1 Substantive Law

Social Media and the Law

LawCPD author: Sharon Givoni
Sharon Givoni
Principal Sharon Givoni Consulting
1 CPD Point


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Social media is now a ubiquitous part of most people’s personal and professional lives, which means it is essential for lawyers to understand how existing laws impact social media use.

Can liking a social media post be defamatory? Can sharing a post amount to copyright infringement? Can using a hashtag breach an existing trademark?

The intersection between existing laws and social media is constantly shifting, which makes questions like this challenging to answer. Existing laws also often operate in ways that seem counterintuitive to how these platforms are used in practice. In this context, seemingly fleeting or temporary actions can have serious long term consequences for clients and lawyers alike. 

This course provides an overview of common legal hazards that can arise in the context of social media, particularly in a commercial and business context. It aims to equip lawyers to understand and identify these issues to ensure they can better advise and support clients in this rapidly shifting context. 

The course will cover:

  • The intersection of social media with consumer protection, including influencer marketing
  • The burden on social media users to avoid potentially defamatory actions
  • How businesses can protect and enforce copyright on social media
  • Protecting trademarks online and on social media

Published: November 2023

Meet the expert

LawCPD author: Sharon Givoni
Sharon Givoni
Principal Sharon Givoni Consulting

Sharon has over 20 years of experience in IP and commercial law. She acts for clients both in Australia and abroad, and has delivered talks on Australian IP law at international events.

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