Oh! Yes. You read that right… legal tips for bloggers.
I know you’ve been nursing dreams of launching your business online. You know, having a website with a blog, in order to milk all the possible benefits. Chances are that you’ve already kicked off.
Soon enough, the paper’s gonn’ start rolling in.
Right?
Well, not so fast Mr. Make It Rain.
Running a business is fun, but there are tons of dangers lurking. Imagine how much more dangers there could be when a business is on the Internet.
These dangers include court cases, outrageous fines and orders to take down posts on your website to name only a few.
The truth is that lots of entrepreneurs are in the dark about the relevance of the law. Trust me, that long arm will get you if you run foul.
Also, many are daunted by the technicalities involved, but it doesn’t have to be so. Certain persons are trained to handle those technicalities. For example, ahem, lawyers.
Having said that, in this post, I’m going to point out 12 different legal tips for bloggers. This will serve as a guide to help you blog legally and remain in the good books of the law while you make your mullah!
I’m aware that different laws govern different countries. So, while I’m not going to bore deep into the legal requirements of any particular country, I’ll highlight the legal issues that confront bloggers all over the world.
Also, I’ll keep the legalese to the barest minimum. This is a blog post, not a session in the Parliament.
By the way, before we kick off, here’s my disclaimer:
I am a lawyer by profession, but I am not your lawyer. This blog post serves strictly educational and informational purposes only. It does not form any sort of legal advice, neither does it create any attorney-client relationship between you and me. I am not liable for any damages resulting from or related to your use of the information contained in this post.
1. Privacy Policies
A privacy policy can be defined as a statement or legal document that explains how an entity collects, manages, uses and reveals the personal data of its customers, clients or users.
Any piece of information which can be used to identify a person counts as personal data. Examples of one’s personal data include:
- The person’s name
- Marital status
- Medical history and records
- Contact details
- Credit and debit card information
- Date of birth
- Driver’s license details
- Other forms of identification and financial records
The essence of a privacy policy is to completely notify the users of a website of the fate of their data.
Such personal data are worthy of protection.
For most websites, the privacy policy is usually contained in a page, and the link to the page is placed in the footer section of the site.
Many laws require a privacy policy on every website. Some of these laws include:
- Children’s Online Privacy Act (for the US)
- General Data Protection Regulation (for the EU)
- Privacy Act of 1988 (for Australia)
- Personal Information Protection and Electronic Document Act (for Canada)
Contents of a Privacy Policy
The contents of a website’s privacy policy depend largely on the governing law. However, the usual contents include the following:
- The data being collected
- The legal basis for the collection of the data
- The purposes for which the data are being collected
- Third parties who will have access to the data and how
- If applicable, details relating to international data transfer and measures created to enhance the process safely
- The rights of users concerning their data
- How users will be notified of changes to the privacy policy
Frankly, this is one of the legal tips which bloggers should take seriously. And that’s because the governing laws are serious about it too.
It makes no difference whether your business is only a budding venture that has barely seen the light of day or whether it is a company of global renown.
They will come for you.
The great Google felt the burn in a sizzling legal contest. Sure, they survived it, but the Silicon Valley company, Path, couldn’t.
Honestly, your business might not either.
Importance of privacy policies
- In many countries, it is a legal requirement if you collect personal data.
- Having a privacy policy fulfills the requirement of third-party services that you might be using. For example, Google Analytics actively requires you to have a privacy policy that contains details of your use of their services.
- A privacy policy on your website shields you from many legal complications and thus, saves you from much dreaded legal battles.
- It breeds trust and comfort between you and your customers because people are sensitive about their personal data in recent times. Revealing concrete information about what data you collect and what you do with it helps up your users’ trust.
- If you have a privacy policy on your site, you have a higher chance of making more conversions and more money. This is because customers patronize whomever they feel comfortable with.
2. Terms of Use
Terms of use are commonly referred to as terms and conditions or terms of service. The names mean the same thing and can be used interchangeably.
