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

Here are the requirements for using social media to promote your business without violating advertising laws in Mississippi:

Advertising Regulations

According to MSCO 49-23-7, the State Highway Commission is authorized to promulgate regulations governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections (a), (d) and (e) of Section 49-23-5, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in Section 49-23-1, and consistent with the national standards promulgated by the secretary of commerce pursuant to Title 23, United States Code. This means that advertising regulations are in place to ensure the safety and welfare of the traveling public.

Permit and Fees

According to MSCO 49-23-11, no sign, other than signs described in paragraphs (1) (b), (c) and (f) of Section 49-23-5, may be erected without first obtaining a permit from the department. The application for a permit shall be on a form provided by the department and shall contain such information as the department may reasonably require. Upon receipt of an application containing all required information in due form and appropriately executed, and upon payment of the required permit fee, the department shall within ten (10) days thereof issue a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of Sections 49-23-1 through 49-23-29.

Exemptions

Small business signs are exempt from the payment of any fees under the provisions of subsection (2) or (3) of MSCO 49-23-11. A sign is a small business sign if: (i) The sign advertises a service or product offered by a business; (ii) The sign is not located on the premises of the business that offers the product or service; (iii) The sign does not exceed thirty-two (32) square feet; (iv) The sign is owned, not leased, by the owner of the business that offers the product or service; (v) The only information that appears on the sign consists of the product or service that is offered by the business and the name and location of the business; and (vi) The business that offers the product or service is located at a single site, is operated by the owner and employs no more than two (2) individuals, excluding family members.

Municipalities

Nothing contained in MSCO 49-23-11 shall be construed to limit in any way the authority of any municipality in which the sign is to be erected, to require a permit from the municipality to be obtained, and the payment of a reasonable permit fee in addition to the fee imposed under this section. However, the governing authorities of any municipality or the board of supervisors of any county may not annually, regularly or intermittently impose any fee or privilege license on any business for its sign or signs that are lawfully located on the business’ property and that are lawfully used for the purpose of advertising such business, its products or services.

Conclusion

Based on the above information, you can use social media to promote your business without violating advertising laws in Mississippi. However, you should also check with your local municipality to see if they have any additional requirements or fees.

Jurisdiction

Mississippi

• General