Social Media Abuse on Business
April 2024 Edition
Social media platforms can be valuable tools for enhancing brand visibility, engaging with customers, and driving growth in the contemporary business landscape. However, it is important to note that misuse of social media can have significant legal implications for companies. Businesses must navigate a complex legal landscape in the digital realm, which includes issues such as defamation, harassment, intellectual property infringement, and cybersecurity breaches.
Defamation is a major legal concern for businesses dealing with social media abuse in Australia. According to Australian law, defamation occurs when a statement is published that harms the reputation of an individual or entity, leading to financial or personal damage. Defamatory content can spread rapidly on social media platforms, causing irreparable harm to a business's reputation. In response, businesses may take legal action for defamation under the Defamation Act 2005 (Cth) or equivalent state legislation, seeking damages and injunctive relief to mitigate the harm caused.
Additionally, businesses must address the legal implications of cyberbullying and harassment carried out through social media channels. Cyberbullying is the use of electronic communication to intimidate, threaten, or harass individuals, including employees, customers, and stakeholders of businesses. In Australia, cyberbullying is regulated by various laws, including the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 (Cth) and state-based legislation. Businesses may seek legal remedies, such as apprehended violence orders (AVOs), injunctions, or civil litigation, to protect individuals from cyberbullying and hold perpetrators accountable for their actions.
Intellectual property infringement is also significant legal challenge for businesses dealing with social media abuse. Unauthorised use or misappropriation of trademarks, copyrighted material, or trade secrets on social media platforms can jeopardise a business's intellectual property rights and competitive advantage. To address instances of infringement, businesses can seek legal recourse under the Australian Consumer Law (ACL), the Copyright Act 1968 (Cth), or the Trade Marks Act 1995 (Cth). Legal remedies may include injunctions, damages, and the removal of infringing content.
Moreover, cybersecurity threats on social media platforms pose significant legal and regulatory risks for Australian businesses. Social media channels can be exploited by cybercriminals to initiate phishing attacks, distribute malware, or commit identity theft, thereby compromising the security and privacy of businesses and their customers. To mitigate cybersecurity risks, businesses must comply with data protection regulations such as the Privacy Act 1988 (Cth) and the Notifiable Data Breaches (NDB) scheme. Furthermore, it is recommended that businesses implement strong cybersecurity measures, regularly conduct risk assessments, and collaborate with law enforcement agencies to effectively address cyber threats.
One notable case of social media abuse in the Australian corporate sphere over the past decade involved Telstra, the country's largest telecommunications company, during a nationwide network outage in 2016. The outage, which disrupted mobile and broadband services for millions of customers, sparked a torrent of complaints and frustration on social media platforms, where users voiced their discontent with Telstra's handling of the situation. Customers took to Twitter, Facebook, and other online forums to express their anger, with many sharing stories of being unable to make calls, access the internet, or conduct business transactions due to the outage. Telstra found itself inundated with negative comments, memes, and viral posts criticising its response to the crisis, prompting the company to scramble to contain the fallout and restore its reputation.
The incident served as a stark reminder of the power of social media to amplify consumer discontent and the importance of swift, transparent communication in managing crises effectively. In the aftermath of the outage, Telstra implemented measures to improve network reliability and customer service, but the unfortunate episode left a lasting impact on the company's reputation and underscored the need for businesses to prioritise customer satisfaction and resilience in the face of social media.
In conclusion, as the digital landscape evolves, Australian businesses must stay vigilant against legal issues stemming from social media misuse. Consulting CJM Lawyers, professionals in corporate law and commercial litigation, is crucial. Our team offers tailored advice, legal representation, and strategic direction to address risks effectively, including defamation and cybersecurity threats. Prioritising legal protection ensures businesses safeguard their reputation and assets. Contact us today for trusted support in navigating social media challenges.
Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.
