governancefor digitalcontentMy top 10 law tracks
1 March 2011 Advertising Standards Authority became responsible for regulating online marketing. Weekly adjudications eg banned a series of online ads for Lynx spray that ran on Yahoo, Hotmail, Spotify... for being ‘likely to cause widespread harm and offence”
2 Privacy and Electronic Communications (EC Directive) Regulations 2003 prohibit unsolicited electronic marketing material unless covered by the “soft opt-in” rule. Covers email & text messaging. Breach can result investigations, fines, damages and criminal liability. Criminal sanctions may be imposed on company directors.
Limitations of standard mobilescreens don’t mean marketerscan ignore the rules.Give information about themarketing you intend to dobefore sending a marketingmessage or even before youcollect the mobile number.For example, in an advert, or on awebsite where the recipient signsup for the service.Source: Information Commissioner’s Office
3 Since 2007 companies in the UK have needed to include regulatory information on their websites and in their email footers, such as company number and registered address (not always the main contact address) or risk being fined under the Companies Act. Text message – company url.
4 Disability Discrimination Act (DDA) 1995 Part 3 made organisations responsible for making websites accessible. Legislation policed by Royal National Institute of the Blind (RNIB) which forced a number of companies to make changes to avoid prosecution.
4.1 Since October 2010 the Equality Act has replaced ‘most of’ the DDA. The RNIB points out that the newer legislation is ‘anticipatory’, which means you cannot wait until a disabled person wants to use your services, but you must think in advance and on an ongoing basis, about ‘potential’ illegality. DDA applies to situations before October ‘10
6 A green paper setting out the scope of a new communications act by the end of this year. It is expected to include regulation covering programming content on the internet. And what else online?
7+8 European Data Protection Framework (EDPF) Review – Jan 2012? Prohibition of any direct marketing without consent Digital Economies Act, code drawn up by Ofcom... Courts... confusion
9 Hargreaves Review, Intellectual Property framework - the Hargreaves Hypothesis - that the current copyright licensing system is not fit for purpose for the digital age... feasibility study
10 RIP Stop Online Piracy Act (SOPA) or its Senate counterpart, the Protect Intellectual Property Act (PIPA) but... a month later, the Senate is preparing to fast-track the Cybersecurity Information Sharing Act of 2012
publish and be agile Flexible, adaptable, human tools and methodologies to guide content projects, their rationale, implications and implementation, leading to... More confident (risk assessed) deployment of content iacross channels and delivery mechanisms.
Don’t reinvent the wheel – eg harness existing processes like editorial calendarsWhat Don’t avoid risk – mitigate it eg content risk matrixWhen Educate, educate, educateHow Make it doableWho Realistic timescales / approachesNext!
Anne Caborn01273 553393https://twitter.com/#!/AnneCabornhttp://email@example.com