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Mar 22, 2016
Customer Contact Compliance
Social Network Sites Managing risksHarnesses the power, Manage the risk ICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 20061Your NeedsWhat are your Social Network aspirations and fears?
ICompli.co.uk 2011Social networksuse and risk
ICompli.co.uk 2011WHY0.5 Billion connectedFacebook is now the 3rd biggest nation in the worldWhat was said in the living room is now published on FacebookICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 20064WHY: the obvious
The cost variance of interacting via different channels is significant. (Source: SOCITM)CHALLENGE: To resource the change by reducing traditional channels e.g. print media.ICompli.co.uk 2011
ICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 20066Whats the SN Journey?ENGAGE people in thinking about the issues they CARE about.Make their views heard; ENABLE people to participate in debate, polls, forums etc.EMPOWER people with real decision making power.HIGHER RISK?ICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 20067
Sharing InformationThe Social bitEngagewww.podnosh.comICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 20068
Its a conversationWhat if these were controversial?ICompli.co.uk 2011I am very interested in social housing in the UK, partly through having been a tenant of a housing association for the last five and a half years. I feel that social housing should be a tenure of choice - not need. At the moment social housing is sat right at the bottom of the political agenda: seriously unloved and undervalued. Tenants of social housing have a right to decent housing just like everyone elsCustomer Contact Compliance - the EssentialsCopyright Duncan Smith 20069
ICompli.co.uk 2011The risksSocial Media NetworksICompli.co.uk 2011ICompli.co.uk 2011State the jurisdiction in your Terms & Conditions, and which country's law will be followed.Stay up-to-date with high profile casesFast effective take down procedures
Keep personal and work accounts separateEmployees with access should have basic legal trainingICompli.co.uk 2011
GUILTYICompli.co.uk 2011A juror and acquitted defendant who made contact through Facebook during a multimillion-pound drugs trial, causing it to collapse, have been found guilty in what is believed to be the UK's first prosecution for contempt of court involving the internet.
One of the defendants convicted in the original drugs trial, Gary Knox, is applying for his conviction to be overturned on the basis of alleged jury misconduct.Customer Contact Compliance - the EssentialsCopyright Duncan Smith 200615POLICY DEVELOPMENTManagers should not adopt an unnecessarily restrictive approach .. ensure that any special instructions on blogging or microblogging are reasonable and explained clearly to staff .... bear in mind concerns about impartiality, confidentiality, conflicts of interest or commercial sensitivity
ICompli.co.uk 2011Corporate me, Personal me
The personal me a.k.a. the CPO
Keeping the two worlds apart can be difficult: POLICY MANAGEMENTICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 200617
ICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 200618React quickly!
ICompli.co.uk 2011Understand the concept of Personal DataMake sure employees know about the right of accessBe clear about how and with whom personal data is shared, and where it goes (transfer)Understand and respect the Privacy Bubble
Have an effective, well publicised Notice and Takedown procedureHave clear rules of engagement that spell out how Users will behave on your siteHave clear monitoring policies and follow them!
ICompli.co.uk 2011DMCA EU Copyright DirectiveCustomer Contact Compliance - the EssentialsCopyright Duncan Smith 200620CASE LAW: Applause Store Productions Ltd and Firscht v Grant RaphaelDefamation disseminated via Facebook resulted in a successful claim for damages totalling 22,000 Firschts lawyers obtained a Norwich Pharmacal order against Facebook Inc. for disclosure of the registration data provided by the user responsible for creating the false materialCivil Justice Council comment on the Defamation Bill includes a request for less generous defence if ISPs withhold user data!ICompli.co.uk 2011Applause Store Productions Ltd and Firsht v Grant Raphael is the widely reported case where defamation disseminated via Facebook resulted in a successful claim. Damages totalling 22,000 were awarded, which included an element for the tort of misuse of private informationBailll http://bit.ly/95fBDB
Olswang, obtained a Norwich Pharmacal order against Facebook Inc for disclosure of the registration data provided by the user responsible for creating the false materialCustomer Contact Compliance - the EssentialsCopyright Duncan Smith 200621FB Report/Block mechanism
What if this were a defamatory or bullying statement?ICompli.co.uk 2011FB reporting tool
ICompli.co.uk 2011http://news.bbc.co.uk/1/hi/7523128.stmThe judgment in Applause Store Productions Ltd and Firsht v Grant Raphael  EWHC 1781 (QB) is now available on BAILII and can be accessed here. Customer Contact Compliance - the EssentialsCopyright Duncan Smith 200623Twitter libel in the UKMarch 11th, 2011: Caerphilly county councillor Colin Elsbury ordered to pay 3,000 damages plus costs His tweet wrongly claimed Eddie Talbot had been removed from a polling station by police during a by-election in 2009.He will tweet an apology and faces a costs bill of around 50,000 after acknowledging that he defamed Talbot.Draft Defamation Bill may address libel in the age of social media; follow it!
