how conversations on social media can become publications with legal implications. Some key topics discussed include privacy risks from sharing personal information and companies monitoring employees' social media, intellectual property risks like copyright infringement, and defamation risks from making untrue statements about others. The document also examines how various laws like privacy acts, harassment laws, and intellectual property laws apply in the social media context.
Presented by EndCoder Denise Fouche, this presentation describes South Africa's legal response to cyber security threats, particularly in the banking industry.
Presented by EndCoder Denise Fouche, this presentation describes South Africa's legal response to cyber security threats, particularly in the banking industry.
This presentation talks about the Legal instrumentation in e-commerce industry in International market. It draws attention towards major legal issues in this industry and I have tried to find out the best solutions of some of them
This year I had the opportunity to give a presentation at the World Bank in Washington DC during one of their "brown bag sessions", focused on Privacy, Drones and IoT.
The World Bank is an organization that works worldwide with a wide range of projects, including some initiatives connected with new technologies, and every time, they should evaluate different risks involved, including privacy risks.
The purpose of the presentation was to understand the concept of ‘privacy’ and its different meanings worldwide, how to define the privacy framework and assess the risks arising from the use of new technologies such as drones or IoT, and introduce the Privacy Impact Assessment as an effective tool that we can use in any jurisdiction.
I am going to share some thoughts of these broad and complex chapters that I had to sum up within one hour in this presentation!
Here the full post: http://www.lauravivet.com
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Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
Canadian Copyright Law, Technology and Cultural Management CAMT
This seminar will provide cultural managers with a broad overview of the evolving legal and business issues facing copyright owners who wish to exploit and protect their property in the expanding digital, web-based, techonolgically-enabled universe. It will also provide a targeted framework for assessing the short and long term legal and business risks and benefits arising from the promotion, commercialization and enforcement of their copyright over the Internet among an increasingly demanding consumer base. Created by Elise Orenstein for the 2008 Technology in the Arts: Canada Conference.
Discussion of the main elements of the draft Data Protection Regulation: what difference will it make to industry practice and user rights to control their data?
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Attorney Howard H. Collens presents the most recent updates on the new Fiduciary Access to Digital Assets Act. Learn the many states that have recently enacted the new Act and updates on what the future holds for estate planning and digital assets.
This presentation talks about the Legal instrumentation in e-commerce industry in International market. It draws attention towards major legal issues in this industry and I have tried to find out the best solutions of some of them
This year I had the opportunity to give a presentation at the World Bank in Washington DC during one of their "brown bag sessions", focused on Privacy, Drones and IoT.
The World Bank is an organization that works worldwide with a wide range of projects, including some initiatives connected with new technologies, and every time, they should evaluate different risks involved, including privacy risks.
The purpose of the presentation was to understand the concept of ‘privacy’ and its different meanings worldwide, how to define the privacy framework and assess the risks arising from the use of new technologies such as drones or IoT, and introduce the Privacy Impact Assessment as an effective tool that we can use in any jurisdiction.
I am going to share some thoughts of these broad and complex chapters that I had to sum up within one hour in this presentation!
Here the full post: http://www.lauravivet.com
How to Make Sure the Kids Will Still Be Listening to The Beatles on Google Pl...gallowayandcollens
Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
Canadian Copyright Law, Technology and Cultural Management CAMT
This seminar will provide cultural managers with a broad overview of the evolving legal and business issues facing copyright owners who wish to exploit and protect their property in the expanding digital, web-based, techonolgically-enabled universe. It will also provide a targeted framework for assessing the short and long term legal and business risks and benefits arising from the promotion, commercialization and enforcement of their copyright over the Internet among an increasingly demanding consumer base. Created by Elise Orenstein for the 2008 Technology in the Arts: Canada Conference.
Discussion of the main elements of the draft Data Protection Regulation: what difference will it make to industry practice and user rights to control their data?
The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
Attorney Howard H. Collens presents the most recent updates on the new Fiduciary Access to Digital Assets Act. Learn the many states that have recently enacted the new Act and updates on what the future holds for estate planning and digital assets.
