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Social Media Ethics
Joe Chernov/@jchernov
Director of Content, Eloqua
Co-chair WOMMA Member Ethics Advisory Panel
The$11,000Question
FTC: No Consideration/Not Endorsement
FTC: Impromptu/Not Endorsement
FTC: Organized Program/Endorsement
All performance claims must be substantiated
Relationship with marketer/brand must be disclosed
No difference between $ an...
White
Black
&
Astroturfing
Astroturfing
Astroturfing
Astroturfing
Mostly Shades of Gray
DidYouSeeThatSign?
DidYouSeeThatSign?
Special gift
Mystery prize for
bloggers ($50-500)
DidYouSeeThatSign?
Only one event
Few posts
Several disclosed
There was a sign
No Action
A Social Media Drama*
Act 1: Kim Kardashian
joins other “it” girls in
racy Carl’s Jr. ad
*In five acts
Act 2: She Tweets!
(… but where’s the disclosure?)
Act3:ScandalEnsues
Act 4: The Plot Twist
(Apparently tweet was not an ad, after all)
Act 5: The Resolution
(Ad)
What’s sufficient disclosure?
… for clear guidance on proper substantiation
… for specific direction on disclosure language
… for instructions on disclo...
Honesty of identity
Disclosure of consideration
Disclosure of relationship
Honesty of opinion
Respect for venue
Compliance...
AnotherModel:CMP.ly
Require disclosure
Educate on how
Monitor for its presence
Act on its absence
Maintain records
Does Contest = Consideration?
What About When You Can’t Disclose?
Tracking: Where Are Boundaries?
Scraping: What about Private Data?
Scraping: What about Private Data?
Scraping: What about Private Data?
Stay In Touch
Joe Chernov
@jchernov
about.me/jchernov
slideshare.net/eloqua
blog.eloqua.com
www.jchernov.com
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
Eloqua social media ethics syracuse
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Eloqua social media ethics syracuse

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This is a presentation Eloqua director of content Joe Chernov delivered to Syracuse University’s Newhouse School on the topic of social media ethics.

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  • FTC revised its Guides to Testimonials & Endorsements in late 2009. Goal is to eliminate deception by ensuring its clear to everyday people when a testimonial / blog / review / tweet is a corporate-sourced endorsement.
  • It came out that bloggers could be fined up to $11K / violation. This lit up the blogosphere.
  • FTC responded, ensuring bloggers they were safe, but needed to make a few adjustments if they are empanelled as part of a marketing program.
    http://www.ftc.gov/multimedia/video/business/endorsement-guides/endorse_mary-q2.shtm
  • Everyone would agree with this.
  • Gets a little more vague but still reasonably clear.
  • Vagueness dominates. What if the review was “neutral” … would that be considered an endorsement, would that need to be disclosed? How do you quantify “various”?
  • Real world example: If CNET reviews product, most people would assume the publication received a free sample, no disclosure needed.
  • But let’s say the review runs on a blog, NOW does it need to be disclosed?
  • Or let’s say the CNET reviewer mentions it in her own Twitter stream. NOW is disclosure mandated? In the real world, disclosure requires sound personal judgment, informed by the letter AND spirit of the FTC guides.
  • Performance claims are the most under-reported aspect of the guides, but it’s an immensely important consideration for marketers, especially those in the health, diet and personal care industries.
  • Message to marketers: if you let the bull out of the barn, you are responsible for what the bull does.
  • Message to publishers: your blog (or lifestream) = an advertisement (in certain circumstances)
  • The highest risk is the start of the money flow.
  • Some instances of social media ethics are black & white
  • PR firm Reverb dispatches its staff to review client products on the Apple Store. BusinessWeek catches wind.
  • FTC determines wrongdoing
  • PR firm settles with FTC. Owners held personally accountable.
  • Visited PR firm’s website for comment … but no website there.
  • Most of the time, social media ethics is a “shades of gray” discussion.
  • Case Study: Ann Taylor Loft
  • Held a private event for bloggers. Gave attendees a special gift, and the opportunity to blog for a prize. Even had a sign that said they need to disclose gifts. But not everyone did.
  • FTC investigated, but didn’t take action. Simply not a public enough transgression, nor egregious enough.
  • Case study: Kim Kardashian / Carl’s JR.
  • Slideshow in AdAge points out that Kim Kardashian earns as much as $10K tweet!
  • Here’s the drama that ensued …
  • Kim tweets about her plans to go grab a new chicken salad at Carl’s Jr.
  • People recall that she did that add. And her tweet didn’t disclose relationship.
  • She said relationship over, this was an “organic” tweet.
  • Turns out, she gets the $10K through a celebrity/Twitter marketplace: Ad.Ly
  • All tweets hardwired with this disclosure
  • The $11K question … is it sufficient?
  • FTC leaves it up to us. They give guidelines, not rules.
  • WOMMA’s Code is a great start
  • Another viable model: CMP.ly – disclose everything via a badge, and collect data too.
  • Next wave of debate? Contests, geosocial, and transactional buttons with no “disclosure field” (e.g., Facebook Like buttons)
  • Are contests a form of consideration Do you have to disclose the POSSIBILTY of compensation? Is “hope” a material connection?
  • Some check-ins or Likes don’t include a text field – how can you disclose?
  • The WSJ recently did an expose on a company called RapLeaf that is able to track you right down to your name and social media profiles. Although they say they don’t share personally identifiable information with their advertising partners, is that degree of tracking ok?
  • In the same WSJ series, the paper looked at the practice of “scraping” – in which a company uses software to aggregate as much information about people as possible …
  • In this instance, the company (Nielsen) penetrated a private community where patients shared information about their illnesses and medication.
  • Although Nielsen said they have discontinued this practice, it begs the question: what do they (and others) already know about you? What are responsible data collection practices?
  • Transcript of "Eloqua social media ethics syracuse"

