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

Social Media Advertising in Hawaii

Businesses can use social media to promote their business in Hawaii as long as they comply with all advertising and marketing laws or rules adopted by the commissioner that are applicable to life insurers or to brokers and providers licensed pursuant to HIRS 431C-21, and do not engage in deceptive business practices under HIRS 708-870 [1.1].

False Advertising

Businesses must ensure that their social media advertising is accurate, truthful, and not misleading in fact or by implication [1.1]. False advertising is prohibited in Hawaii under HIRS 708-871, which makes it a misdemeanor offense to knowingly or recklessly make or cause to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons [2.1].

Regulation by Counties

Counties in Hawaii may adopt ordinances regulating billboards and outdoor advertising devices not prohibited by sections 445-111 to 445-121 [3.3]. It is unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamppost, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the State, except as may be required by the ordinances of the county where it is posted, or by the laws of this State or of the United States [3.4].

In summary, businesses can use social media to promote their business in Hawaii as long as they comply with all advertising and marketing laws or rules adopted by the commissioner that are applicable to life insurers or to brokers and providers licensed pursuant to HIRS 431C-21, and do not engage in deceptive business practices under HIRS 708-870. Counties in Hawaii may regulate billboards and outdoor advertising devices, and it is unlawful to post any kind of notice on public property except as required by county ordinances or state and federal laws.

Source(s):
Jurisdiction

Hawaii