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Social Media – Something Old, Something New

Wednesday, February 22, 2012 By: James Warner

Although we may think of social media as something new, from a practical and legal perspective it is merely a modern extension of age old community and social intercourse. Accordingly, age old legal concepts such as copyright, free speech, defamation, confidentiality and duty of care apply to modern social media. Moreover, engagement in social media involves a catalogue of age old risks, for example exposure to criminal behaviours, misrepresentation, breach of privacy, and simple “bad luck.” That said, modern social media is a doorway to new ways of conducting business and interacting with others. Consequently the law has evolved to address issues like forming contracts via social media, the service of legal documents via social media, improved protection of copyright interests, and determining appropriate consequences for “bad behaviour” (eg, criticising one’s employer online).

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