Social media and user-generated content
Produced in partnership with Squire Patton Boggs
Social media and user-generated content

The following TMT practice note produced in partnership with Squire Patton Boggs provides comprehensive and up to date legal information covering:

  • Social media and user-generated content
  • Social media
  • User-generated content
  • Legal risks
  • UGC––copying and communicating to the public
  • New directive on copyright in the Digital Single Market
  • UGC––use of trade marks
  • UGC containing personal data
  • Defamatory UCG material
  • UGC––the tort of malicious falsehood
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

This Practice Note examines the legal risks associated with leveraging social media and user-generated content (UGC) and provides practical guidance as to how parties engaged in such activities can mitigate those risks.

Social media

Social media is an increasingly popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including:

  1. online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram)

  2. online blogs (eg Twitter,

  3. online forums (eg Mumsnet, Reddit)

  4. online shops and auctions (eg eBay, Amazon)

  5. online digital media sharing (eg YouTube, Vimeo, Flickr)

  6. online reference texts (eg Wikipedia)

  7. online games and applications (eg World of Warcraft)

User-generated content

Increasingly, businesses are encouraging consumers to contribute material to branded social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Social media content submitted by consumers is termed UGC. The benefits of using

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