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From the Lunarpages Blog this week:

by Jeffrey A. Cohen, Cohen & Richardson, PC

Social media has become a main stream marketing medium that should be considered in any robust campaign for Internet related products or services. At the same time, it must be clearly understood that there are legal and other issues presented by the use of social media which are substantially different than those of other media.

The interactivity that makes social media such a strong communication tool is so unlike any other medium that the failure to properly consider in advance and properly handle the issues that can arise can place the unprepared advertiser or marketer into an unexpected and unenviable position in the midst of a marketing effort.

For example, if your company maintains a Facebook ™ page, the question arises as to how your company intends to deal with negative commentary. Before the social media age, negative commentary could often be easily addressed via deletion, cease and desist letters or, where necessary court orders. In the age of social media it is often the case that any effort to stifle negative communications results in further negative communications critical of the effort to stifle the communication in addition to the initial offensive content. Your lawyer’s carefully drafted cease and desist letter often winds up posted on the very blog or website it was seeking to remove comments from.

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