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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
twitter@chrisgtaylor
twitter@jtmarcom
615-714-5469www.jtmar.com