This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP) rights. It provides practical guidance on how parties engaging with UGC can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg X) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might involve contributions to a brand’s page on (for example) Facebook, or it

This Checklist is intended to be a guide for businesses considering drafting a social media policy and the practitioners advising them. Each policy will differ in order to deal with the individual needs of the business, particularly in regulated sectors such as financial services, law or accounting. At the outset, businesses should consider the objectives and purpose of a social media policy. The business should identify the potential risks of employees and other staff using social media so that the policy, when implemented, will be an effective tool in mitigating those risks. Social media covered by a corporate social media policy should include social networks, email groups, bulletin or message boards, chatrooms, listservs and blogs. Some well-known examples are Facebook, LinkedIn, Pinterest, YouTube, Instagram, Flickr and X. As social media technology is constantly evolving, the list of examples is intentionally not exhaustive. Why do you need a social media policy? Individuals use social media for both personal and professional purposes and the social media policy should try to distinguish between that which is, and that which is not permissible.

MLex: Some financial products being offered in the UK, such as debt solutions, are so complex that it might not be correct to promote them via social-media adverts, the Financial Conduct Authority (FCA) has warned in new guidance. ‘Finfluencers’ should also consider whether they are the right people to be promoting certain products, and companies that use finfluencers should take ‘proactive responsibility’ for their posts, the FCA said.

The first part of this Practice Note sets out different types of criminal offences which may be committed in relation to content posted on social media platforms. This includes trolling, cyberbullying, virtual mobbing, cyberstalking, flaming, and setting up fake social media accounts. It also covers communications offences, CPS Guidance, substantive offences which may involve the use of social media, and some offences under the OSA 2023. The second part of the Practice Note focuses on civil causes of action which may arise—including defamation, misuse of private information, civil harassment, data protection, infringement of intellectual property (IP) rights, consumer protection and advertising regulations, disinformation, practical ways to bring an action, and the ‘right to be forgotten’ and to ‘erasure’. Brexit This Practice Note focuses primarily on UK social media offences and claims, but does consider where the European position may be relevant to UK-based practitioners and notes key divergence in this respect. This Practice Note also refers to a number of EU judgments insofar as these relate

MLex: Social media platforms could be in line for a concerted EU drive to keep children safe online, with recent shifts in the European Commission’s messaging and actions suggesting a firmer political stance on them. The EU executive appears to expect platforms with a user age limit to implement strict age verification, though some experts doubt the Commission has a clear legal basis to do so.

Social media is widely used by businesses as a marketing tool. This Checklist is designed to help law firms determine whether you have the systems in place to comply with relevant legislation and regulation in relation to social media. For detailed guidance and further resources see subtopic: Electronic workplace. Required document or action Compliant? Comments/action points Do you have a written policy describing permitted and prohibited use of social media?Eg see Precedent: Policy—social media (short form). ☐  Yes☐  No (explain why) Add any comments or action points Does your social media policy also cover use of the internet and electronic communications? If not, do you have a separate internet and electronic communications policy?Eg see Precedent: Policy—internet,

The increasing use of social media presents both benefits and risks for employers and employees. The ability to connect with others, create a network and communicate quickly to a wide and often targeted audience can enormously benefit an organisation when used positively. However, those same features of social media sites can also cause significant problems for an employer when the use of social media by an employee or former-employee is not in the organisation’s best interests, particularly if controversial comments are re-tweeted, shared, re-posted or ‘go viral’ and reach a mass audience. While many of the potential employment problems arising in respect of the use of social media are not ‘new’ employment problems from a legal perspective, they arise in a relatively new context in which the application of existing case law is not always obvious. For example, issues arise such as: • Does an employer have protectable interests in business connections made on a social media account? • What can an employer do to minimise reputational risk as a result of employees’ making disparaging remarks via personal social

These social media training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on issues arising in relation to social media. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances. The training materials are customisable. Click the link below to download the training presentation. Contents • Use of social media • Marketing and advertising • Customer relationship management (CRM)—data protection • Public

This ‘how to’ guide looks at how social landlords can serve a notice to seek possession of an assured shorthold tenancy under section 21 of the Housing Act 1988 (HA 1988). It covers the key aspects of the notice, including when and how it should be served and the pre-conditions that must be complied with. From 1 May 2026, the section 21 procedure is abolished for the private rented sector (subject to transitional provisions for section 21 notices served prior to that date), and is only available in the social sector. For guidance on terminating an assured tenancy in the private sector, see Practice Note: Private sector assured tenancies—terminating. Check the term dates A section 21 notice may not be served within the first four months of the term (or the original term if the tenancy is a replacement) and may not expire before the end of the contractual term of the tenancy. See Practice Note: Assured and assured shorthold tenancies—terminating — Section 21 notice. Check the parties The section

This ‘how to’ guide looks at how social landlords can serve a notice pursuant to section 8 of the Housing Act 1988 (HA 1988) to seek possession of a property in England let on an Assured tenancy (AT) or an Assured Shorthold Tenancy (AST). Social landlords (meaning private registered providers of social housing) are not yet affected by the reforms introduced by the Renters’ Rights Act 2025 (RRA 2025). It covers the form and service of the notice, the grounds for possession and practical steps to be taken once a notice has been served. For guidance on serving notice to determine an AST under HA 1988, s 21 see Practice Notes: Social sector tenancies—how to serve a section 21 notice, Quick guide to terminating Assured and Assured Shorthold Tenancies and Assured and assured shorthold tenancies—terminating—Section 21. For guidance on how to serve a section 8 notice for private sector landlords, see Practice Note: Private sector tenancies—how to serve a section 8 notice. Check the form of notice The section 8 notice must

These drafting notes are to be used to prepare a notice under section 8 of the Housing Act 1988 (HA 1988) on behalf of a private registered provider of social housing. The notice is used to seek possession of a dwelling let under an assured tenancy (AT) or an assured shorthold tenancy (AST) in England under one of the grounds set out in HA 1988, Sch 2, or an assured agricultural occupancy. From 1 May 2026 landlords in the private sector must use a different form of notice. See Practice Notes: • Private sector tenancies—how to serve a section 8 notice • Private sector assured tenancies—terminating Prescribed form The section 8 notice for social landlords should be in the following form: Section 8 Notice for properties in England. Note that from 1 December 2022 ASTs, ATs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs and ATs became converted occupation contracts. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating

This Flowchart sets out the procedure for social landlords to terminate an assured shorthold tenancy (AST) under section 21 of the Housing Act 1988 (HA 1988) using the standard possession procedure, including the timing for serving a section 21 notice, issuing proceedings and stages in the proceedings leading to an order for possession. From 1 May 2026, this procedure is abolished for the private rented sector (subject to transitional provisions for section 21 notices served prior to this date), and is only available in the social sector. For guidance on terminating an assured tenancy in the private sector, see Practice Note: Private sector assured tenancies—terminating. Where HA 1988 applies, unless a tenant agrees to vacate a property voluntarily, a landlord can only recover possession by following the procedures set out in HA 1988, ss 8 or 21, by obtaining an order for possession and enforcing it. For further guidance, see Practice Note: Assured and assured shorthold tenancies—terminating. HA 1988, s 21 allows a landlord to bring a fixed term AST to an end