Ryan Eagle founded Eagle Web Assets Inc. in 2004 after several websites hit massive success, harnessing nearly a million unique visitors a day. From the instant success of these websites, the business model was reproduced and scaled into an empire of over 450 niche websites.http://www.eaglewebassets.com/ryan-eagle.php
2016-02-18 Innovation for Health 2016 conference, Rotterdam Alain van GoolAlain van Gool
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Description how we have organised key technologies and methodologies at the Radboud university medical center in Nijmegen, underlying our ambition to have an impact in personalized Healthcare.
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The Impact of Social Media on Reputation Management – navigating a new legal ...Insignia Communications
Social media has presented lawyers and communicators with new challenges as they seek to protect reputation in a social age. This presentation accompanied our recent webinar on the subject, with Insignia’s managing director Jonathan Hemus and Magnus Boyd, legal director at Hill Dickinson.
Your professional reputation online matters. This presentation explains who is using the internet and social media in the United States, opportunities for lawyers to connect online, the harm that may result from not claiming your firm's social media profile and what to do when faced with negative criticism.
Turnson Point Risks and Reputation Management presentationKerry Rego
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E-contracting and Commerce is presented by Pria Chetty and details the South African legal position with regard to electronic contracts and the effect on commerce.
The Protection of Personal Information Act: A PresentationEndcode_org
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ADR in criminal proceeding in Bangladesh with global perspective.
Social Media & Legal Risk
1. WHEN CONVERSATION BECOMES PUBLICATION
Understanding Social Media Risks and the Law
DENISE FOUCHE
ENDCODER/ ENDCODE.ORG
2. CONTEXT:
Social Media as Enterprise Risk (internal and external)
The law as navigator
Brand Risk
The Law
Pre-empting risk, encouraging innovation
Governance
Social Media in Africa
5. Monetising attention
“As wearable technology (Google Glass, fitness bands, Samsung Galaxy Gear) becomes ubiquitous in 2014, the
amount of data created will provide a treasure trove of insights for marketers. Not only does it let marketers
know where their customers are but when and how fast. Obviously there is a huge risk here given the sensitivity of
the data but the trick here is for marketers to provide the right value in exchange for this invaluable data.”
Aaron Strout, Managing Director at W2O Group, co-author of Location-Based Marketing for Dummies
The most disruptive digital trend I am seeing that will really begin affecting marketers in 2014 is the ‘Internet
of Things’. We already know that we don’t search for content now, content finds you. In 2014, we’re going
to start seeing how brands and products find you.
Ragy Thomas, CEO and founder of Sprinklr
"Facebook is transformed from a public space to a behavioral laboratory,” it is possible to "deanonymize
parts of the data set," or cross-reference anonymous data to make identification possible.
psychologist Ilka Gleibs, an assistant professor at the London School of Economics in London
So much content shared today is private, and it often disappears, so marketers aren’t readily able to track and
target such consumers. Expect marketers to explore new, creative ways of reaching consumers who
prioritize privacy.
David Berkowitz, Chief Marketing Officer of MRY
6. Social Media as Personal Risk
• What would you say?
• What would you disclose?
• Most SM profiles contain personal information : address, telephone number, date of
birth
• Information used by banks to verify customers - easily used to impersonate
23% of those surveyed post information online, which they
normally wouldn’t disclose in real life, while almost every tenth
user discusses private information with strangers.
2014 survey Kaspersky Lab and B2B International
7. Social Media as Enterprise Risk
• Advertising & marketing
• Promotional offers
• Competitions
• Customer relations
• Electronic commerce
• Blurring of professional and personal voices : staff and customers becoming brand
ambassadors
• External
• Ease of access = ease of reputational risk
• Commenting without using appropriate disclaimers
• Irresponsible conduct of senior management
• Lack of protocol and designated employee to administer
• Breach of confidential information
8. Social Media as Enterprise Risk
• Internal
• Strained labour relations
• Lack of corporate social media policy
• Distinction between social and media
• Engaging without policy backup
• Tendency to hide social media as part of media policy
• Companies should implement a social business governance plan
• Social business : integration and operationalisation of social media
• Social media strategy
• Collaboration strategy
• Escalation policy
9. Acknowledging legal risk
The “chain of publication”
“It is generally safe to assume that anything published on a social network is
considered to be in the public domain. This does not absolve the poster (or
anyone who forwards or reposts information) from any legal liability that might
arise from posting content that is, for example, in contempt of court, is
defamatory or in breach of copyright.”