It is not a legal requirement. However, it serves as a body of rules and an agreement between you and the users of your website.
Basically, it outlines the do’s and don’t’s of your blog, and reminds visitors to your site that you are in charge.
Providing the terms of use page is one of the legal tips highly recommended for bloggers. This is because it pinpoints the rights and duties of all parties using the site.
Whenever a case arises in court between a user and the business, the courts pay due attention to the terms of use to determine whether or not the claim holds water. This makes it necessary for all websites to have comprehensive terms of use to protect them and reduce their liability in the event of legal actions.
It is worth mentioning that the terms of use should be drafted by a lawyer. Just downloading a template from the Internet hardly helps as such documents might not be tailored to suit your business.
The terms of use page is usually housed in a separate page, and the link to the page is normally placed in the site’s footer section.
Contents of Terms of Use
The particular contents of terms of use differ from one website to the other, but there are general elements that are normally found in it. They include:
- The governing law in the event of legal disputes
- Rules about intellectual property, use of the site’s content and uploading content to the site
- Rules for use of the site
- Relationship between the site and third-party links
- Termination of a user’s access to the site
- Limitation of Liability
- Applicable policies (such as warranty policies, refund policies etc)
Importance of Terms of Use
Even though it is not required by the law, the terms of use address a number of legal issues that concern bloggers. A number of them are outlined below.
- It prevents unlawful use of the website. Unlawful use includes anything that interferes with the smooth operation and enjoyment of the site by all, and this ranges from spamming other users to posting hateful content. This comes in handy as one of the legal tips aiding bloggers, because now and then, some odd fella spews vulgar language in the comment section.
- Also, it declares that the blogger who owns the website is the owner of the logo, site design, and content made by the owner. This further informs the users that such content is protected by international copyright laws.
- The terms of use state the right of the site owner to terminate the access of users and site visitors who use the site unlawfully.
- It also houses a disclaimer which reduces liability on the owner’s part for errors and omissions in contents uploaded on the site. In such instances, it states that the owner can’t be held responsible for any inaccuracies or mistakes.
- Additionally, the terms of use state the governing law in the event of a legal dispute, as well as steps that must be taken (such as mediation and arbitration) before the matter goes to court.
3. Disclaimers
Let’s face it. You make painstaking efforts to put out high-quality content. On paper, the tips and tricks you lay out in your posts are fool-proof and always produce the best results every dang time.
Here’s the shocker. It could all go wrong, even if a user follows your instructions to the letter.
Who’s to blame?
You, of course!
Except you have the shield of the “disclaimer” to ward off the fiery arrows of legal action from disgruntled readers.
By having a disclaimer on your blog, you deny liability for the content you publish, the inaccuracies in them or the possible mishaps that may arise from a user relying on them. These legal tips help bloggers in more ways than we can imagine.
Believe me. Site visitors sometimes trust bloggers a little too wholeheartedly. And we can’t blame them now, can we?
Personally, long ago, I googled up “how to make the best peanut cookies”, and followed the tips laid out in the top-ranking result.
The outcome? Third World War, inside me!
With a disclaimer on your site, you’re simply telling visitors who read your posts ” I dunno though, so you can’t say I ruined your life”.
That’s it.
Without a proper disclaimer, you open yourself to all sorts of court actions and claims from people who didn’t get the results you promised, or worse still, sustained injuries while following your instructions.
A disclaimer might not protect you from being sued in the first place, but it will go a long way in protecting you from liability.
There are 2 popular ways of putting a disclaimer on your site. The first is to create a page for it, with the link in the footer. The second way is to include it in a post. I’m sure you spotted mine up there.
Contents of a Disclaimer
Understandably, the contents of a disclaimer depend on the nature of business you hope to carry out on your blog and the relevant niche. It should be crafted to perfectly suit your business. Therefore, the contents include, but are not limited to:
- A disclaimer of liability for the accuracy of the information in your posts;
- Also, disclaimer of liability for physical harm caused by the goods you sell;
- A disclaimer of third-party responsibility;
- And a disclaimer of implied warranties;
- Additional disclaimers.
