Mitigating the online risk: Kristen Porter on social media, real estate marketing, and managing the legal minefield of the online space

No agent wants to fall foul of the law when it comes to their marketing or online presence. But what’s the best practice considering the rules regularly change? O*NO Legal’s Kristen Porter walks through some of the biggest legal risks of the online space, and how you can avoid them.

Different social media platforms have different guidelines, while consumer and privacy laws mean agencies can swiftly find themselves into hot water for who they market to, the comments on their pages, the terms of any competitions and more.

In this Elevate podcast, O*NO Legal founding director Kristen Porter steps through all the potential legal risks of social media and online marketing, and offers key strategies for how agencies can address them.

From who owns an agent’s social media account to the clauses you should have in place when working with content creators, Kristen taps into a wealth of both legal and marketing knowledge to guide agents through the legal minefield of the online space.

It’s an episode packed full of great advice including insight into the risks of buying marketing lists, how to seek and manage online reviews without falling foul of the law, what to have in place when you host a competition, and even the simple things like the defamation risk associated with third-party comments on your social pages.

No matter the size of your agency or the breadth of your expertise in social media marketing, this podcast has a host of essential takeaways that every agent should be aware of.

And as Kristen explains, it’s a playing field that constantly shifts.

“One of the things that has changed recently, and I don’t think it’s well-known out there, is if data harvesting or data scraping software has been used to create a marketing list, you cannot now use that under the spam laws to direct market to people. I know a lot of people do use that scraping software, or they do buy lists, especially to send out ads. You can’t do that anymore.” Kristen Porter

Samantha McLean and Kristen also discuss:

  • What you should and shouldn’t post on social media and the common legal pitfalls to avoid.
  • Why it’s important to understand you don’t own your social media accounts, and what you can do to protect the following you establish there.
  • How to ensure the competitions you run online don’t breach the law, and what you need to consider when it comes to terms and conditions.
  • What to have in place when you outsource your social media marketing or content creation to contractors, including the single-line clause that can help you avoid a whole world of grief.
  • Why it’s risky to offer incentives for reviews, and how you can avoid an unwelcome visit from the ACCC.
  • What happens with an agent’s social media account when they shift from one agency to another.
  • How to manage comments on your social media accounts to ensure you don’t run the risk of defamation.
  • What to be mindful about when it comes to reviews, including how to handle negative reviews that don’t paint your business in the best light.
  • The legal implications of running paid or sponsored content and why agents who are influencers should be particularly careful.

And much, much more…

Kristen Porter on Elite Agent

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Samantha McLean

Samantha McLean is the Co-Founder and Managing Editor of Elite Agent and Host of the Elevate Podcast.