11. The laws that bind
• Yes, the law as you know it (or not) applies
• No legislation explicity dealing with SM
• Defamation
• Hate speech
• Harassment
• Intellectual Property
• Privacy
• Labour laws
• Contempt of court : right to fair trial
• “sub judice rule", which allows for contempt of court prosecutions if media reports could
prejudice a trial. The question is whether there will be "real risk" of substantial prejudice to
the administration of justice.
• Concerns expressed regarding the threats and harsh criticism of Judge Thokozile Masipa –
racism and contempt of court
12. Primary legal risks
• Privacy infringement
• Intellectual Property infringement
• Defamation
• Consumer rights infringement
• Loss of sensitive information (clients, suppliers, employees)
• Security compromise - issues of enterprise security
POTENTIAL FOR LITIGATION
BRAND RISK
⏏ ⏏
13. Privacy
• Reasonable expectation of privacy is being challenged by SM
• Information captured without user’s knowledge or consent
• Gathering social media intelligence through data mining:
• re-purposing content
• Data-driven, location based services (iBeacon & Nike Fuel Band)
• Personalisation of brand experiences
• Loyalty based experiences – building customer trust
• Social media monitoring by employers
• Policies that prohibit employee postings on SNS
• Screening of prospective employees – discrimination?
14. Privacy
• Identity theft is cited as the major complaint received by the FTC since 1999
• Merging of SM websites – diligence about privacy and security during rapid
growth phase
• Single access sign-on – one log in to use multiple websites; single site can show
actions and activities on other sites
• Privacy controls and legislation are not universal
• Location-based services – greater security and privacy concerns
15. Intellectual Property
Top intellectual property risks:
• Ownership of social media accounts, content and followers
• Cybersquatting: trademark infringement
• Loss of IP
• Unauthorised use of third party IP
• Unauthorised disclosures of trade secrets by employees : publishing of information
that establishes competitive advantage
• Brand damage
• Inappropriate content licensing framework
16. Defamation
• A statement that “has the effect of injuring a plaintiff’s reputation”. Reputation is
injured if the statement lowers the plaintiff in the minds of others.
• Falsity is not a consideration
• Information is deemed to have been published once it reaches a third party
• Once published, a presumption of unlawfulness and intention arises
• Social Media content is subject to defamation law
• A statement may be in the form of words, pictures, visual images or gestures
• Companies have the right to good name
• The common law right to a good name and reputation (right to dignity) can trump
freedom of expression
• Linking to material on third party sites that contain defamatory or objectionable
material
• Defamation laws are not universal
17. Freedom of expression vs defamation
• A balancing of rights
• Section 16 guarantees the right to freedom of expression
• Section 36 (limitation clause) can limit the right to freedom of expression.
Legal limitations on hate speech, speech infringing rights of others, violations of
copyright
• Increasingly the right to an opinion clashes with self-censorship imposed in the
media space : radio, sport, TV personalities
18. Harassment
• The Protection from Harassment Act 2013
• Harassment on SM involves:
• Threatening sms, private Twitter messages and emails to an individual, regardless of the platform
• Threatening remarks made on SM about a person
• Sending emails containing offensive content – pornographic images, sexual references
• Sharing media that is offensive, abusive or embarrassing or have been manipulated that it embarrasses
of offends the individual
• Sexual advances made through SM platform
• There is no need for the existence of a domestic relationship between parties
• Apply for a protection order from the clerk of a court which will be issued to accused
harasser
• Contravention of order will be deemed guilty of an offence and liable to a fine or
imprisonment for a period not exceeding five years
• The person must believe they are being harassed
19. Brand risk
December 2013 – InterActive Corp, Director of Corporate Communications
fired over a tweet to her online account: "Going to Africa. Hope I don't get
AIDS. Just kidding. I'm white!"
14 February 2014 -- Automotive Business Review, motoring journalist fired
over social media comment: “I don’t blame the guy that shot the motorcyclist.