Importance of a Disclaimer
Generally, the essence of a disclaimer as one of the legal tips is simply to protect bloggers from liability. That pretty much sums it up. However, it is proper to consider the functions individually.
- It helps you disclaim liability for the accuracy of your information. This is necessary because mistakes always occur. Also, facts and records always change. Effecting such changes in your posts as soon as they occur is darn near impossible.
- Secondly, a disclaimer helps you deny liability for any physical harm caused by the items you sell. In this instance, it doesn’t entirely mean that a disclaimer will help you get away with selling flawed goods. The court will definitely pay attention to the surrounding circumstances, but you are always better off with a disclaimer than otherwise.
- If you run ads on your site or insert links to third-party sites, a disclaimer can help you avoid liability for harm effected by such third-party content. The disclaimer will state that you are not responsible for the actions, omissions, and errors of the third parties.
- It also helps you veer away from legal troubles that may arise from accidents or injuries sustained in the process of following your information. For instance, a fitness coach, or a business coach will do well to state that no information on the site is to be deemed as professional advice because no such relationship is created. Otherwise, such a coach is prone to all sorts of claims.
- A disclaimer covers various other issues such as earnings, the transmission of viruses by users or third parties, copyright violations by third parties and many more legal issues relating to blogging.
4. Disclosures for Sponsored Content
Blogging is a sweet deal. Know what’s sweeter?
Getting paid to do something you already love to do. That is a regular experience for bloggers.
Occasionally, bloggers are engaged by brands and businesses to write posts that speak well of the brand’s products. The bloggers get some form of compensation which could be in the form of money or otherwise.
So, what’s the business of the law with this, yeah?
The law (keep the Federal Trade Commission of the US in mind here) simply demands that you let your readers know when your opinion is being influenced by an advertising collaborator.
Whenever you are paid to write a post on your blog, you should indicate at the beginning that you received some form of compensation for the post. If you are an affiliate marketer and have links, you should also indicate that you will be earning a commission.
The law expects transparency between bloggers and readers.
You need not spell out what you received. A brief statement making it clear that you were paid suffices. Additionally, you could include in the statement a link that leads to a page housing a comprehensive version of the disclosure policy.
The importance of having a disclosure is to notify your visitors that there’s an incentive behind the post. This will help them make informed decisions about purchasing the product.
As odd as it might seem, this will lead your visitors to trust you more. Because you upheld your integrity!
I’ve witnessed many bloggers do this. Normally, they also state that they will only recommend products and services which they have personally used themselves.
Like I mentioned earlier, readers easily trust bloggers. So, with disclosures, we are building trust, making money and also blogging legally.
Bull’s eye!
5. Put it in Writing
Contracts. Written contracts.
Bloggers get into contracts with other entities frequently. These entities could be sponsors who want bloggers to promote their brand. Or collaborators and independent contractors who will help the bloggers with one or two tasks such as creating images, or writing blog posts (think of graphic designers and freelance writers).
Often, bloggers even get into contracts with their friends, not because the latter is rendering any peculiar service. But because the blogger disclosed a secret plan to him and wants him to keep it on the hush. In this case, they enter into a non-disclosure agreement.
Contracts seem to be the most underrated of all legal tips that bloggers know. Why?
Because lots of newbie bloggers are so excited when business opportunities pop up. Also, they usually think “oh yeah, well when I’m big enough”.
Sometimes bloggers are scared to speak of written contracts because they don’t want to seem difficult.
Ugh! That’s just sad.
Importance of Contracts
- A contract, written and signed, shows professionalism.
- It protects you when the chips are down.
- A contract defines expectations and lays out important details that seem trivial during mere conversations.
- Also, it helps the parties steer clear of misunderstandings and quibbles.
- It does a world of good to your image as an entrepreneur.
Contents of Contracts
If you ever need a contract as a blogger, here are the basic elements which it should contain.
