Extract from Page Vault’s article “Reconstructing The Digital Scene: Timelines In Social Media Litigation”
In the ever-evolving digital landscape, social media plays a pivotal role in shaping personal and corporate communication. Yet, this vast digital interaction space is not without its legal complexities. With a staggering 95% of young Americans aged between 13 and 17 engaging in social media platforms like Facebook, Instagram, TikTok, YouTube, and LinkedIn, according to the Department of Health and Human Services, the legal ramifications are both vast and intricate. This blog post unpacks various aspects of social media litigation, from privacy and data management concerns to copyright and defamation issues. It offers a comprehensive overview of how these digital platforms are intertwined with legal challenges and the implications for the practice of law, particularly in evidence gathering and litigation.
Social Media Litigation Explained
According to the Cambridge Dictionary, social media is an umbrella term used for apps and websites that facilitate interpersonal communication via digital devices. Familiar examples include Facebook, Instagram, TikTok, YouTube, and LinkedIn, all of which enable individuals and companies to publish and share content online. In the United States, social media platform use is common, particularly among young people; per the Department of Health and Human Services (HHS), 95% of individuals between 13 and 17 years old utilize at least one of these platforms. Laws related to social media address both civil and criminal aspects. Social media jurisprudence is a constantly changing arena, covering activity linked to networking websites and the content generated by the users of these sites.
Examples of the legal issues surrounding social media that may result in a legal claim include advertising law, defamation, and privacy. Privacy concerns may be caused by the data collection and management practices of the technology company or companies involved in running the platform; they can also arise in the context of peer activity among users, such as when one member of a social networking site posts a video or photo online without getting consent from those featured in the content. Sometimes, the content posted on social media sites might also infringe the intellectual property rights of an individual or entity. These latter cases are usually related to trademark or copyright issues and can sometimes lead to intellectual property litigation.