They are obnoxious and arrogant. I cannot wait for my day to come when I will
open my door and a motorcyclist will fly off his bike and hopefully break his
neck!”
20. Brand risk
• Well-managed, responsible brand
• Posting of innapropriate content
• Publication of confidential information
• Publication of personal and sensitive information
• Disclosures and complaints by customers
• Defamatory comments about the company
• Anonymous defamatory comments about the company
• Dealing with objectionable comments
• Duty to shareholders
• In tune with its customers
= building trust in the channel and the brand
21. TWheh ola iws sw tahtacth biningd over your brand?
http://www.npr.org
22. The laws that bind
• Constitution
• Statute
• Electronic Communications and Transactions Act
• Consumer Protection Act
• Regulation of Interception of Communications Act
• Labour Relations Act
• Protection of Personal Information Act
• Promotion of Equality and Prevention of Unfair Discrimination Act
• Protection from Harassment Act
• Copyright, Trademark, Patent & Designs Act
• Film & Publications Act
• Self-regulatory mechanisms
• Industry Charters and Codes: iab, ISPA, WASPA, ASA, FSB,BCCSA
• Directives, Standards
• Case Law
• Contracts
23. The laws that bind
• Common law : defamation, unfair competition
• Criminal law : cyber crime
• Contempt of court : right to fair trial
• Harassment
• Intellectual Property
• Labour law : course of scope of employment; binding Terms of Service?
• Terms of Service and Rules of SM platforms
• Local law
24. Regulatory focus areas
• Privacy : regulate the use and protection of PI
• Content : regulate nature
• Cybersecurity, Interception of Communications : regulate the detection and
prosecution of offences in the digital space
• Consumer Protection : regulate digital goods/services supplier relationship with
consumers
• Intellectual Property : regulate and administer rights protection of IP generators
• Information Management : regulate availability of records, evidence, access to
information, classification of information
• Data protection : regulate data protection and privacy
25. Digital engagement and enterprise risk
• Electronic Communications electronic
communications usage by an organisation ECT Act
• Electronic Records Management the lifecycle management of electronic records
ECT Act
• Electronic Marketing
the
requirements for electronic marketing
CPA
• Access to Information procedures for accessing public documents PAIA
• Electronic Evidence the requirements for validity and evidential weight
of data
26. Legal developments
• South African case law
• Sedick and Another v Krisray (Pty) Ltd (2011) 8 BALR 879 (CCMA); and
• Fredericks v Jo Barkett Fashions [2011] JOL 27923 (CCMA)
• Media Workers Association of SA obo Mvemve v Kathorus Community Radio (2010) 31 ILJ
2217 (CCMA)
However, normal rules of substantive and procedural fairness do apply
• Smith v Partners in Sexual Health (non-profit) (2011) 32 ILJ 1470 (CCMA)
• LRA : employers may not prevent an employee from exercising rights it confers
• The National Labour Relations Board regards SM policies as potentially chilling on
employees’ rights to engage in activity to improve working conditions
• In August the FPB announced it will be considering “mechanisms” to regulate online
and new media content by 2017.
27. Pre-empting risk, encouraging innovation
• Most risks are avoided by exercising COMMON SENSE
• Observing existing codes of conduct
• Employer duty
• Social media Policy
• Electronic Communications Policy
• Appropriate Use of the Internet
• Standards of Ethical Behaviour
• Training : legal
• Training : social
• Include Terms of Use & Privacy Policy on websites
• Social Media Disclaimers: “The postings on this site are my own and do not
necessarily represent the company’s positions or opinions.”
• Outsourcing of services to digital marketing specialists : governance of outsourcing
agreement
28. Pre-empting risk, encouraging innovation
• Build a culture of compliance
• Define a strategy
• Create policy : staff contribution guidelines, appropriate content guidelines
• Implement policy
• Monitor and evaluate
• Appoint official SM spokesperson
• Address employee activities, usage and monitoring
• Ensure administration of sites
• Draft Terms of Use for Users
• Creative Commons licensing – open licensing framework
• Protect personal information provided by customers and employees – ask permission to disclose in
advance
• Seek permission to save cookies
• Public access to information and archiving practices
• Create a response plan for posting of defamatory, offensive or obscene content
• Evaluate SM practices
• Evaluate Information Management practices
• Enterprise risk evaluation
• Pre-publicatoin moderation of content
29. Brand insulation
• Who owns relationships, content, connections and communities created on SM
platform?
