Regulations and new media platforms

Solicitors should note that advertisements within the meaning of the Solicitors (Advertising) Regulations 2002 also include social media and other online advertising platforms.

Although the Solicitors (Advertising) Regulations 2002 (‘the regulations’) make no explicit reference to social media, the definition of advertisement is inclusive of both social media and all other online advertising platforms:

“‘advertisement’ means any communication (whether oral or in written or other visual form and whether produced by electronic or other means) which is intended to publicise or otherwise promote a solicitor in relation to the solicitor’s practice.”

Such a definition therefore encompasses all forms of new online media, e.g. Facebook, Twitter and Instagram, and, as such, the same care needs to be taken to comply with the regulations when publishing advertisements to any and all online platforms.

Enforcing the Regulations

The Law Society enforces the regulations through the Advertising Regulations Division of the Regulation of Practice Committee. The regulations are interpreted and applied by the Society in such a way that, while not imposing a ban on advertising, they are robust and clearly delineated, thereby upholding the three-pronged purpose of the regulations:

• To preserve the reputation of the profession.
• To protect the public interest.
• To ensure that a level playing field is maintained across the profession.

In due course, section 218 of the Legal Services Regulation Act 2015 will remove the involvement of the Society in regulating advertising. As Section 218 has yet to be given a commencement date, the Society’s regulations represent current law and as such continue to be enforced rigorously by the Society.

Vetting service for ads

If a solicitor is unsure whether an advertisement is compliant with the regulations, it can be submitted for review to the Society’s vetting service in advance of publication.

• Find out about the advertisement vetting service

If you have a query, contact Eamonn Maguire, Law Society Advertising Regulation Executive, on 01 672 4800 or e.maguire@lawsociety.ie.

eNewsletters

This article originally appeared in the September 2018 Law Society eZine. For more information, and to subscribe, see enewsletters.