Social Media and Misleading and Deceptive Conduct

Social media is increasingly being used as a way to promote products, services and brands.

Those using social media for promotion need to ensure the content in their posts and social media pages is accurate and not false, misleading or deceptive.

The Australian Consumer Law prohibits misleading and deceptive conduct and false or misleading representations in trade or commerce.

An IP owner who believes other people are falsely representing facts about their business, brand and goods or services may have recourse under the Australian Consumer Law.

For example, XYZ Pty Ltd uses Twitter to tweet information about their goods and services that is inaccurate and misleading. Such conduct would be in breach of the Competition and Consumer Act 2010 (Cth).

To minimise the risk of beaching the law, the general position should be that you refrain from using social media to make comments about your business, brand, products and services (or those of others) that you know has not been properly researched or likely to mislead the public. If you’re unsure about what you can or can’t say, seek legal advice.

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If you require legal assistance with respect to intellectual property law or technology law, contact Greyson Legal.