Social media can be a great way to promote your business. However, there are certain aspects you may not be aware of, and you can find yourself in legal trouble without realising it. With a sensible approach, it is possible to get more out of social media by avoiding these potential pitfalls.


The billionaire Elon Musk recently made a mistake on this when he used a picture of a unicorn without properly crediting the artist. It is important to be aware of this when using photographs, music, etc. as the copyright holder may pursue legal action if they feel you are improperly using their work or not properly crediting them.

Ask permission

Let’s say for example you run a restaurant. You come across someone on a social media platform which has raved about your food and posted a picture. In this instance, it is important to contact them before reuploading the picture elsewhere, as some people may want to maintain their privacy. Even if this doesn’t result in any legal action, there is the potential this could damage your brand image, so be wary before sharing anything.

Full disclosure

You may approach a celebrity or influencer to promote your product. In recent times, there has been more of a push for people to be more open about whether their content includes a paid promotion. Be sure to check this before doing a video campaign with an influencer, as this will prevent any potential complaints or legal issues.

Talk to your agency

In some cases, you may not have time to produce content on your social media channel. Therefore, you could choose to bring in a third-party promoter, such as a marketing agency. It is important to ensure that the agency is aware of their legal responsibilities, and equally, you should clarify who owns what when someone produces content for you, something that should be included in the contract to prevent legal issues later on.

This is also true of your internal social media policy- employees posting on your behalf (or for themselves) need to know what is appropriate.

Check the terms of service

Before signing up to a social media platform or producing content on there, it is recommended that you look over their terms of service, or have a legal representative look over it for you. While this can seem overwhelming, this will help clarify what you can do when posting on there.

Equally, it can give an indication of what is appropriate – for example; some platforms may not allow you to pay for political advertising on the platform.

Contact us

If you are in any doubt about social media, it is best to talk to someone who knows. At Larcomes, we believe in providing the resources and specialist legal professionals you need, while at the same time providing a level of customer service that can give you the reassurance you need. To find out more or to discuss your issues with social media or any legal concerns please contact us today.