play nice! legal issues to consider in social media. austin,tx presentation

8/6/2019 Play Nice! Legal Issues To Consider in Social Media. Austin,TX presentation

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Play Nice!

Legal Issues & Social Media


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What is Social Media?


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Social media is a category of sites that

are based on user participation and

user-generated content. They include

social networking sites such

asLinkedIn and Facebook, social news

sites such as Digg, Reddit and social

bookmarking sites such as De.lcio,usand Posterous. etc.


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More Simply Put

Social media is people having a

conversation online.


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Why Should You Care?

Facebook - 400 million active users

Twitt

er- 18 million users (in U.S.)

LinkedIn -35 Million


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Participate for sure, but protect

yourself and your company.


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Review Your HR Policy

Make written reference to the fact that existing

HR policies regarding workplace behavior,confidentiality, etc., also apply to social media.

Provide your employees some common sense

guidelines on how to use social media.


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Things to Consider

When Drafting your Policies


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Who Is Liable?

Whether Blogging, Tweeting or Endorsing

products on Facebook and other social venues

the blogger (endorser) and the advertiser or

product manufacturer are responsible forclaims being made.

Advertiser is responsible for advising blogger

to disclose material connection Advertiser should have system for monitoring

compliance.


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Truth In Advertising

Any communication by a commercial entity forthe purpose of furthering that entity is

commercial speech and subject to Truth in

Advertising Laws

This includes Social Media

Marketing should be truthful, not misleading and

substantiated

If an advertiser posts a viral video on sites such asYou Tube these must also follow the tenants of

Truth in advertising law


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Testimonies and Endorsements

FTC is body charged with enforcing and

providing guidelines about what it means to

comply with certain laws that were passed

specifically the Lanham Trade Mark Act.

There are new guidelines as of December

2009 specifically addressing social media.

http://en.wikipedia.org/wiki/Lanham_Act


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Endorsements An endorsement means any message that

consumers believe are likely to reflect the

belief, findings or experience of the endorser.

Guidelines apply if social media practitioner issponsored by an advertiser, i.e. blogger, Tweeter.

Not only is the blogger responsible but the advertiser is

responsible.

Endorser is responsible for disclosing if there is a paidrelationship with the social media practitioner

Advertisers should establish policies for endorsers of

their products


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Copyright

If you hyperlink to other sites/article a

company is liable for misleading or incorrect

information.

Is there liability for using a picture of a

competitors product pulled from internet

website.

Yes, but there are exceptions such as

http://en.wikipedia.org/wiki/Creative_Commons


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Some companies are scared, some

are embracing it there will be no

choice in the future.


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Social Media

Policies & Procedures


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THE

Source for Sample Policies

Social Media Governancehttp://socialmediagovernance.com/policie

s.php


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Other Sources:

http://socialmediagovernance.com/policies.php

http://wiki.altimetergroup.com/page/Social+Media+Policies

http://123socialmedia.com/2008/11/03/corporate-social-media-

policy/


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Bridgestone

Social Media Policy


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You and Your Company

Can get Yourself

in

hot water

Here are some legal

things to think about


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Defamation

damaging someones reputation


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Making statements that target an

individual, company, association,

or anyone that has a reputation to

be damaged.(i.e.. Your competitor stinks and his wife is

loose.)

Even a truth

ful statement can get you into trouble if sh

aring th

at

bit of truth damages someones reputation.


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Privacydisclosing someone elses secrets

This one is touchy! If you disclose something that areasonable person would not want disclosed, then

you could wind up in trouble, even if the disclosures are

truthful.


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Exposing someones extramarital activities

inadvertently by posting a photo showingperson X with date Y when the date is not

Xs spouse could land you in hot water.

Note: Companies cannot claim a right of privacy; they canpursue similar situations, such as Intentional Misrepresentation,

otherwise known as fraud or deceit.


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Interference with Business

Relations


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To get in trouble here you have to

know about a valid contractual

relationship, or a valid expectation

that someone will be entering avalid relationship, then you have to

intentionally mess it up.

Enough said.


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Negligence being a jerk and harming someone

This is likely addressed in corporateHR policies, but individuals also can

be liable


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A good example would be anattorney or doctor who has a duty

to keep client information

confidential.

Did you breach that duty? And, did your breach cause damage?

All elements have to be in place to get you in trouble fornegligence.


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Contract

All it takes to fall into a contract is

an offer, an acceptance, and apromise to pay, known as

consideration.

Thats it!