ICompli.co.uk 2011Re-publishing a libellous tweet is much more active conduct but I think context would be determinative of liability.
I expect that putting RT in front of someone else's public statement on Twitter and tweeting it yourself will legally be deemed the same as quoting a newspaper article. Re-tweeting a direct message, though, is a lot like forwarding a private e-mail.
U.S. law doesn't even require Web sites to perform such truth due diligence under section 230 of the Communications Decency Act. So, I can't envision a court that would require individual re-tweeters to do the same.
http://is.gd/US84nmCustomer Contact Compliance - the EssentialsCopyright Duncan Smith 200624
Hate crime: is any criminal offence, motivated by hostility or prejudice based upon the victims disability, race, religion or belief, sexual orientation, or gender words. This includes pictures, videos, and even musicMONITOR, and have Report this content functionalityDifficult to pin responsibility on the site owner .. ButHave clear community rulesHave clear, effective take down noticesHave report this content functionalityICompli.co.uk 2011Illegal terrorism content: Any information that is intended to be useful to terrorists is illegal, including: bomb-making instructions guides to making poisons instructions on how
Harassment case Ian Puddick http://is.gd/caZV0WCustomer Contact Compliance - the EssentialsCopyright Duncan Smith 200625
Our SecretDont tell anyoneICompli.co.uk 2011Customer Contact Compliance - the EssentialsCopyright Duncan Smith 200628
Control UGC closelyHave users positively agree to site terms and conditionsHave an effective Notice and Takedown processMake sure terms and condition explain IPRead your Gambling Act Guidance: Dont run illegal lotteriesCollect personal data carefully (Data Protection Act 1998)Think about multi-jurisdiction and possibly restrict entries.CPRs 2008. No Misleading statement!BPRs 2008. No unfair comparisons with competitorsRules and best practice wrt children including CAPICompli.co.uk 2011Therefore, whilst some postings to SNS may be expressly or impliedly licensed or permitted bycopyright owners or within the scope of copyright defences for example fair dealing, or may notconstitute a substantial part, it is most likely that the majority of such uses are infringing. Copyrightinfringement is subject to both civil and criminal liability. The existence of authorisation liability alsomeans that it is possible that the service provider, SNS provider or school could be liable for theinfringement.Customer Contact Compliance - the EssentialsCopyright Duncan Smith 200629CAP Remit Extended to ..Where?Own website, or;non-paid-for space online under their control e.g. Facebook!What?Advertisements and other marketing communications that are directly connected with the supply or transfer of goods, services, opportunities and gifts, or;direct solicitations of donations as part of their own fund-raising activities.ICompli.co.uk 2011The extended digital remit does not, therefore, cover marketing communications promoting causes or ideas but it does explicitly apply to marketing communications which consist of direct solicitations of donations as part of fund-raising activities.'Legal Briefing for online marketers'Copyright iCompli Ltd. 2006 www.icompli.co.uk30When does crowd sourcing become marketing?ICompli.co.uk 2011UGC exists and is an important part of the marketing mixASA doesnt want to regulate consumersSome UGC is in remit.'Legal Briefing for online marketers'Copyright iCompli Ltd. 2006 www.icompli.co.uk31Adopt or incorporate UGCWill be controlled
Will NOT be controlled
ICompli.co.uk 2011Unmodereted stream of comment OK
'Legal Briefing for online marketers'Copyright iCompli Ltd. 2006 www.icompli.co.uk32