Expert: Dan Pepper - 12/22/2008

Question
This week there was a major launch a networking marketing (MLM)company which provides online adult products and services.

Representatives of the company state that they are in compliance with all current laws regarding adult content material on the Internet.

However my concern is for the people who sign up as associates to promote and market the opportunity, products and/or services.  What is the impact of various state, local and federal laws on the individual associates promoting this business either online, in public forums or in private presentations. There are no territories assigned, so one you be promoting this just about anywhere woldwide. Could a associate run into trouble with local obscenity laws for promoting products or services products or services might be defined as obscene in nature by these local ordinances.  

I can provide a name of the company in a private forum or it should be easy for one to come up with the company name by using a internet search engine.

Answer
Mike,

This is a very broad question, and I'm not familiar with the MLM company in question.

I cannot speak for the obscenity laws outside of the U.S., so if an associate were to promote there, they would need to understand the local obscenity (and other relevant) laws.

Depending upon the nature of the content being promoted, there may be liability on the part of the distributor.  Without knowing exactly what sort of promotion and marketing is being done, I cannot give more specifics than that.

PLEASE NOTE that this is not intended to be legal advice, just general information.  You should retain qualified legal counsel to fully review your situation.