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Our Latest Story
By Jeffrey Lucas
•
21 October 2025
If you hold (or want) a pilot licence, a drink driving charge isn’t just a traffic matter, it can put your medical and flying privileges under the microscope. The smart move is to get advice early, before making any aviation disclosures. Why this matters (even if it happened on the road) Aviation is conservative for good reason. Any alcohol related offence can raise questions about fitness to fly, which may lead to: Medical scrutiny (extra checks, temporary conditions). Short-term flying restrictions while assessments occur. Career and insurance impacts, particularly in commercial roles . We’re not saying your flying days are over, just that it’s both a legal and aeromedical issue from day one. Three costly myths: “It’s only a driving issue.” For pilots, it becomes an aviation issue quickly. “No conviction recorded = no problem.” Outcomes short of conviction can still trigger medical reviews and suspensions . “If I don’t report it, it goes away.” Missing a reporting obligation can be worse than the incident itself. If this happens, keep it simple and strategic: Call us first. We’ll help you meet your reporting obligations on time, in the correct form, and with clear, relevant facts. Coordinate with a Designated Aviation Medical Examiner (DAME) for a practical medical plan. Document sensibly (any counselling, test results, timelines) to support a return to flying pathway. Expect a pause, not necessarily a full stop. Many pilots return with structured steps and credible evidence. How we help: Clear pathway back: Legal, medical and practical steps aligned. Risk management: What to report, when, and how. Career protection: Engage with regulators, employers and insurers the right way. A realistic outlook Plenty of pilots resume flying. Success usually comes down to early advice, credible records, and compliance. Safety is the regulator’s north star; our job is to present your case clearly and keep momentum. Need guidance? CJM Lawyers advises pilots and operators on aeromedical and regulatory issues arising from drink driving charges. Speak to our Aviation Law team promptly so you meet any reporting obligations on time and in the correct form. General information only. This is not legal advice. Your circumstances will determine your obligations and options.
10 October 2025
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8 September 2025
Why is IP Protection Crucial for Your Business? In today's fast-paced, innovation-driven economy, what truly differentiates a business isn't always tangible. It's often the unique ideas, the recognisable brand, the innovative processes, and the creative works – collectively known as intellectual property (IP). For businesses of all sizes, from agile startups to established enterprises, protecting these intangible assets isn't just a legal formality; it's a strategy for long-term success and growth. In Australia, like anywhere else, a failure to proactively protect your IP can expose your business to significant risks, undermining your competitive edge and stifling your potential for expansion. Safeguarding Your Competitive Advantage Imagine dedicating countless hours and significant resources to developing a groundbreaking product or a distinctive brand identity. Without proper IP protection, a competitor could legally replicate your innovation or imitate your branding, directly siphoning off your market share. This isn't just about preventing direct copying; it's about building a legal "moat" around what makes your business unique. Trademarks protect your brand name, logo, slogan, and even unique packaging, ensuring that customers can distinguish your goods and services from those of competitors. A strong, protected trademark builds brand loyalty and trust. Trade Secrets cover confidential business information that provides a competitive advantage, such as proprietary formulas, customer lists, or manufacturing processes. Maintaining their secrecy through robust internal controls and agreements is key to their protection. By securing these rights, you gain the legal standing to deter infringement and take action against those who try to unfairly capitalise on your hard work. Attracting Investment and Enhancing Business Value For startups seeking funding or established companies looking for expansion capital, a strong IP portfolio is a powerful magnet for investors. Venture capitalists and lenders increasingly view IP as a critical asset, reflecting a company's innovation, market potential, and reduced risk profile. A robust IP strategy signals that your business is not only innovative but also strategically sound and legally protected. IP assets can significantly enhance your business's overall valuation. Imagine a tech company with a suite of patents covering its core technology, or a consumer brand with globally recognised trademarks; these assets add substantial value beyond physical property. In a similar vein, your trademarks can significantly enhance the value of your business. Generating Revenue Streams IP is not merely a defensive tool; it's an offensive weapon for revenue generation. Once your IP is protected, you can monetise it in various ways: Licensing: Granting others the right to use your patented technology, copyrighted material, or trademarked brand in exchange for royalties or fees. This can open new income streams without requiring expense from your side. Franchising: For businesses with strong brands and proven business models, IP protection is fundamental to successful franchising, allowing you to expand your footprint while maintaining control over your brand identity and operational standards. Sale of IP: Your intellectual property can be sold outright, providing a significant capital injection. Conclusion In the dynamic business landscape of today, intellectual property is no longer a niche legal concern but a core business asset. Prioritising its protection is fundamental to securing your competitive advantage, attracting crucial investment, opening new revenue avenues, and fostering an environment of innovation. By understanding and proactively managing your IP, your business can build a resilient foundation for sustainable growth and long-term success.
