Is your social media activity breaking the law?

200303708 abbec095f3 Is your social media activity breaking the law?

Tempero’s MD, Dominic Sparkes, raised this question in an NMA opinion column last week [issue 28 January 2010). Since October 2009 it is now illegal to moderate “a public electronic interactive communication service” likely to be used “wholly or mainly by children” unless you are compliant with the Government's vetting and barring scheme (like CRB checks).

Think you're not moderating? Think again. The Government defines moderation as "an activity or process whereby a person or technical filter is responsible for reviewing content posted by users”.

This could be as simple as reviewing photos submitted as part of a Flickr campaign aimed at teens or running a brand page on Bebo.

What remains to be seen is will the digital industry get on board and self-regulate or will Ofcom or equivalent  organisation have to be given the remit to enforce the legislation?

In a letter to the editor in the same issue ["Prohibition isn't answer to keeping kids safe"] Paul Robinson from KidsCo commented,

“It’s down to content providers and media agencies to work together to make sure our web-savvy children are exposed to safe websites.”

Confused about your legal obligations regarding child safety online? Check out our guide produced in conjunction with EConsultancy.

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