• Contractual pre-emption
• Consistency of brand and content
• Authorised employees to “speak” on behalf of the brand
• Prior approval for disclosure of special projects
• Prioritise quality of information
31. Governance
• Strategy – Statement of Purpose
• Statement of Programme Objectives
• Statement on Risk and Mitigation of Liability
• Statement on Legal Compliance
• Statement on Ethics
• Statement on e-Records Management
• Privacy Principles
• Confidentiality principles
• Who owns what and why?
32. Policy solutions – best practice
• Approval of social tools
• Social media usage in an official capacity requires responsible conduct
o Social Media Handbook for guidance on social media tools and services
o Grant employees specific approval to use social media
o When posting in an official capacity, remember that you represent the organisation
o Catalogue of all personnel approved for social media
o All sensitive, proprietary or classified information cannot be disclosed
o Information posted on third party website should be provided on an official website
o Follow all conduct guidelines
• Social media usage in an unofficial/personal capacity
o Present yourself in a manner consistent as an employee of the company
o Use of a disclaimer – it should be clear that all views expressed are that of the
individual and do not represent the views of the company
o All sensitive, proprietary or classified information cannot be disclosed
o ENSURE POLICIES ARE COMPLIANT WITH RELEVANT LEGISLATION AND INTERNAL
POLICIES
33. SM Policy solutions – best practice
• A notice and agreement that all social media accounts created or used on behalf of
the company belong solely to the company;
• An agreement that the company retains sole ownership of all login
information, passwords, and the associated content of those social media accounts;
• An agreement that the employee has no claim of ownership or
interest in the content created and distributed through those social media accounts;
• An agreement that the employee is responsible for managing the
account, but that all followers, friends and social connections associated with the
social media account belong to the company;
• An agreement that the employees shall relinquish and not use
social media accounts created or used on behalf of the company after termination of
their employment.
34. Social Media in Africa
• Arik Air “#ArikWhereIsMyIpad”
• McKinsey & Company, places the continent’s internet contribution to GDP at $18
billion.
• Pew Research approximates 78 percent of internet usage in Africa is for social media
• Africa’s estimated $14-billion social media industry
• With the internet expected to contribute a minimum of $300 billion to Africa’s GDP
by 2025, social media could contribute almost $230 billion to Africa’s growth by that
time
• Africa is projected to have the largest working population of any continent by 2020
according to a 2012 report by Euromonitor International
35. Social Media in Africa
• SM is impacting the way business is conducted in Africa
• The 2012 Arab Spring provided a powerful tool for social causes in Egypt and Tunisia
• African businesses and brands are acknowledging the communicative power and
increased reach provided by SM
• Jumia the leading ecommerce business in Africa reports social media networks
generate 20% of daily traffic
• Banks in Africa are rolling out tech-driven services on social media
36. Social Media in Africa
• Thanks to SM communities have been able to speak up and pursue causes against
governments.
• The internet has witnessed a sustained increase in adoption rates in Africa
• Penetration currently pegged at 16%
• More than 167 million active users across the continent
37. African legal landscape
• But the law is developing
• Many African countries lack developed SM laws and guidance on SM
• Developments are under way to enforce restrictions on social media
• Nigeria : rollout of a framework for the regulation of SM
• Malawi : warning to those exploiting absence of SM legislation to defame others
• Ghana : call for regulations to be put in place
• Kenya : hate speech laws blamed for violence following election of Dec 2007
• Botswana : the army banned soldiers from FB, Twitter and other SM sites for security
reasons
• Initiatives to harmonise regional and international laws in the electronic commerce
and data protection are vital
• Africa’s voice in determining laws that will impact social and commercial mobile and
online interactions
As technology legal advisors considering social media law and its impact on businesses, we’re particularly interested in the point at which conversation becomes publication. The very act of conversing online equates to publication which in the legal realm introduces a host of rights and obligations. Of even greater legal importance is the content that makes up that conversation and the implications it has for the creator, compiler, the poster, the hoster, the storer and the recipient of that content. In short, each link in what the law regards as “the chain of publication” carries legal implications.
