Updates in social media – think Tweets, Facebook status updates, Pinterest posts, Instagram comments, etc. – are marked by informality and space or format restrictions. Such media isn’t designed for lengthy disclaimers or caveats, making it hard – if not impossible – to comply with detailed rules around advertising disclosures, disclaimers and records retention.
Of course, as mentioned earlier, there’s an easy way to solve this problem: don’t use social media as an outbound marketing tool.
If you avoid the “sales pitch” messages – which are at best ineffective, and at worst also ethically-challenged – you aren’t engaging in commercial speech and the advertising rules thus don’t apply.
Not sure what constitutes marketing vs. non-marketing in social media? This California ethics opinion 1 is notable for a) providing specific examples of both and b) getting the commercial speech analysis fundamentally right.
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