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

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

Permitted Advertising Signs in South Carolina

According to SCCL 57-25-430, outdoor advertising signs are permitted in South Carolina subject to certain conditions. The following types of signs are allowed:

1. Official signs and notices erected and maintained by the State or local governmental authorities pursuant to laws or ordinances for the purpose of carrying out an official duty or responsibility, and historical markers authorized by law and erected by State or local governmental authorities or nonprofit historical societies.
2. Public utility warning and informational signs, notices and markers which are customarily erected and maintained by publicly or privately owned utilities as essential to their operations.
3. Signs and notices of service clubs and religious organizations relating to meetings of nonprofit service clubs or charitable organizations or associations, or religious services; provided, that such signs do not exceed eight square feet in area.
4. Directional signs containing directional information about public places owned and operated by Federal, State or local governments, public or privately owned natural phenomena, historical, cultural, educational and religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the public interest.
5. Signs, displays and devices advertising the sale or lease of property upon which they are located.
6. On premises signs, displays and devices advertising activities conducted on the property upon which they are located.
7. Signs, displays and devices located in areas which are zoned industrial or commercial under authority of State law.
8. Signs, displays and devices located in unzoned commercial or industrial areas.

Social Media Advertising

Social media advertising is not specifically mentioned in the South Carolina Code of Laws. However, it is likely that social media advertising would fall under the category of “on premises signs, displays and devices advertising activities conducted on the property upon which they are located” ^[2.5].

To ensure compliance with South Carolina advertising laws, businesses should ensure that their social media advertising does not violate any of the conditions listed in SCCL 57-25-430. For example, social media advertising should not imitate or resemble any official traffic sign, signal or device, and should not obstruct or interfere with the driver’s view of approaching, merging or intersecting traffic ^[2.5].

Additionally, businesses should ensure that their social media advertising does not violate any other advertising laws in South Carolina, such as SCCL 39-15-910, which prohibits household goods carriers in intrastate commerce from using any name in the advertising, soliciting or handling of intrastate business other than the name or trade name in which their operating authority is issued from the Public Service Commission ^[1.1].

Conclusion

In conclusion, businesses can use social media to promote their business in South Carolina as long as their advertising complies with the conditions listed in SCCL 57-25-430 and does not violate any other advertising laws in South Carolina.

Source(s):

• [1.1] Use of name or trade name in advertising.
• [2.5] Permitted outdoor advertising signs.

Jurisdiction

South Carolina

• General