Our Latest Story
By Jeffrey Lucas
•
21 October 2025
If you hold (or want) a pilot licence, a drink driving charge isn’t just a traffic matter, it can put your medical and flying privileges under the microscope. The smart move is to get advice early, before making any aviation disclosures. Why this matters (even if it happened on the road) Aviation is conservative for good reason. Any alcohol related offence can raise questions about fitness to fly, which may lead to: Medical scrutiny (extra checks, temporary conditions). Short-term flying restrictions while assessments occur. Career and insurance impacts, particularly in commercial roles . We’re not saying your flying days are over, just that it’s both a legal and aeromedical issue from day one. Three costly myths: “It’s only a driving issue.” For pilots, it becomes an aviation issue quickly. “No conviction recorded = no problem.” Outcomes short of conviction can still trigger medical reviews and suspensions . “If I don’t report it, it goes away.” Missing a reporting obligation can be worse than the incident itself. If this happens, keep it simple and strategic: Call us first. We’ll help you meet your reporting obligations on time, in the correct form, and with clear, relevant facts. Coordinate with a Designated Aviation Medical Examiner (DAME) for a practical medical plan. Document sensibly (any counselling, test results, timelines) to support a return to flying pathway. Expect a pause, not necessarily a full stop. Many pilots return with structured steps and credible evidence. How we help: Clear pathway back: Legal, medical and practical steps aligned. Risk management: What to report, when, and how. Career protection: Engage with regulators, employers and insurers the right way. A realistic outlook Plenty of pilots resume flying. Success usually comes down to early advice, credible records, and compliance. Safety is the regulator’s north star; our job is to present your case clearly and keep momentum. Need guidance? CJM Lawyers advises pilots and operators on aeromedical and regulatory issues arising from drink driving charges. Speak to our Aviation Law team promptly so you meet any reporting obligations on time and in the correct form. General information only. This is not legal advice. Your circumstances will determine your obligations and options.
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Testamentary Trusts are powerful estate planning tools that deliver substantial tax savings and robust asset protection for your beneficiaries. This guide explores the key advantages of incorporating a Testamentary Trust into your estate plan and demonstrates how this strategy can preserve and grow your family's wealth for generations to come. A will is a legal document that allows you to control what happens to your assets after you pass away. As the testator (the person making the will), you can specify how your estate should be distributed among your chosen beneficiaries. Beyond asset distribution, your will also names the executor—the person or people you trust to carry out your wishes and handle the administration of your estate. What is a Testamentary Trust? A Testamentary Trust is a sophisticated estate planning tool that operates through your will. Unlike a standard will that distributes assets directly to beneficiaries, a Testamentary Trust holds some or all of your assets in a trust structure after your death. This structure provides ongoing protection and management of your wealth for the people you care about most, your beneficiaries. How does a Testamentary Trust Work? When you pass away, the Testamentary Trust automatically comes into effect as outlined in your will. Rather than receiving assets outright, your beneficiaries become entitled to distributions from the trust. The trustee you've appointed in your will takes on the responsibility of managing the trust assets and making distributions according to your instructions and the beneficiaries' needs. Significant Tax Advantages One of the most compelling reasons to consider a Testamentary Trust is the substantial tax savings it can deliver for your beneficiaries. These benefits are particularly valuable when your beneficiaries either earn high incomes or include children under 18 years of age. How the Tax Benefits Work Under Section 102AG of the Income Tax Assessment Act 1936, income distributed from a Testamentary Trust qualifies as "excepted income." This special classification allows your beneficiaries to access the tax-free threshold on trust distributions—a significant advantage not available with standard discretionary trusts, where distributions to minors above $641 are typically taxed at penalty rates equivalent to the top marginal tax rate. Key Benefits of Testamentary Trusts Asset Protection - Trust assets are generally protected from beneficiaries' creditors, relationship breakdowns, and poor financial decisions. Flexibility - Trustees can adapt distributions based on beneficiaries' changing circumstances, such as education needs, health issues, or life stages. Tax Efficiency - Testamentary Trusts can provide significant tax advantages, including income splitting opportunities and concessional tax rates for