opinion

How Employee’s Social Media Use Can Harm Adult Companies

In a recent communiqué, adult industry attorney Dan Pepper of Pepper Law Group, (www.informationlaw.com), discussed several of the most important ways in which companies can be harmed by their employee’s use of social media.

Fundamental to understanding the threat is realizing that social media posts can often include commentary about a person’s employer, and its products or services — and even when these posts are not negative in nature, they can still cause problems for employers.

Finding out later that an employee or independent contractor owns a Twitter handle and associated posts can be a painful lesson for a company. —Attorney Dan Pepper

“For example,” Pepper states, “you should make sure employees know it’s improper to post prematurely — on personal or work websites — about product launches or other sensitive information.”

While the untimely release of trade secrets can be combated by educating employees about proper safeguards for handling confidential information, even an overly kind word can be problematic, if it is seen as an undisclosed commercial endorsement.

“Employees who puff or exaggerate a company’s products or services — or even provide a completely honest review — without disclosing their employment relationship, run the risk of subjecting the company to administrative action by the FTC,” Pepper says, explaining that many companies face various forms of liability due to employee posts, including the potential for claims of deceptive trade practices and false advertising due to posts by employees or paid third parties (affiliates) in social media, and on review sites.

Pepper also warns employers to use caution when examining the social media profiles of potential employees, to avoid claims of discriminatory hiring practices.

“Limiting the amount of personal information gathered via social media and restricting who gathers it are two ways to reduce the risk of such claims,” Pepper states. “Other best practices include maintaining consistent practices for all candidates and ensuring that the person who makes the ultimate decision does not access protected or inappropriate information.”

As a strategy for helping to mitigate several other negative effects of social media, Pepper recommends defensive brand-name user registrations on social media sites.

“This is one of the best ways to prevent trademark infringement; it bars user-name squatters and other infringers from controlling the user names and perhaps damaging the company or brand,” Pepper stated, adding that “Proactive registration is much less expensive than attempting to recover the user name later.”

As for what else can be done, Pepper cautions employers that the National Labor Relations Board has determined that certain posts by employees may be protected speech, which if resulting in termination, could be grounds for a lawsuit, and says that it is vital for companies to include social media policies in its employee handbooks.

“A well-drafted social media policy … should address ownership of social media accounts, user names, posts, and other content,” Pepper concludes. “Finding out later that an employee or independent contractor owns a Twitter handle and associated posts can be a painful lesson for a company.”

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

Segpay Marks 20 Years of High-Risk Triumphs

Payment processors are behind-the-scenes players in the world of ecommerce, yet their role is critical. Ensuring secure, seamless transactions while navigating a rapidly changing regulatory landscape requires both technological expertise and business acumen.

Jackie Backman ·
opinion

The SCREEN Test: How to Prepare for Federal Age Verification

For those who are counting, there are now 20 enacted state laws in the United States requiring age verification for viewing online adult content, plus numerous proposed laws in the works. This ongoing barrage has been exhausting for many in the adult industry — and it may be about to escalate in the form of a potential new AV law, this time at the federal level.

Corey D. Silverstein ·
opinion

How to Master Team Dynamics for Business Success

Having the right team in place is everything. Whether getting a startup off the ground and thriving, or safeguarding an established company, the right — or wrong — people can mean the difference between a successful venture and a failed dream.

Juicy Jay ·
opinion

Eight Steps to Fast-Track AI Site Approval for Processing

Artificial intelligence is a hot topic these days. AI technology is speeding up the way we do business across all industries and offers numerous benefits, from automating processes to increasing efficiency and scalability.

Cathy Beardsley ·
opinion

How to Secure High-Risk Transactions With Network Tokenization

Ensuring the security of data as it moves through digital channels is the foundation of safe transactions, and crucial for your success. If your business can’t secure transactions, you’re exposed to myriad processing traumas.

Jonathan Corona ·
profile

WIA Profile: Reba Rocket

As chief operating officer and chief marketing officer of Takedown Piracy, long at the forefront of intellectual property protection in adult entertainment, Rocket is dedicated to safeguarding the livelihoods of content creators and producers while fostering a more ethical and sustainable industry.

Women In Adult ·
opinion

Protecting Content Ownership Rights When Using AI

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game changer, enabling creators to produce high-quality content quickly and efficiently.

Corey D. Silverstein ·
opinion

How Payment Orchestration Can Help Your Business

An emerging payment solution is making waves in the merchant world: the payment orchestration platform (POP). It’s quickly gaining traction as a powerful tool for managing online payments — but questions abound.

Cathy Beardsley ·
opinion

Fine-Tuning Refund and Cancellation Policies

For adult websites, managing refunds and cancellations isn’t just about customer service. It’s a crucial factor in maintaining compliance with the regulations of payment processors and payment networks such as Visa and Mastercard.

Jonathan Corona ·
profile

WIA Profile: Laurel Bencomo

Born in Cambridge, England but raised in Spain, Laurel Bencomo initially chose to study business at the University of Barcelona simply because it felt familiar — both of her parents are entrepreneurs. She went on to earn a master’s degree in sales and marketing management at the EADA Business School, while working in events for a group of restaurants in Barcelona.

Women In Adult ·
Show More