The pervasiveness of SM is a moot point– the ubiquity of SM, our engagement with and reliance on platforms is no longer unique. SM has seamlessly become an everyday, for some all day event in our lives. Yet for something we use so freely and often unquestioningly, we are still surprised to discover that the very laws that regulate our non-digital behaviours also govern our interactions on line. As users of SM we become publishers of information, and thereby subject to the laws that apply to traditional media.
ZenithOptimedia estimated that total social media advertising spending will reach $4.6 billion this year, up 35% from $3.4 billion in 2012; looking ahead, ZO sees social media ad spending climbing to $8.22 billion by 2015, which suggests a cumulative annual growth rate of around 35% over the next two years.
When pressed on the legal responsbilities and implications SM agencies are yet to provide satisfactory answers with regard to awareness and programs within their organisations.
"Be aware it is a space that is watched," says social psychologist Ilka Gleibs, an assistant professor at the London School of Economics in London, whose study about social networking sites for research field studies has been drawing attention since it went online in January in the journal Analyses of Social Issues and Public Policy.
RELATED: Facebook posts 'contagious,' research suggests
"Facebook is transformed from a public space to a behavioral laboratory," says the study, which cites a Harvard-based research project of 1,700 college-based Facebook users in which it became possible to "deanonymize parts of the data set," or cross-reference anonymous data to make student identification possible.
Organisations use SM in the following ways:
But Blurring of lines between personal and professional creates a conversation of a special type.
Although SM has presented business with new channels to reach customers on an unprecedented scale often enterprises lack an understanding of the risks that arise in the social media space.
And while there is a need for the law to develop in line with technological developments, many of the laws that exist without amendment do apply.
Citing concerns for the elderly and children the City of Chongqing created footpaths for ‘texters’ to use to prevent smartphone related accidents.
In much the same way should we regard the laws that apply to social media as a protection mechanism, a safety lane for SM related accidents? We wonder whether laws are adapting sufficiently to deal with technologies and how people are using them.
SM platforms are publications subject to the same laws that govern mainstream media
The law governs human behaviour, digital or otherwise
statutes and the common law determine social media law parameters
Content that constitutes defamatory material, hate speech, harassment, ip infringement, privacy infringement
Unfair labour practices
Companies can be found vicariously liable for discrimination, harassment, defamation on SM where employee’s conduct occurs in course and scope of employment
Ownership of social media accounts: Where an employee creates a social media account in the name of the company on, for instance, Twitter and uses Twitter to communicate (tweet) information about the company, does the company or the employee own the account? Does the company or employee own the contacts (followers)? Most importantly, does the company, employee or Twitter own the content posted?
Cybersquatting: Cybersquatting traditionally referred to the bad faith registration of a domain name identical to the name (trademark) of a large company with intention to profit from the goodwill of a trademark belonging to someone else or to sell the domain to the trademark owner at an inflated price. This risk has trekked to social media sites and companies such as CNN have had to purchase social media accounts incorporating the company name from the first registrants.
Loss of intellectual property: Often, companies will post content to social media sites assuming that such content will be available indefinitely. A closer inspection of the Terms and Conditions of Service of specific social media sites reveals that the site may shut down at any time, without notice to the account holder and in the event of such shut down, the site owner has no obligation to retain or pass on any content to the account holder. A failure to back up the content posted may result in the instant loss of significant intellectual property.
Unauthorised disclosures of trade secrets by employees: This refers to the risk of employees who are not bound to appropriate internal policies sharing confidential information or trade secrets (formulas, know how) to their contacts through social media.
Brand damage: There are numerous examples of companies that have invested millions in brand building losing brand power due to consumers’ bad ratings of the company, its employees, products or services on social media sites such as Facebook and Twitter. In addition consumers are posting comparisons of services or pricing of different companies. Whilst companies may control use of social media by employees, the reality is that companies cannot control what consumers do. With this in mind, the real risk is the inability to respond appropriately when the brand is ‘hit’.