    1. 1. Social Media Ethics Joe Chernov/@jchernov Director of Content, Eloqua Co-chair WOMMA Member Ethics Advisory Panel
    2. 2. The$11,000Question
    3. 3. FTC: No Consideration/Not Endorsement
    4. 4. FTC: Impromptu/Not Endorsement
    5. 5. FTC: Organized Program/Endorsement
    6. 6. All performance claims must be substantiated Relationship with marketer/brand must be disclosed No difference between $ and samples Newsfeed, lifestream, blog, Twitter are all the same
    7. 7. White Black &
    8. 8. Astroturfing
    9. 9. Astroturfing
    10. 10. Astroturfing
    11. 11. Astroturfing
    12. 12. Mostly Shades of Gray
    13. 13. DidYouSeeThatSign?
    14. 14. DidYouSeeThatSign? Special gift Mystery prize for bloggers ($50-500)
    15. 15. DidYouSeeThatSign? Only one event Few posts Several disclosed There was a sign No Action
    16. 16. A Social Media Drama* Act 1: Kim Kardashian joins other “it” girls in racy Carl’s Jr. ad *In five acts
    17. 17. Act 2: She Tweets! (… but where’s the disclosure?)
    18. 18. Act3:ScandalEnsues
    19. 19. Act 4: The Plot Twist (Apparently tweet was not an ad, after all)
    20. 20. Act 5: The Resolution
    21. 21. (Ad)
    22. 22. What’s sufficient disclosure?
    23. 23. … for clear guidance on proper substantiation … for specific direction on disclosure language … for instructions on disclosure placement
    24. 24. Honesty of identity Disclosure of consideration Disclosure of relationship Honesty of opinion Respect for venue Compliance w/FTC & COPPA Recommends #PAID or #SPON
    25. 25. AnotherModel:CMP.ly
    26. 26. Require disclosure Educate on how Monitor for its presence Act on its absence Maintain records
    27. 27. Does Contest = Consideration?
    28. 28. What About When You Can’t Disclose?
    29. 29. Tracking: Where Are Boundaries?
    30. 30. Scraping: What about Private Data?
    31. 31. Scraping: What about Private Data?
    32. 32. Scraping: What about Private Data?
    33. 33. Stay In Touch Joe Chernov @jchernov about.me/jchernov slideshare.net/eloqua blog.eloqua.com www.jchernov.com
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