- The parties to the contract, which could either be the individuals or businesses involved as the case may be and their addresses. Usually, this element of the contract spells out the capacity in which both parties are contracting. They normally contract in the capacity of collaborators or independent contractors, and not in an employer-employee capacity.
- Scope of work to be done. This clearly states what the work involves, and what is expected. It helps keep scope-creepers at bay.
- The number of reviews and changes. This comes in handy where one collaborator needs to go through the content and suggest alterations to be made. It helps limit the number of times alterations can be asked for and states the fees that will be charged for extra changes.
- Copyrights and usage. This explains who owns the copyright and how the work can be used by each party. Can each party repost? If reposts are done must the other party receive credits? Stuff like that.
- Turnaround time. This states specifically when the work should be done and submitted to the other party.
- Terms of payment. This part of the contract pinpoints when payment will be made and the mode of payment. It could also outline the penalty for late payment such as interest rates etc.
- The governing law. This indicates which law will hold sway if irreconcilable differences arise between the parties.
- Confidentiality clause. This is particularly relevant if it’s a non-disclosure agreement. It binds each party to seal his lips about their plans.
- Signature of the parties and date. Without this, the contract is nothing beyond a meaningless choreography of words and punctuations.
6. Copyright laws
While we’ve been discussing legal tips in the form of documents and website pages written by bloggers, another consideration that must be noted is the law of copyright.
This aspect of the law subtlely holds sway even in the world of bloggers.
The Internet is no man’s land and everything belongs to everybody, right?
WRONG!
The law of intellectual property protects people’s works such as their blog posts, images, songs, videos, ebooks, and courses. Therefore, only the creator and those he permits can reproduce, distribute, or publicly display the work, and even create derivatives from it (eg animations, or sequels to a movie or book).
Producing quality content takes effort, and the law seeks to stop one from taking unfair advantage of another’s hard work.
The law kicks in to protect your work once that work is expressed (in its final form). The law of copyright is alive in many countries (something we bloggers can be thankful for), but a huge plus to that is the Digital Millenium Copyright Act.
How the DMCA operates
The DMCA is a US law aimed at protecting digital copyrights. If you notice that another site owner has posted your content as his, as a first step, you can simply write to them, asking them to take it down. If they do, great!
But if they don’t take it down, you can issue a DMCA takedown letter to their hosting company which will take the stolen material down. Of course, this isn’t all there is to it. The DMCA has all the tiny details you need, and you might consider consulting a lawyer just in case.
The implication of Copyright laws for bloggers
These legal tips serve as both a sword and a shield for bloggers. So, while we are keen on learning how to protect our copyright, we also need to understand how not to violate the next fella’s.
I like to think of bloggers as decent people, so why any blogger would mindlessly copy and paste a post from another site is beyond me. That is a violation of the original creator’s copyright and you could get into a pool of trouble for it.
However, this does not mean that you cannot get ideas from other people’s posts. Sure, you can. As long as you craft and word your post in a manner peculiar to you, you are safe.
The law of copyright does not protect mere ideas.
Another area in which bloggers must be careful is the use of images.
Downloading and using about any image you find on Google Images will land you in a bitter pot of soup before you can say flick.
The safest option is to reach out to the creator asking for permission to use the image.
On the flip side, you can use images that are not copyrighted. Personally, I find this the most convenient option because it removes the worry of a potential violation and the hassle of contacting the creator. A number of places where you can find non-copyrighted images include:
A violation of copyright can land a blogger in prison, or make him liable for a fine of more than $100,000 for each work.
That’s scary!
To be certain about what works, it is wise to consult a lawyer in your locality for more legal tips about copyright and how they affect bloggers.
7. Email marketing campaigns
For many of us, this is the dream: email lists longer than the Missouri River, and an endless barrage of marketing emails to our subscribers.
While these dreams are valid, there are laws existing to stop your dreams from becoming a nightmare to others.
These laws point out important steps that must be taken in any email marketing campaign. Flaunting any of them could lead to huge fines – a corner you’d never want to be in.