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You might think youre jokingaround during an online exchange,

but just a single post and response

could bind you into some

contractual action.


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Trademark

Trademark law is all aboutprotecting someones investment

in their brand personal or

business.


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So, dont use someone elses brandname for your online name, and

avoid inferring that you are

associated with people or brands

with which you really have no

affiliation or sponsorship.


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Copyright

sharing something thats not yours


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An example could be using apicture you found online in a blog

post.Just because its online and easily copied,doesnt mean you have the right to make and

post other peoples creative work. You dont.


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Common Sense Guidelines for use of Social

Media

Be responsible for what you write

Be authentic

Consider your audienceExercise good judgment

Understand the concept of community

Bring value

Productivity matters


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Why You Cant SayForget It . . . Count Me Out!!!


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Ford FiestaFord handed 100 Fiestas to 100 people selected from 4,000

applicants. These "agents" get to use the cars for 6 months in

exchange for completing monthly "missions" sharing their

experiences throughYouTube, Flickr, Facebook and Twitter.

38% awareness by Gen Y about the product, without spending a dollar on

traditional advertising (Fords model Fusion doesnt have that awareness

after 2 years of being out in production, and yet it has received hundreds of

millions of dollars in traditional marketing spend).


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Not So Friendly Skies

United Airlines passenger Dave Carroll had his Taylor guitar

destroyed by the airline's baggage handlers. After United

repeatedly declined to reimburse him for the damage, he

threatened to write a song for YouTube.

Uniteds response? Go for it!

He wrote a now-famous song decrying their customer service

and their brand. It was funny, justified and smart.

4 Million Views Later . . .Did ItReallyCostThe Airline $180 Million?


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Nestle on FacebookWe welcome your comments, but please dont post using analtered version of any of our logos as your profile pic they will

be deleted, Nestle to its Facebook fans.

HeyNestle, the internet is a democracy and social media is about

transparency, get with the program. If you cant take the heat, get out of the

kitchen or change your business practices. Consumers are sick of corporate

brands thinking theycan actuallycontroltheenvironmenton aplatform like

Facebook, news flash, wehaveallthepower notyou!Keep messing with

our planet and committing corporate evil-ries and well keep calling you outevery single time, a Nestle fan response.


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Forrester analyst Augie Ray posted a list ofseven things he recommends organizations

do to avoid the recent problems of Nestle

and United Airlines. Th

e list makes forinteresting reading:


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You must listen:Its becoming

more and more important fororganizations to monitor online

discussions to avoid escalatingissues. Theres no risk if youre

not listening to online

conversations about your brand,youre neglecting your brand


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You must participate:You dont

lose control wh

en you participatein online conversations; you gain

the opportunity to be heard.

Whats more, its easier to addressan issue on a central property than

in a fragmented environment,

which you may have to do if you

dont have a place to engage


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You must be proactive:Nestleknew the palm oil/deforestation

issue could blow up, but did

nothing about it until it did


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You must move faster:Respondingto an issue in days risks the

accusation of moving slowly.

Expectations have shifted, and

people expect organizations to

respond quickly


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You must

respon

d:

h

ow can youignore damaging accusations that

accumulate within your own

Facebook group? You cant;inaction breeds frustration,

annoyance and distrust


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You must realize every employee

is a marketer:Your employees can

affect your brand messages just asmuch as broadcast messages in

traditional media


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Final Thoughts


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Use the P.O.S.T. Method

People How are your customers using socialmedia?

Objectives What are your goals?

Strategy How do you want relationshipswith your company to change?

Technology What applications should youuse?


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A List of Social Media Marketing Examples

Here are some related resources you might find helpful:

AWiki of Social Media Marketing Examples. Over 1,000

examples, including the ones on this list. Analysis of a

Wiki of SMM Examples. A helpful visualization of the data.SMM examples by channel. From Ray Schiel at the Global Social

Media Network.

26 Social Media Marketing Examples in Detail. More information

on some of these examples from Ignite Social Media.

23 Extensive Lists ofOrganizations Using Social Media. A list oflists from interactive insights group.


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Other Helpful Links

Knowem http://knowem.com/Surchur http://surchur.com/

Leapfish http://www.leapfish.com/

Alltop http://alltop.com/

Radian6 http://www.radian6.com/

Scoop http://www.scoop.com/


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Need Help?

Please feel free to contact meChristine Taylor

[email protected]

twitter@chrisgtaylor

twitter@jtmarcom

615-714-5469www.jtmar.com

play nice! legal issues to consider in social media. austin,tx presentation

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