On May 28, the Consumer Protection from Unfair Trading Regulations 2008 laws will come into force and cause some corporations to reassess their use of social media marketing techniques.

Blogging is a well-worn communications tactic for corporations looking to position themselves as thought leaders in their particular field. However, this has also lead to a number of fake blogs - or flogs - created by PR firms in order to create 'buzz' around a particular product or brand. Recent high profile flogs from Sony and McDonalds would have been illegal had it happened after the May 28.

Above: Sony's PSP 'flog' would have been illegal under the new legislation  

Bloggers Unclear

However, a new survey by global legal services firm, DLA Piper has revealed that 77 per cent of bloggers are still unclear on their legal rights and responsibilities when posting content online. Ninety-five per cent of all Internet users are uncertain where they legally stand when online.

The survey of 2,000 adults was carried out by YouGov and shows that there is a widespread perception that user-generated content (UGC) operates outside of legislation. Nearly three-quarters of bloggers think that they should not be held to the same laws as journalists when publishing content.

When it comes to rules and guidelines for bloggers, the majority (54 per cent) of those questioned do not believe that a voluntary code of conduct should be introduced. For bloggers specifically, only 32 per cent supported introducing a voluntary code.

Only a third of those questioned have read the legal terms and conditions when posting comment on a particular site - seemingly unaware that they could face prosecution.

UGC is not Immune

Duncan Calow, a digital media law specialist from DLA Piper believes that Internet users should be more aware of the legislation rather than posting content with little thought.

"The combination of confusion and complacency about the relationship between the law and UGC puts users at risk as they come under increasing scrutiny online. Blogs and online forums may differ from traditional media in their style and purpose, but their content is still publicly consumed and they have the equivalent potential to cause damage and offence and infringe others' rights. Far from being immune from the law, UGC is in particular danger of falling foul of it," said Calow.

"Many people are aware of the need for care when using the Internet at work - as well as issues surrounding online piracy. It is clear, however, that many internet users would also benefit from, if not welcome, some clearer guidance about posting comment online. There is a big difference between censorship and protection - some have called for a code of conduct to provide guidance for bloggers and other users. That won't change the law and many bloggers may still say they'll "publish and be damned" - but they ought to be damned sure what the law says before they do."

Other findings from the YouGov survey reveal how the number of people commenting online is growing. 54 per cent of respondents have posted content online with 18-24 year-olds particularly active. 84 per cent of that particular age group take part in some form of UGC.

Dos and Don'ts

Brinsley Dresden from solicitors, Lewis Silkin LLP has outlined a number guidelines for those thinking of publishing content online:

DO check out the basic rules of the host site, even if you don't read the whole terms and conditions.

DON'T offend, antagonise or bully other bloggers. Don't make sexist or racist remarks.

DO consider the context in which the blog appears (the site it's on, the topic etc) and use appropriate language.

DON'T ever include obscene or pornographic comments or content - though rarely prosecuted, it is illegal.  'Obscene' means content which would 'tend to deprave and corrupt' those who are likely to read, see or hear it.

DO remember that you may be sued if you defame any individual or company.  To 'defame' someone basically means to say something which is not true and which lowers that person in the estimation of right thinking people. 

DON'T forget, if it would be unlawful to write or say something in the real world - it's likely to be illegal if you write it in a blog. Remember, rules that govern all print and broadcast channels apply to blogs.  

DO be careful when including or referring to content which another person or company owns.

DON'T infringe third party rights (including copyright, trade marks and design rights).  Don't claim that you or anyone else owns the copyright in something if it's not true.