What does Social media mean? In legal practice, social media describes internet-based services that allow users to create, publish, share and interact with content and with each other, often in real time and at scale (for example, social networks, microblogs, forums, blogs, messaging services with group/public features, and video-sharing platforms), as opposed to one-way broadcast media. The term is descriptive rather than a defined statutory term. Regulation is framed through related concepts, including in the UK the Online Safety Act 2023 (covering user-to-user and search services) and the video-sharing platform regime under the Communications Act 2003 (as amended), and in Ireland the Online Safety and Media...
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This Practice Note is principally for brands looking to work with influencers on social marketing campaigns and Advertising in Portugal. It offers a high-level outline of the main Portuguese considerations, including points to address when negotiating an influencer contract. It is meant to summarise the Portuguese issues and the matters to weigh up when negotiating influencer arrangements. Over the past ten years, there has been a steady, unmistakable move away from traditional channels—TV, outdoor and print—towards digital outlets, especially Social media. Social networks serve as the arena for such content and the sway over purchasing behaviour. Influencers create digital materials, often via social networks, and can shape consumer behaviour, which makes them particularly appealing to brands. In Portugal, there are no bespoke legal provisions that apply solely to influencers. The Portuguese consumer regulator (Direcção-Geral do Consumidor) examined the rise of influencers, and in particular the dynamics between brands and influencers, and concluded in 2019 that no legislative reform was required. The consumer watchdog considers that existing advertising rules and the regime on unfair commercial practices adequately cover the legal questions arising when brands use influencers to promote their products. Nonetheless, given the considerable effect that the content produced...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...