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Can I use social media to promote my business without violating advertising laws in Florida? What are the requirements?

Requirements for Social Media Advertising in Florida

If you are using social media to promote your business in Florida, you must comply with the state’s advertising laws. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits false, misleading, or deceptive advertising practices [5.1]. Here are some requirements you should keep in mind:

  • Do not misrepresent any material fact or create a false or misleading impression regarding your business or product [5.1].
  • Do not make any predictions of specific or immediate increases in the price or value of your product unless the increases are in fact planned by you [5.1].
  • Do not use asterisks or other reference symbols to contradict or substantially change any previously made statement or to obscure a material fact [5.1].
  • Do not misrepresent the size, nature, extent, qualities, or characteristics of your business or product [5.1].
  • Do not misrepresent the amount or period of time during which your product or service will be available to any purchaser [5.1].

Social Media Platform Requirements

In addition to complying with FDUTPA, social media platforms operating in Florida must comply with the Unlawful acts and practices by social media platforms law [1.1]. This law requires social media platforms to:

  • Publish the standards it uses for determining how to censor, deplatform, and shadow ban [1.1].
  • Apply censorship, deplatforming, and shadow banning standards in a consistent manner among its users on the platform [1.1].
  • Inform each user about any changes to its user rules, terms, and agreements before implementing the changes and may not make changes more than once every 30 days [1.1].
  • Provide a mechanism that allows a user to request the number of other individual platform participants who were provided or shown the user’s content or posts [1.1].
  • Categorize algorithms used for post-prioritization and shadow banning and allow a user to opt out of post-prioritization and shadow banning algorithm categories to allow sequential or chronological posts and content [1.1].
  • Provide users with an annual notice on the use of algorithms for post-prioritization and shadow banning and reoffer annually the opt-out opportunity [1.1].
  • Not apply or use post-prioritization or shadow banning algorithms for content and material posted by or about a user who is known by the social media platform to be a candidate as defined in s. 106.011(3)(e), beginning on the date of qualification and ending on the date of the election or the date the candidate ceases to be a candidate [1.1].
  • Allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days after the user receives the notice required [1.1].
  • Not take any action to censor, deplatform, or shadow ban a journalistic enterprise based on the content of its publication or broadcast [1.1].

Additional Requirements

In addition to the above requirements, there are other advertising laws in Florida that you should be aware of. For example, the Florida Free Gift Advertising Law requires that any advertising that offers a free item must clearly disclose any conditions or obligations necessary to accept the offer [2.1]. Additionally, if you are engaging in the business of outdoor advertising in Florida, you must obtain a license from the Department of Agriculture and Consumer Services [3.1].

Conclusion

To promote your business on social media in Florida, you must comply with FDUTPA’s advertising requirements and the Unlawful acts and practices by social media platforms law. Additionally, you should be aware of other advertising laws in Florida, such as the Florida Free Gift Advertising Law and the licensing requirements for outdoor advertising.

Source(s):
Jurisdiction

Florida