What does research tell us? What research is needed?

Robert SpragueAssistant ProfessorUniversity of Wyoming College of Business

Connect. Public Relations & Social Media ConferenceUniversity of Georgia Grady CollegeOctober 19-20, 2007

So many issues. So little time. Employees fired for

blogging Employers using Google to

screen applicants Defamation and Reputation

on the Internet Copyright violations on

YouTube Bloggers as journalists Deep linking

Public Relations & Social Media Legal issues

Commercial speech Deceptive trade practices Liability for content

Commercial speech

Commercial speech is granted limited constitutional protection Subject to regulation

Time, place, and content

What is commercial speech? Never really defined by the courts But, courts “know it when they see it”

Commercial speech doctrine

Originally used to help communities restrict/prevent door-to-door peddlers

Traditional concept Communication to propose a commercial

transaction I will sell you “X” product for “Y” price

Concept has been expanding Statements encouraging a future economic

transaction

When is a blog a commercial site?

Journalist: They gather, select, and prepare, for purposes of publication to a mass audience, information about current events of interest and concern to that audience.

GM’s FastLane blog is a forum for GM executives to talk about GM’s current and future products and services

Walmarting Across America

Oops! Should Richard Edelman have known better?

Desire to control the message blends independence with commercial backing

Is this deceptive?

Deceptive speech

Commercial speech doctrine allows the government to prohibit deceptive speech

An act or practice is deceptive under federal law if there is a representation or omission of material information that is likely to mislead consumers A representation or omission is material if it is

likely to affect consumers’ choice of, or conduct regarding a product

Buzz marketing

Buzz marketing is a major area of concern The FTC is particularly concerned with “sponsored”

consumers Is it deceptive to fail to disclose that a marketer is

paying a sponsored consumer to make claims to other consumers about the marketer’s product?

Consumers may reasonably give more weight to statements that sponsored consumers may make about their opinions or experiences with a product based on their assumed independence from the marketer

No definitive guidelines

FTC has declined to issue specific guidelines Will make determinations on a case-by-case basis Where there exists a connection between the

endorser and seller of the advertised product which might materially affect the weight or credibility of the endorsement, such connection must be fully disclosed Must there be an “advertisement?”

Buzz marketing on the Internet Fake peers Hidden sponsors Pay-to-post Sock puppets Sponsored consumers Assume FTC approach to “traditional” buzz

marketing will apply to blogs and social media

Sock puppets will be illegal in the EU in 2008

Commercial speech and new mediaMarié Digby

Pop / Rock / Alternative

                         

  

Los Angeles, California United States

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Is Marié engaged in deceptive trade practices?

Defamation

Another restriction on speech A false statement that harms an individual’s

reputation in the eyes of the community Accusations of dishonesty, criminality, adultery

Historically, publishers have been held immune from liability arising from third party content Bloggers assume they are immune from liability

for linking to outside content

New trend in publisher liability What are the risks? Courts are beginning to differentiate between

“provider” and “publisher” A provider merely reproduces material without

alteration Immunity preserved

New view of publisher Making editorial decisions Growing risk that minor editing of third party content may

destroy immunity

New areas of research?