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Blogging and Your Business
Social networking, blogging, and the use of sites like Facebook and Twitter to communicate are exploding. As in-house counsel, if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. What if the comment is wrong or exaggerated? What if your employee makes a claim about the product that is untrue? Is the company responsible?
The FTC Has an Interest
The FTC has taken an increased interest in the use of social media sites for product advertising. On Dec. 1, 2009, new FTC “guides,” published at 16 C.F.R. ' 255, went into effect, requiring that any person who goes onto a blog, Web site or a “social network” site and posts a comment about a product must disclose whether that person is receiving “anything of value” from the maker/producer of that product. Many commentators have focused on how these guides will affect advertisers, marketing companies, and professional bloggers. What many employers fail to realize is that the guides may also apply to companies and employees who are not professional advertisers.
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