Enforcement of Intellectual Property Rights on Social Media and Digital Platforms

Introduction In our world today, there is a very thin line between content creation, distribution, and use. Social media platforms have significantly affected the way we interact with intellectual property (IP). Nowadays, anyone with a smartphone and an internet connection can easily become a content creator and market the same. However, as commendable as this technological advancement is, it comes with its own risks – a major one being the infringement of intellectual property rights (IPR). For IPR holders, these digital platforms are both blessings and problems. This is because, on one hand, the platforms offer visibility and a wider reach, which in turn results in monetisation opportunities. On the other hand, they aid the infringement of IP, which traditional legal mechanisms are often unable to address.

The major difficulty in protecting IPRs nowadays is in the area of enforcement. Traditional legal remedies are often too slow and geographically constrained, proving to be ineffective against the realities of this digital age. Whereas digital platforms operate across different jurisdictions, which makes it difficult for the enforcement of IPRs. Moreover, the question of who bears responsibility for monitoring IP infringement remains a subject of many debates. Notwithstanding that many platforms have adopted internal policies to address takedown requests and to mitigate liability, these internal policies are not effective all the time. In cases such as this, the legal framework governing liability of intermediaries and platform responsibility becomes the basis for effective IP protection.

This article explores these dynamics, focusing on the enforcement of IPRs on social media and digital platforms generally.