LegalGuard Social

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Field guide

Common legal pitfalls, and how to avoid them.

The mistakes that trip people up most often on social media, with a plain-English explanation of why they matter and the safer approach to use instead. Read this before you draft, and screen your post before you publish.

Common pitfalls

Ten recurring traps, grouped by the area of law they touch. Each one shows the mistake, why it's risky, and the safer way to say the same thing.

Defamation

Facts you can't prove dressed up as opinion

The mistake

Writing 'in my opinion, they're a fraud' doesn't make a defamatory statement safe. Courts look at whether the core claim is provably true, not whether you prefaced it with 'I think'.

Safer approach

Frame opinions around facts you can verify, or state the underlying facts plainly and let readers draw their own conclusion.

Defamation

Naming someone indirectly

The mistake

You don't have to use a name. 'The manager at that Bondi cafe who always skims tips' can identify a person just as clearly, and the imputation of theft is defamatory.

Safer approach

If the subject could be identified by context, assume the post identifies them. Remove identifying details or make sure every claim is true and provable.

Copyright

Reposting images you found online

The mistake

A photo on Google Images or a competitor's feed is not free to use. Embedding or reposting someone else's image, video, or music without permission is infringement even with attribution.

Safer approach

Use licensed stock, Creative Commons material with the right licence, or your own original media. When in doubt, ask the rights holder.

Copyright

Screenshots that include protected content

The mistake

Screenshotting a news article, comic, or graphic to 'react' to it can still infringe, especially if your post substitutes for the original rather than commenting on it.

Safer approach

Quote or crop the minimal portion needed for genuine commentary, and link to the source rather than reproducing the whole thing.

Trademark

Hashtags and handles that imply endorsement

The mistake

Using a brand's name, logo, or tagline in a way that suggests sponsorship or approval, even unintentionally, can be trademark misuse and misleading advertising.

Safer approach

Make clear when you have no relationship with a brand. Use disclaimers like 'not affiliated with' where there's any chance of confusion.

Republication

Linking or quote-tweeting defamatory content

The mistake

In several jurisdictions, repeating or amplifying a defamatory statement by sharing, reposting, or quote-tweeting it counts as a fresh publication, you adopt the risk.

Safer approach

If the original is defamatory, add your own framing and verification rather than simply amplifying. Sharing is publishing.

Privacy

Naming a private individual without consent

The mistake

Private people have stronger privacy protections than public figures. Naming a colleague, customer, or bystander in a post, even a positive one, can breach privacy or data-protection law.

Safer approach

Get consent before naming or showing private individuals. If consent isn't possible, anonymise or omit the identifying details.

Confidentiality

Posting about your employer or clients

The mistake

Venting about a workplace, a client, or a project can breach confidentiality clauses, NDAs, or non-disparagement agreements, even if every word is true.

Safer approach

Check your employment contract and any NDAs first. Describe situations in general terms, and never disclose confidential information or client identities.

Advertising

Undisclosed sponsorships and affiliate links

The mistake

Failing to clearly disclose paid promotions, gifted products, or affiliate links misleads consumers and breaches advertising standards and consumer-protection law.

Safer approach

Use clear labels like #ad, 'Paid partnership', or 'Affiliate link' at the start of the post, and disclose before any user has to expand the caption.

Court matters

Commenting on ongoing legal matters

The mistake

Discussing an active court case, naming parties under suppression, or speculating about a verdict can amount to contempt of court or sub judice breach.

Safer approach

Before posting about a legal matter, check whether it's still before the courts and whether any names are suppressed. Report facts, speculate elsewhere.

Helpful articles

Plain-English explainers that go deeper on each area of risk, plus our white paper on pre-publication screening.

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