Ins & Outs of the Legal Social Media Arena

Margaret M. DiBianca Associate Young Conaway Starrgat & Taylor, LLP p 302.571.5008 f 302.576.3476 Wilmington, DE
Margaret M. DiBianca
Young Conaway Starrgat & Taylor, LLP
p 302.571.5008
f 302.576.3476
Wilmington, DE

It was such a pleasure meeting Molly DiBianca, who came out to speak about the legal matters of social media. Molly is a legal consultant for Delaware employers and runs an award winning blog – The Delaware Employment Law Blog. I happened to learn a lot…like did you know that there is no such thing as free speech in the workplace? I definitely did not know that!!! Or that there are three types of claims people can file:

1. Constitutional (Government)

2. Statutory – written law

3. Common Р judge-made also a tort.

Also, did you know that when you publish ANYTHING – you relinquish your right to privacy? This one blew me out of the water…and its good to know, especially being a writer/blogger, publisher/marketer. Once this right is forfeit, you also have no claim to invasion of privacy, even if the information goes beyond your scope of expectation (viral). Once the information is somewhere that the public can easily gain access, there’s no¬†reasonable expectation of privacy (meaning, you can reasonably argue that your information was guarded and was forced upon or stolen) – there’s nothing you can do!

Last but not least, we spoke about defamation and the difference between slander (spoken) and libel (written). The hardest defamation case to prove are the slander ones, unless you’re a celebrity or some other famous influencer…so these cases are rare. Did you know that libel on Twitter is called Twibel in the legal world? Who would have thought?

Just like any other industry, social media does not exempt us from being accountable or responsible for our actions when it comes to what we publish. I always advise people to think before you post, as once its out there…that’s it! I hate to see the idiotic apologies that come after we’ve virally placed our feet in our mouths – and now we risk losing everything, all because we spoke in the heat of the moment!!!! Celebrity breakups come to mind! My biggest tip is, keep your personal business of the social media platforms. If you are using someone else’s artwork, CREDIT your sources, link out to their site…and please please please, if you receive a “take down notice” for any reason, TAKE IT DOWN!!! This solves 99.9% of all issues. I also suggest, have guidelines and policies in place before taking to any platforms to put yourself out there! These plans are created to protect the entity and parties involved. They are the vital backbone of any successful social media campaign!


One thought on “Ins & Outs of the Legal Social Media Arena

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  1. Reblogged this on Socially Yours, and commented:
    A post from my UD Social Media Strategies classmate. We all enjoyed listening to Molly DIBIanca talk to our class and we benefited from her sage advice. A great final guest lecture to end our season!

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