Social media: Overview, definition, and example
What is social media in a contractual context?
In a contract, "social media" refers to online platforms where users create, share, and engage with content, including social networking sites, blogs, video-sharing platforms, and messaging apps. Contracts may include social media clauses to regulate how individuals or businesses use these platforms, especially concerning branding, marketing, confidentiality, and employee conduct.
Social media provisions can apply in various agreements, such as employment contracts, influencer partnerships, and brand collaborations, to protect reputations, ensure compliance, and define acceptable online behavior.
Why are social media clauses important?
Social media clauses are crucial because online content spreads quickly, and improper use can harm reputations, breach confidentiality, or violate agreements. These clauses help businesses:
- Protect their brand by setting rules on how employees or influencers represent them online.
- Prevent unauthorized disclosure of confidential information.
- Define ownership of social media accounts used for business purposes.
- Ensure compliance with advertising and endorsement regulations.
For employees and influencers, these clauses clarify what is acceptable when posting about a company, ensuring transparency and avoiding disputes.
Understanding social media clauses through an example
Imagine a company hires an influencer to promote its products. The contract includes a social media clause requiring:
- Posts to be pre-approved by the company.
- Full disclosure of paid promotions using appropriate hashtags (e.g., #ad or #sponsored).
- A prohibition on engaging in controversial or defamatory discussions while representing the brand.
If the influencer fails to follow these terms—such as not disclosing a sponsored post—the company may terminate the agreement or seek damages for reputational harm.
In another example, an employer includes a social media policy in an employment contract, stating that employees cannot share internal company information or make negative public statements about the company on their personal accounts. This helps protect the business from reputational damage.
An example of a social media clause
Here’s how a social media clause might appear in a contract:
“The Employee shall not post, share, or distribute any confidential or proprietary information of the Company on social media. Additionally, any public reference to the Company must align with the Company’s brand guidelines and social media policies. Any violation of this clause may result in disciplinary action, up to and including termination.”
Conclusion
Social media clauses help businesses manage risks by setting clear rules for online conduct in employment agreements, marketing partnerships, and brand collaborations. They protect reputations, ensure compliance with regulations, and provide guidelines for appropriate social media use. Whether for employees, influencers, or business partners, including well-defined social media terms in contracts helps prevent disputes and maintain a positive online presence.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.