These laws are majorly aimed at spammers and unscrupulous businesses who improperly acquire the email addresses of people and send unsolicited emails ceaselessly.
Therefore, the goal is to protect people from unnecessary and destructive spam and revive consumers’ trust enough for them to release their email addresses to businesses they want to hear from.
Laws governing email marketing
The laws governing email marketing in different countries include:
- Privacy and Electronic Communications Regulations of 2003 (for the UK)
- General Data Protection Regulation (for the EU)
- The CAN-SPAM Act of 2003 (for the US). CAN-SPAM means Controlling the Assault of Non-Solicited Pornography And Marketing
- Candian Anti-Spam Law (CASL)
- Australian Spam Act of 2003
Legal tips for bloggers running email marketing campaigns
The various laws governing email marketing identify a number of regulations that must be complied with. They include:
- Obtain the consent of the people on your email list.
- Avoid misleading header information just to trick recipients into opening emails.
- Clearly indicate that the email is an ad and not a personal email.
- State your address (it could be your current residential address or a postbox address).
- Offer an option and a way for recipients to opt-out of receiving future emails from you.
- Opt your recipients out promptly (without charging a fee for it and within 10 business days).
It is noteworthy that these rules are binding on you even when you delegate the task of email marketing to a third party, for instance, a digital marketing company. Therefore, ensure that they comply with the regulations before the emails are sent.
The good news is that if you make use of reputable email service providers, by default, you’ll be complying with the majority of these policies.
However, transactional emails (such as emails of order confirmations, emails for password change and emails that provide details about current membership) are not bound to follow these rules.
But you have nothing to lose if your transactional emails are compliant. Because these practices are ethical and indicate due respect for your recipients. Also, they give your emails a genuine look, instead of the suspicious appearance of spam.
8. Blogging and Libel
As much as we love to write, we bloggers need to be aware of our obligations under the law.
Anybody can get sued for libel and defamation, not just journalists or on-air personalities. Clearly, that includes bloggers. So, what, exactly, is libel? What is defamation?
Defamation is a term that generally refers to saying bad and untrue things that can hurt one’s reputation about a person. When such statements of fact are in writing, it is termed libel (yup, that’s for us right there).
However, if they are just verbal, it is referred to as slander.
Elements of Libel:
The basic elements of libel are some of the legal tips bloggers need to know.
First, the statement must be bad and hurtful to one’s reputation (at least in the mind of an average guy). This makes a whole lot of sense because, duh, no one gets mad when good things are said about him.
Secondly, the statement must be untrue. Right? So, if the hurtful things you write about a person are true, then you should not really worry. But if you are spewing lies, man, you are in for a rough time.
Also, the statement must be published. I keep this particular element in my mind before hitting the “publish” button after writing a blog post (I’m sure you can see why). This element implies that at least one other person must have read the post. Yup, just one loyal follower of your blog is enough to complete the circuit and have you entangled in a nasty lawsuit.
My personal advice concerning this issue of libel is for all bloggers to simply avoid writing hurtful things about others. I mean, how hard is it to not say something bad about another person? Sheesh!
As I indicated, these are just the basic elements, but they are enough to open your eyes and save you from trouble. It would be appropriate to seek legal advice if you are concerned about the nitty-gritty of the law on libel and defamation.
9. Blogging and Trade Secrets
The law stretches farther than we assume.
You could possibly be wondering “Why the heck would a blogger be concerned with a person’s trade secrets?”
Well, I’m here for such questions.
A trade secret refers to an intellectual property that exists as a process, mechanism, pattern, style or formula which is not known to the general public, but through which the business or person who owns it can get some advantages in business.
The laws vary from one country to another, but generally a trade secret
- is not known to the public;
- helps the owner make progress in business;
- and the owner is eager to preserve the secret.
A perfect example is the formula for Coca-Cola which has been protected for over 20 years.
Imagine that you worked in a popular bakery and you were one of the very few who knew the special recipe behind the remarkable taste the pastries had. Usually, employees who have such knowledge sign a non-disclosure agreement and you did.
