Law in Social Media (third). Information requirements, competition, advertising in social media, Twitter on the example.

7th December 2009 - 12:17

Social media is not above the law.

Although not all legal questions can be answered, there are recommendations of lawyers who can protect them from warning. A final clarification, there will be probably only by appropriate court.

Twitter and Clauses

Legal obligation to Twitter

Discussed the question of whether and how a Twitter page an imprint in accordance with § 5 Tele Media Act (TMG) is required.
In the Internet World Business (24/09), Dr. Hajo Rauschhofer, specialists in IT law, advance a few tips for an imprint on the Twitter page:

Definition for private or business

By criteria analysis of § 5 TMG offers need only "businesslike" an imprint.
A distinction is, as with eBay, not always easy: twittert the CEO as an individual or as part of marketing strategy.
I would always go out of it, that a CEO's brand lives and so a brand ambassador and representative of the company and thus twittert always commercial.
Business-services can usually already in the design of the background graphic (corporate identity) and the contents of the Tweets recognize.

Legal Notice where and how

Applying the law on the BHG "two-click Contacts ( Az I ZR 228/03 ) [Lightweight visibility and immediate accessibility via two links] on Twitter, it is clear reference to give a sufficient. A clear indication is to have a background image, the other was the link in the Twitter homepage to information in fields:

First design of the background graphic (corporate identity)
Second link in the Twitter information to the homepage in the "Web".

Recommended placement: Imprint on Twitter

Because of the possibility still currently limited to the Twitter page (perhaps even these fields are expanded), the imprint is to actually place the following:

3rd Tip: significant reference to the imprint from the "bio-box
(See Example = top right, under the name-location Web)

However, there may be a warning, which consider a domain may change even as inadequate and may be of the opinion that the fields "Web" or "organic" does not necessarily explain the fact that behind it and an imprint.

Competition

Even with the manageable scope for abuses (there are only 140 characters) of fact that this shortage wording misleading or comparative claims the lead. This in turn, to desist from competitors.
So, who claimed to be the greatest, his best or fastest, this unique feature has to be proved.

Even if employees of the company name in twitter, should the respective company Media Guide Lines (Twitter-Policy) have created their own social, a guide to give the one who was the field of external corporate communications can say this in and what not. (See article on the blog Social Media Guidelines ).
Otherwise it can also at Twitter as a quick little statement to be taken over competitors that had not been approved by the legal and marketing department.

Advertising on Twitter, probably ok

The legal position of advertising messages is still unsecured.
Much talk, however, that advertising permitted by Tweet is when the commercial direction and is further readily apparent to the follower wants. (Opt-In)

E-mail submissions made voluntarily, without intervention by the recipient. See the restrictive law on advertising mail.
"Already the first single sending unsolicited e-mail advertising can be an unlawful interference with the right to set up and run a business operation. [BGH, Decision of 20 May 2009 - I ZR 218/07 - OLG Frankfurt / Main]
Second, the sending of unsolicited e-mail advertising to companies regularly affect their operation process ... "(see more: guidelines )

In a Twitter account Follower register even to the owner for his Tweets on to.
If it is a business-provider, a company or a self-employed, the follower must be expected that more or less openly advertising is delivered.

Transposing but here the principles of the opt-in procedure strictly, would have a Twitterer Followers to its first point out that advertising is. For the Rechtswanwalt raises the question of what should be in this cycle, given the "uncontrollability" of the steadily growing number of followers. I find it quite as uncontrollable, since an e-mail is received about any new registrations follower. Each of these new followers to send a message would then occur only fully automated.

Advertising by third-concern

Analogous to recommendations, it is to be of greatest concern according to the lawyer advertising by third parties. Anyway, if it is according to recent e-Card-law: (about OLG Nürnberg, Az 3U 1048/05 ) considered:
"Summary:
1st The provision of a pure product recommendation (without advertising) by e-mail is not anticompetitive.
2nd Anti-competitive product recommendation, however, if the product recommendation will be (secretly) is provided with any other advertising. "

Whether permissible under German law is that senders, those to participate in a raffle or similar promise to spread their messages to followers, will be clarified.

Liability for Links
There, the principles apply regarding the liability of illegal links as well in the setting of links on Twitter, Facebook, etc. as part of communication.

• Accordingly, the liability of the positing the link if the link leads to illegal content.

Expressions of opinion, publication and enforcement of rights are practical, user-friendly, in the next two parts.

These articles might well be:

• Social media success, key performance indicator (KPI). Networking can not be measured in clicks. (9 / 10)
• Law in Social Media (3 / 3). Warning, liability, judicial enforcement, recall their own content.
• Social Media sprint. Facebookmarketing, targeting, win-win situation.

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