minor beneficiaries. Control from Beyond - You maintain control over how and when your assets benefit your loved ones, even after your death. Is a Testamentary Trust Right for You? Testamentary Trusts are particularly valuable for families with: Young children or grandchildren Beneficiaries with disabilities Complex family structures Significant assets requiring ongoing management Concerns about beneficiaries' financial responsibility Who Benefits Most from These Tax Advantages? High-Income Beneficiaries - Trust distributions can be allocated to lower-income family members, reducing the overall tax burden. Families with Minor Children - Children can receive distributions using their full tax-free threshold, rather than facing penalty tax rates. Multi-Generational Wealth Transfer - Income can be distributed strategically across family members to optimise tax outcomes year after year. Long-Term Financial Impact - These tax savings compound over time, potentially saving your family tens of thousands of dollars annually while preserving more of your wealth for future generations. For personalised advice on whether a Testamentary Trust suits your circumstances and to explore the specific tax benefits for your family, speak with our experienced estate planning team.
By Kale Venz and Luis Gonzalez
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8 September 2025
Why is IP Protection Crucial for Your Business? In today's fast-paced, innovation-driven economy, what truly differentiates a business isn't always tangible. It's often the unique ideas, the recognisable brand, the innovative processes, and the creative works – collectively known as intellectual property (IP). For businesses of all sizes, from agile startups to established enterprises, protecting these intangible assets isn't just a legal formality; it's a strategy for long-term success and growth. In Australia, like anywhere else, a failure to proactively protect your IP can expose your business to significant risks, undermining your competitive edge and stifling your potential for expansion. Safeguarding Your Competitive Advantage Imagine dedicating countless hours and significant resources to developing a groundbreaking product or a distinctive brand identity. Without proper IP protection, a competitor could legally replicate your innovation or imitate your branding, directly siphoning off your market share. This isn't just about preventing direct copying; it's about building a legal "moat" around what makes your business unique. Trademarks protect your brand name, logo, slogan, and even unique packaging, ensuring that customers can distinguish your goods and services from those of competitors. A strong, protected trademark builds brand loyalty and trust. Trade Secrets cover confidential business information that provides a competitive advantage, such as proprietary formulas, customer lists, or manufacturing processes. Maintaining their secrecy through robust internal controls and agreements is key to their protection. By securing these rights, you gain the legal standing to deter infringement and take action against those who try to unfairly capitalise on your hard work. Attracting Investment and Enhancing Business Value For startups seeking funding or established companies looking for expansion capital, a strong IP portfolio is a powerful magnet for investors. Venture capitalists and lenders increasingly view IP as a critical asset, reflecting a company's innovation, market potential, and reduced risk profile. A robust IP strategy signals that your business is not only innovative but also strategically sound and legally protected. IP assets can significantly enhance your business's overall valuation. Imagine a tech company with a suite of patents covering its core technology, or a consumer brand with globally recognised trademarks; these assets add substantial value beyond physical property. In a similar vein, your trademarks can significantly enhance the value of your business. Generating Revenue Streams IP is not merely a defensive tool; it's an offensive weapon for revenue generation. Once your IP is protected, you can monetise it in various ways: Licensing: Granting others the right to use your patented technology, copyrighted material, or trademarked brand in exchange for royalties or fees. This can open new income streams without requiring expense from your side. Franchising: For businesses with strong brands and proven business models, IP protection is fundamental to successful franchising, allowing you to expand your footprint while maintaining control over your brand identity and operational standards. Sale of IP: Your intellectual property can be sold outright, providing a significant capital injection. Conclusion In the dynamic business landscape of today, intellectual property is no longer a niche legal concern but a core business asset. Prioritising its protection is fundamental to securing your competitive advantage, attracting crucial investment, opening new revenue avenues, and fostering an environment of innovation. By understanding and proactively managing your IP, your business can build a resilient foundation for sustainable growth and long-term success.
