Terms of Use on Station Websites

These days, when nearly every broadcaster has a web page, and the FCC has even mandated that public notice of applications and other filings be posted on station websites, it is important that broadcasters understand they can set the rules for how visitors can use the posted information. This is done by setting the “terms of use” for the website and the posted information. Indeed, it has been recommended that all broadcasters have Terms of Use posted on their webpages. So, here is an explanation of what Terms of Use are, their purpose, and some relevant laws.

What are Terms of Use and Why are they Important

Terms of Use are documents that provide the rules and appropriate uses of your website that visitors to your site must agree to in order to use your website. They are not required by law, but they are necessary if you want to exercise control over the content and use of your website. Terms of Use are generally used in four broad ways.

First, Terms of Use provide control over how visitors can interact with the website. This is particularly important if the station site allows people to post comments or other items. The Terms of Use allow for a clear explanation of what sorts of comments and content are permissible for users to share and warn users of what action the station may take should they violate the Terms of Use by posting non-acceptable content. Thus, if someone is posting abusive, harmful, or otherwise unacceptable content, the station can control whether it stays on its site without fearing repercussions.

Second, Terms of Use allow the station to control who can post. Should anyone violate the Terms of Use, for example by posting harmful, abusive, or inappropriate content, the Terms of Use allow you to censor or limit posting privileges by warning the violator of your right to censor or take other action to limit their access to the site by deactivating their account or log-in, or other action as may be appropriate.

Third, when a station website is interactive, Terms of Use provide the right for the station to use the posts and personal content a user may add to the website. This is particularly important if the station desires to use user content to market, promote, or in some other way. For example, if you host a community event and wish to use the pictures or comments from people to promote the station or a future event, the Terms of Use will clearly warn site visitors that any posts or comments to the website may be utilized as you see fit. This permits use of visitor posted content without fearing a violation of privacy, copyright, or other laws. It also warns any website visitors that if they do not want you to use their post, they should abstain from using your website.

Finally, Terms of Use can help to limit a station’s potential liability for website content. This is particularly important when sharing information people may rely on, sharing third party content, or when encouraging people to take action on the website. Without clear Terms of Use explaining that the station, its licensee, and employees are not responsible for third party content, posted information is for general guidance only and should not be relied upon without consulting a professional, or whatever other warnings may be appropriate, visitors may be able to hold you responsible for adverse results that occur if they rely on the information on your website. Related to this, Terms of Use also let the website owner select the laws that would govern any potential legal action, thereby limiting the station’s need to familiarize itself with the wide variety of state laws and requirements in order to avoid violating them.

Personalizing the Terms of Use

There are a variety of forms that can be found with an internet search, but it is highly recommended that you consult legal counsel to ensure that the Terms of Use adequately meet the needs of your website and station and include all terms necessary to protect you in your state. Once they are finalized and posted, you should ensure that a specific member of your staff is thoroughly familiar with your station’s Terms of Use and is charged with responsibility for enforcing the Terms of Use should an issue arise.

Posting Your Terms of Use

The Terms of Use should be accessible from any page on your site, typically by posting the link in your header or footer, so visitors can always determine what actions are and are not permissible under your Terms of Use. If it is possible and appropriate for your site, you may consider including a “pop-up” upon a visitor’s first visit to the site, which would include links to your Terms of Use and Privacy Policy, alerting the visitor to the rules and consequences on your site. The pop-up is not required, though it does add an additional layer of security by forcing visitors to acknowledge that the Terms of Use exist and agree to them prior to interacting with your site, making it more difficult for visitors to claim they were unaware of your Terms of Use in the event that legal action arises down the line.

The station should also include a link to the Terms of Use any time it is appropriate to draw a visitor’s attention to the Terms of Use (such as when they are posting a comment or registering with your site). This can be done easily by including a phrase like “By clicking submit/submitting this comment you are agreeing to our Terms of Use and Privacy Policy” or by requiring the submitting party to click a box confirming that they have read the Terms of Use and Privacy Policy before being permitted to submit their comments.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.