Social media law is an emerging area of practice, encompassing privacy and personality rights, copyright and trademarks, marketing and advertising, commercial, competition and other areas of law. It is essential for businesses and influencers to fully understand the implications of using social media to market products, services or a personal brand.

Influencers and businesses must practice caution with regard to advertising in order to avoid misrepresentation and ensure that all disclosure requirements are being met under the applicable legislation.

Canada’s anti-spam legislation (“CASL”) came into effect in Canada in 2014 with the general purpose of prohibiting commercial entities from sending Canadians promotional material without the consent of the recipient. CASL applies to newsletters, emails and among others, social media. Where businesses or individuals in Canada use social media to send promotional content to customers, potential customers or other important audiences, it is crucial to understand how to comply with CASL while continuing to maximize marketing efforts.

If you are a business or influencer doing a giveaway on social media, you should also be mindful of any applicable laws, including the Competition Act and the Criminal Code.

If you are a business, influencer or individual and you use social media to promote products, services or a personal brand, Nadeau Young can assist you to ensure you are complying with any applicable laws. In addition, if you believe your rights have been violated or if a business or individual is alleging you have infringed its rights, Contact Us.