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

Requirements for using social media to promote business in South Dakota

If you plan to use social media to promote your business in South Dakota, you must adhere to the following requirements:

1. Truthful and non-misleading advertising: All advertising must be truthful and not misleading [SDCL 37-24-6]^[1.1].
2. Compliance with copyright laws: You cannot print or distribute copyrighted material from the South Dakota Codified Laws without the express authorization of the Code Commission [SDCL 2-16-8.1]^[1.2].
3. Compliance with outdoor advertising laws: If you plan to advertise outdoors, you must comply with the outdoor advertising laws in South Dakota [SDCL 31-29-61]^[2.5]. For example, you cannot erect or construct any billboard, advertising sign, or unsightly object within three hundred feet of any cemetery without first obtaining the written consent of the proper officers of the municipality, or township, and of the proper officers or persons having charge and control of such cemetery [SDCL 31-29-1]^[2.3].
4. Compliance with zoning laws: If you plan to advertise in a zoned commercial or industrial area adjacent to the primary system or interstate system, you must comply with the zoning laws in South Dakota [SDCL 31-29-71.12]^[2.2][SDCL 31-29-71.8]^[2.6].
5. Compliance with distance requirements: If you plan to advertise adjacent to or within five hundred feet of an interchange, intersection at grade or safety rest area on interstate highways or limited access primary highways outside municipalities, you must comply with the distance requirements [SDCL 31-29-64]^[2.8].
6. Compliance with state laws: All advertising must comply with state laws and regulations [SDCL 37-23-5]^[4.1].

Additionally, if you plan to advertise at a safety rest area or information center, you must comply with the regulations outlined in [SDCL 31-29-59]^[2.1] and [SDCL 31-29-83]^[2.9].

In summary, you can use social media to promote your business in South Dakota as long as you comply with the above requirements and the regulations outlined in [SDCL 31-29-59]^[2.1] and [SDCL 31-29-83]^[2.9].

Source(s):

• [1.1] Advertising for bids for publications.
• [2.1] Maps, directories, and pamphlets at rest areas–Advertising and media display at information centers.
• [2.2] Criteria for outdoor advertising–Zoned commercial adjacent to primary system.
• [1.2] Restriction on printing or distributing copyrighted material in code–Violation as misdemeanor.
• [2.3] Billboards near cemetery–Violation as misdemeanor.
• [2.5] Legislative policy on outdoor advertising along interstate and primary highways.
• [2.6] Criteria for outdoor advertising–Zoned commercial adjacent to interstate system outside municipality.
• [2.8] Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas–Measurement.
• [2.9] Commercial activities in rest areas or information centers prohibited–Exceptions.
• [4.1] Cooperation of state agencies.

Jurisdiction

South Dakota

• General