In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally accountable to Turkish authorities. Among other things, the law also requires companies to respond within two
Influencer Marketing
Social Links: Online censorship in China; Florida legislation to thwart gang activity online; influencers criticized for breaking quarantine rules

China’s “internet police,” who coordinate online censorship, have become especially busy since the coronavirus outbreak.
Inspired by homicides that were precipitated by social media posts created by one group of teenagers to incite another, a Florida bill would allow law enforcement to charge juveniles with a misdemeanor for posting photos of themselves with firearms online.…
Social Links: YouTube bans some targeted ads; big changes afoot on Twitter; Facebook plans to remove ‘deep fakes’

In a move that might be part of a settlement that YouTube has entered into with the Federal Trade Commission, the video-sharing site said it will ban “targeted” advertisements on videos likely to be watched by children. Because targeted ads rely on information collected about the platform’s users, displaying such ads to children…
Social Links: FTC fights fraudulent online product reviews; Twitter takes another swipe at trolls; Influencers affect everything from cybersecurity to career choices

The high-end skincare brand Sunday Riley has settled lawsuits filed by the Federal Trade Commission claiming that the brand’s founder encouraged employees of her eponymous company to set up accounts “under different identities” on the cosmetics retail site Sephora.com and leave positive reviews for Sunday Riley’s products. The FTC filed the complaints after the agency…
Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers



The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. This new guidance from FTC staff takes the form of a brochure (with accompanying video) aimed directly at influencers. It bluntly states that influencers “must comply with the law” when working with brands to recommend or endorse products and provides “tips on when and how to make good disclosures.”
The brochure is a distillation of the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), as well as subsequent FAQs, guidance, and related materials. Arising out of the prohibition under Section 5 of the FTC Act on unfair and deceptive acts or practices, the Endorsement Guides require advertisers and endorsers (i.e., influencers) to, among other things, clearly and conspicuously disclose when the advertiser has provided an endorser with any type of compensation in exchange for an endorsement. This type of arrangement is what the Endorsement Guides describe as a “material connection,” meaning “a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience).” The new brochure delivers this message as follows: “Telling your followers about these kinds of relationships [i.e., material connections] is important because it helps keep your recommendations honest and truthful, and it allows people to weigh the value of your endorsements.”…
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A dating platform’s alleged fraud; a decline in the popularity of popularity metrics; TikTok’s unique AI

Singapore has enacted a law granting government ministers the power to require social media platforms to completely remove or place warnings alongside posts the authorities designate as false.
Unlike the compensation earned by child stars who perform on television, in films, or on other traditional media in California, the income generated by children who…
Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic

A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who fail to remove the content could be sentenced to jail time.
The European Parliament voted to approve the Copyright Directive,…
The FTC’s Quest for Better Influencer Disclosures


In the last few years, as advertising has followed consumers from legacy media such as television to online video and social media platforms, the Federal Trade Commission has been attempting to ensure that participants in this new advertising ecosystem understand the importance of complying with the FTC’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” or the endorsement guides. The endorsement guides require advertisers and endorsers (also referred to as influencers) to, among other things, clearly and conspicuously disclose when the advertiser has provided an endorser with any type of compensation in exchange for an endorsement.
A failure to make appropriate disclosures may be a violation of Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices. In recent enforcement actions, press releases, guidance, closing letters and letters sent directly to endorsers (including prominent public figures), the FTC has made clear its belief that: (1) appropriate disclosures by influencers are essential to protecting consumers; and (2) in too many instances, such disclosures are absent from celebrity or other influencer endorsements.…
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2017: Our Greatest Hits

Last year we covered a wide range of online legal and business subjects intended for readers ranging from Internet entrepreneurs to social media marketers, from online shoppers to e-tailers, from networkers to influencers (and the brands that pay them).
The topics of our blog posts covered a myriad of cutting-edge subjects, including a new federal…
Social Media 2018: Addressing Corporate Risks
As Socially Aware readers know, social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s legal risks at Practising Law Institute’s (PLI) 2018 Social Media conference, to be held in San Francisco on Thursday, February 1st, and in New…