Our Latest Story
By Jeffrey Lucas
•
21 October 2025
If you hold (or want) a pilot licence, a drink driving charge isn’t just a traffic matter, it can put your medical and flying privileges under the microscope. The smart move is to get advice early, before making any aviation disclosures. Why this matters (even if it happened on the road) Aviation is conservative for good reason. Any alcohol related offence can raise questions about fitness to fly, which may lead to: Medical scrutiny (extra checks, temporary conditions). Short-term flying restrictions while assessments occur. Career and insurance impacts, particularly in commercial roles . We’re not saying your flying days are over, just that it’s both a legal and aeromedical issue from day one. Three costly myths: “It’s only a driving issue.” For pilots, it becomes an aviation issue quickly. “No conviction recorded = no problem.” Outcomes short of conviction can still trigger medical reviews and suspensions . “If I don’t report it, it goes away.” Missing a reporting obligation can be worse than the incident itself. If this happens, keep it simple and strategic: Call us first. We’ll help you meet your reporting obligations on time, in the correct form, and with clear, relevant facts. Coordinate with a Designated Aviation Medical Examiner (DAME) for a practical medical plan. Document sensibly (any counselling, test results, timelines) to support a return to flying pathway. Expect a pause, not necessarily a full stop. Many pilots return with structured steps and credible evidence. How we help: Clear pathway back: Legal, medical and practical steps aligned. Risk management: What to report, when, and how. Career protection: Engage with regulators, employers and insurers the right way. A realistic outlook Plenty of pilots resume flying. Success usually comes down to early advice, credible records, and compliance. Safety is the regulator’s north star; our job is to present your case clearly and keep momentum. Need guidance? CJM Lawyers advises pilots and operators on aeromedical and regulatory issues arising from drink driving charges. Speak to our Aviation Law team promptly so you meet any reporting obligations on time and in the correct form. General information only. This is not legal advice. Your circumstances will determine your obligations and options.
10 October 2025
Testamentary Trusts are powerful estate planning tools that deliver substantial tax savings and robust asset protection for your beneficiaries. This guide explores the key advantages of incorporating a Testamentary Trust into your estate plan and demonstrates how this strategy can preserve and grow your family's wealth for generations to come. A will is a legal document that allows you to control what happens to your assets after you pass away. As the testator (the person making the will), you can specify how your estate should be distributed among your chosen beneficiaries. Beyond asset distribution, your will also names the executor—the person or people you trust to carry out your wishes and handle the administration of your estate. What is a Testamentary Trust? A Testamentary Trust is a sophisticated estate planning tool that operates through your will. Unlike a standard will that distributes assets directly to beneficiaries, a Testamentary Trust holds some or all of your assets in a trust structure after your death. This structure provides ongoing protection and management of your wealth for the people you care about most, your beneficiaries. How does a Testamentary Trust Work? When you pass away, the Testamentary Trust automatically comes into effect as outlined in your will. Rather than receiving assets outright, your beneficiaries become entitled to distributions from the trust. The trustee you've appointed in your will takes on the responsibility of managing the trust assets and making distributions according to your instructions and the beneficiaries' needs. Significant Tax Advantages One of the most compelling reasons to consider a Testamentary Trust is the substantial tax savings it can deliver for your beneficiaries. These benefits are particularly valuable when your beneficiaries either earn high incomes or include children under 18 years of age. How the Tax Benefits Work Under Section 102AG of the Income Tax Assessment Act 1936, income distributed from a Testamentary Trust qualifies as "excepted income." This special classification allows your beneficiaries to access the tax-free threshold on trust distributions—a significant advantage not available with standard discretionary trusts, where distributions to minors above $641 are typically taxed at penalty rates equivalent to the top marginal tax rate. Key Benefits of Testamentary Trusts Asset Protection - Trust assets are generally protected from beneficiaries' creditors, relationship breakdowns, and poor financial decisions. Flexibility - Trustees can adapt distributions based on beneficiaries' changing circumstances, such as education needs, health issues, or life stages. Tax Efficiency - Testamentary Trusts can provide significant tax advantages, including income splitting opportunities and concessional tax rates for minor beneficiaries. Control from Beyond - You maintain control over how and when your assets benefit your loved ones, even after your death. Is a Testamentary Trust Right for You? Testamentary Trusts are particularly valuable for families with: Young children or grandchildren Beneficiaries with disabilities Complex family structures Significant assets requiring ongoing management Concerns about beneficiaries' financial responsibility Who Benefits Most from These Tax Advantages? High-Income Beneficiaries - Trust distributions can be allocated to lower-income family members, reducing the overall tax burden. Families with Minor Children - Children can receive distributions using their full tax-free threshold, rather than facing penalty tax rates. Multi-Generational Wealth Transfer - Income can be distributed strategically across family members to optimise tax outcomes year after year. Long-Term Financial Impact - These tax savings compound over time, potentially saving your family tens of thousands of dollars annually while preserving more of your wealth for future generations. For personalised advice on whether a Testamentary Trust suits your circumstances and to explore the specific tax benefits for your family, speak with our experienced estate planning team.