Licensing framework: copyright divisible rights, reproduction rights, exclusive licences, broadcast rights, commercial use, distribution rights, modification rights, remix rights, termination of service or account
Liability for defamation involves the balancing of the right to freedom of expression with the right to dignity
Limitation has to be justifiable.
aims to protect vulnerable members of society
The law provides a framework against which to devise SM policy
ECT: The Act provides an enabling framework for the reliance on ICTs for operational purposes. The Act calls for an examination of the extent to which legal risks, including unauthorised access to communications, are enterprise risks.
addresses the regulation of relationships between consumers and businesses across different areas of scope. The Act aims to promote fair business practices and establishes a control framework to ensure the fairness of contracts, introduces new protective mechanisms for consumers to exit from contractual obligations and has legislative provisions on marketing and marketing practices, including pricing transparency and restrictions over direct marketing.
The Regulation of Interception of Communications and provision of communication-related Information Act 70 of 2002 regulates the interception of communications and deals specifically with the interception and monitoring of communications. Employers must ensure that they comply with the Act in relation to dealings with their employees.
The Labour Relations Act 66 of 1996 governs the duty to engage in fair and appropriate practices within the workplace. The clear statement of sanctions in ICT policy documentation may promote substantive fairness whilst fair and consistent procedures for disciplinary measures associated with failure to observe ICT policies is necessary to promote procedural fairness.
The regulations that make up Social media law controls conversations that occur online
Employees dismissed for derogatory FB status updates. Employees had not restricted their FB privacy setting and updates could be viewed by anyone. CCMA found employer enttiled to access the posts as the employees had ‘open’ FB profiles
MWA a radio station employee criticised the organisation’s board and claimed its station manager was a criminal. The CCMA found that the employee was fairly dismissed as he had posted unfounded allegations on Facebook without having addressed these internally first.
Smith: chief executive officer accessed an employee’s private Gmail e-mail account while she was on leave and found e-mails between her and former employees, as well as persons outside the organisation, which made reference to internal matters. The employer initially gained access to the employee’s account accidentally but subsequent access was intentional. The employee was charged with a number of offences, including bringing the employer’s name into disrepute. In her defence at a disciplinary inquiry, the employee contended that the e-mails were accessed in violation of her right to privacy and in contravention of RICA. The CCMA found that the intentional access on the second occasion contravened RICA and the evidence obtained through this access was inadmissible on the basis of an infringement of the constitutional right to privacy. The CCMA held that the employee’s dismissal was procedurally and substantively unfair.
The FPB’s Strategic Plan does recognise the enormity of the task and the need to expand its infrastructure to acheive this
The FPB falls within the Department of Communications
June 2012, Japheth Omojuwa, an economist by training who has become a prominent Nigerian political advocate and social media personality, went to battle over an iPad lost on a flight with Arik Air, Nigeria’s largest indigenous airline. Omojuwa won. He launched the “#ArikWhereIsMyIpad” trend from oneof his social media platforms – a Twitter account with over 100,000 followers.
Other Arik Air passengers sympathetic to his plight used the same hashtag (#) to narrate their own experiences losing valuables onboard Arik Air flights. The resulting social media campaign damaged the airline’s reputation and ultimately led the company to suspend its Twitter account.
“Lions go digital: The Internet’s transformative potential in Africa,” a 2013 report by
According to the 2014 “Emerging Nations Embrace Internet, Mobile Technology” report by the Pew Research Global Attitudes Project,
With the steady rise of its middle class and increasing income levels, internet usage across the region will only increase, making it potentially the largest social media growth market in the world.
Tolu Ogunlesi, a renowned Nigerian political commentator and journalist with over 61,000 followers on Twitter: “In the early 90s, the government took control of almost everything, but now social media has changed everything.
“Broadband capacity has probably quadrupled, in the last five years,” said Obi Asika, founder of Dragon Africa, and CEO of Storm 360, a Nigerian entertainment company. He attributed most of the increase in internet access to an influx of new and better mobile technologies. “Mobile internet access is now really what’s the key driver,”
. Ghanaians monitored Supreme Court verdict in 2012 elections