All information on this website is for informational purposes only and is not legal advice. Ninomiya Law, PLLC and Kent Ninomiya only provide legal advice to clients when there is a valid engagement agreement signed by both attorney and clients. The principal office of Ninomiya Law, PLLC is located in Round Rock, Texas. Ninomiya Law, PLLC is responsible for the content of this website.

business owner social media guide

keeping you and your family safe

Businesses of all sizes must have a social media presence to attract customers and define their brand. Every business also needs a social media policy to protect its reputation and help avoid lawsuits and liability. Click on the links below for more specific information.

​Dangers:

  • Business Regulations:​ Businesses can get into big trouble if they don't follow laws, regulations, and guidelines for social media. 
  • Employment: Businesses and organizations can be held responsible for the social media behavior of their employees and members.
  • ​Social Media Feuds: Verbal and written sparring on social media that easily get out of control as emotions boil and actions escalate.  
  • Inappropriate Activity: Actions that seem harmless when posted but later prove to be embarrassing, offensive, or harmful. 
  • ​Lack of Awareness: This includes the spread of social media posts to a larger audience than anticipated, posts that are easily taken out of context or applied in ways other than intended, and poor quality control or oversight of social media campaigns.​
  • Virality: The rapid spread of information on social media.  
  • Private Information Leak: Inadvertent release, inappropriate release by an authorized user or release by an unauthorized party.  
  • Invasion of Privacy: The concept of privacy can vary significantly between cultures and on social media.   
  • Free Speech: ​Many people do not understand what is protected by the constitutional guarantee of free speech and what is not.
  • Retaliation: Even if social media activity is technically legal, there is nothing to prevent others from reacting to what you post.
  • Content Ownership: ​In some situations the poster owns all content and all the liability to go with it. 
  • Intellectual Property: ​You are not legally entitled to post the intellectual property of others on social media without permission. 
  • Fair Use: ​In certain circumstances the law permits the use of someone else's intellectual property without permission. 
  • Consumer Protection:​ Consumers enjoy special protections from unfair business practices by merchants on social media. 
  • ​Reviews and Ratings: A significant number of consumers make their purchasing decisions based on Internet reviews and ratings. 
  • False Accusations: It is important to react promptly and wisely to attacks on your reputation or brand on social media. 
  • Sweepstakes & Contests: Very strict laws regulate sweepstakes, contests, and lotteries.
  • ​Account Ownership: Ownership of social media accounts and followers must be established between businesses and employees. 
  • Hacking: Social media is commonly used by hackers to take control of accounts and computers to steal money and identities. 
  • Security: Social media can put personal safety at risk when it reveals personal information, relationships, and location.
  • Internet of Things: Your television, computer, and refrigerator may be listening to you and revealing what they hear to others.
  • Virtual Property: The law is not always clear about transferring accounts and other virtual property to another.  
  • Account Termination: ​Social media websites can terminate accounts pretty much whenever they want and for any reason. 

Your Options: Many social media users feel helpless when confronted with a social media problem. However there are many things that you can do to resolve an issue. Most do not involve the police or filing a messy lawsuit.​ Of course prevention is always the best option. Ninomiya Law, PLLC has developed programs to guide a wide variety of social media users on sensible social media practices:

  • Our 10 Step Social Media Strategy is designed for individual social media users, children, students, and families. It can be customized for individual needs.
  • Our 7 Step Social Media Policy Plan is for businesses, organizations, agencies, governments, clubs, schools, and any other group that uses or relies upon social media. It includes the steps we suggest for creating, implementing, and maintaining a social media policy.