Now, imagine that you resigned from this hypothetical bakery a few years later and launched a blog for baking tips. It’s all coming together, yeah?
The non-disclosure agreement stops you from giving away the secret recipe which that bakery uses. And if you go ahead to release such closely guarded information, a serious lawsuit just might be coming for you.
It is easy to think this instance is extreme, but these things happen! The essence of these legal tips is for fellow bloggers to have a fair understanding of the law and steer clear of trouble as much as possible.
The wrong end of the law is an unpleasant place to be and we should be mindful of these legal issues.
10. Blogging and Personality Rights
Personality rights, which are also called rights of publicity refer to a person’s rights to regulate and earn from the use of his name, image and other forms of identity.
The law in this aspect is aimed at preventing a person from losing commercial worth due to the unauthorized use of his identity for commercial purposes. If the user is making money from it, he should be doing so with permission, otherwise, he must give the actual owner his due.
Almost every country has this sort of law in place, but some make the law applicable only to celebrities and really famous persons, while others make the law applicable to any individual.
Also, in some countries, the right is only protected if the person has previously earned some commercial benefit from exploiting his identity.
What this implies for bloggers is that we could be violating an individual’s rights if we use an unmistakable form of his identity for commercial benefit.
We usually post different forms of media such as videos and audio on our blogs. Sometimes, bloggers even create online courses for sale. Imagine buying a course from a blogger only to hear the lessons going on in Barak Obama’s voice!
Odd right?
It might serve the desired purpose for the sake of the lesson, but the blogger is only an inch away from legal action.
11. Legal tips concerning intrusion upon seclusion by bloggers
Bloggers should be mindful about publishing stuff about people. And I don’t mean that for just untrue stuff.
You could get into a legal mire for publishing the truth (gossip bloggers, please take note).
The laws concerning intrusion upon seclusion seek to preserve people’s private lives and save them unnecessary embarrassment.
Little wonder the offense is also referred to as publication of private facts.
Elements of intrusion upon seclusion
- There must be public disclosure of facts. Posting on your blog is enough to count as publication.
- Secondly, the facts disclosed must be private. It must not be known by the general public. This includes intimate details about a person’s life which are unknown to the general public. Examples are a person’s medical conditions, sexual orientation and history, and financial records. However, if the information has already been made public by a magazine, newspaper, or another blogger, it is no longer deemed private.
- The facts disclosed must be offensive to a reasonable person. If the publication of the fact would be annoying to a regular fellow, then this requirement is satisfied. It doesn’t matter if the person who was written about found it offensive.
- Finally, the facts stated must be an issue that doesn’t legitimately matter to the public (that’s to say the fact is not newsworthy).
With these details, you are armed with the necessary information to blog legally and stay out of harm’s way.
12. Business Entity
This last legal tip should be the first consideration (what an irony!) when you want to start the business of blogging.
You can embark on a business as a sole proprietor, or you could form a company.
The implications of running a business as a sole proprietor are huge. In the event of legal action, and award of claims against the blogger, the blogger will be personally liable. This means he will pay whatever fines and damages out of his pocket.
However, if the business is being operated as a company, the idea of a corporate veil comes into play.
The concept of a corporate veil implies that in the event of a legal claim against the business, no one will be personally liable. Instead, the business will be liable, and all fines and damages will be paid out of the business’s coffers.
This protects the actual persons who formed the business from liability. This is important for bloggers because you could wind up on the wrong end of a legal suit at any time.
Conclusion
So, now that you know the legal tips that help bloggers, be quick to take a look around your blog.
If there’s a legal loophole in any part, do well to patch it up ASAP. But, if you hope to start a blog sometime in the future, well, the force is with you! Here’s a trove of precious knowledge for you.
Do you know any more legal tips that would be of help to bloggers? Have you had any legal issues as a blogger? What are your thoughts on this post generally?
Let me know in the comments section. I’m all ears. Kindly share this post, too.