By Kale Venz and Luis Gonzalez
•
8 September 2025
Why is IP Protection Crucial for Your Business? In today's fast-paced, innovation-driven economy, what truly differentiates a business isn't always tangible. It's often the unique ideas, the recognisable brand, the innovative processes, and the creative works – collectively known as intellectual property (IP). For businesses of all sizes, from agile startups to established enterprises, protecting these intangible assets isn't just a legal formality; it's a strategy for long-term success and growth. In Australia, like anywhere else, a failure to proactively protect your IP can expose your business to significant risks, undermining your competitive edge and stifling your potential for expansion. Safeguarding Your Competitive Advantage Imagine dedicating countless hours and significant resources to developing a groundbreaking product or a distinctive brand identity. Without proper IP protection, a competitor could legally replicate your innovation or imitate your branding, directly siphoning off your market share. This isn't just about preventing direct copying; it's about building a legal "moat" around what makes your business unique. Trademarks protect your brand name, logo, slogan, and even unique packaging, ensuring that customers can distinguish your goods and services from those of competitors. A strong, protected trademark builds brand loyalty and trust. Trade Secrets cover confidential business information that provides a competitive advantage, such as proprietary formulas, customer lists, or manufacturing processes. Maintaining their secrecy through robust internal controls and agreements is key to their protection. By securing these rights, you gain the legal standing to deter infringement and take action against those who try to unfairly capitalise on your hard work. Attracting Investment and Enhancing Business Value For startups seeking funding or established companies looking for expansion capital, a strong IP portfolio is a powerful magnet for investors. Venture capitalists and lenders increasingly view IP as a critical asset, reflecting a company's innovation, market potential, and reduced risk profile. A robust IP strategy signals that your business is not only innovative but also strategically sound and legally protected. IP assets can significantly enhance your business's overall valuation. Imagine a tech company with a suite of patents covering its core technology, or a consumer brand with globally recognised trademarks; these assets add substantial value beyond physical property. In a similar vein, your trademarks can significantly enhance the value of your business. Generating Revenue Streams IP is not merely a defensive tool; it's an offensive weapon for revenue generation. Once your IP is protected, you can monetise it in various ways: Licensing: Granting others the right to use your patented technology, copyrighted material, or trademarked brand in exchange for royalties or fees. This can open new income streams without requiring expense from your side. Franchising: For businesses with strong brands and proven business models, IP protection is fundamental to successful franchising, allowing you to expand your footprint while maintaining control over your brand identity and operational standards. Sale of IP: Your intellectual property can be sold outright, providing a significant capital injection. Conclusion In the dynamic business landscape of today, intellectual property is no longer a niche legal concern but a core business asset. Prioritising its protection is fundamental to securing your competitive advantage, attracting crucial investment, opening new revenue avenues, and fostering an environment of innovation. By understanding and proactively managing your IP, your business can build a resilient foundation for sustainable growth and long-term success.
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