Since 2003, brands have entrusted their reputation to Tempero…
The next 30 mins… Explore the legal & ethical framework of SM marketing Slight change to format today… Joined by: Kate Atkin, Partner, M Law What legal and ethical issues should be considered? Why consider them? Recent changes to the ASA guidelines Common pit-falls and how to avoid them This is an open debate with free legal advice Questions at any point please.
What needs to be Legalconsidered… - Copyright - Contempt of Court - Libel - Trading laws - Privacy Industry Compliance - ASA (Cap codes) - DMA (Code of practise) - Portman Group (Responsible marketing of Alcoholic drinks in Digital Media) - UKCISS (Moderation & social networking guidance) Ethical & Practical - Honesty & Transparency (Trust, Integrity, Respect, Privacy) - Moderation - Resourcing
What needs to be Legalconsidered… In UGC land you may be seen in law as a Publisher & Editor -Copyright - Video, brands or trademark characters as avatars risk areas - EU E-Commerce directive may protect you - Quality not quantity is looked at. Tweets are not too short to infringe copyright -Contempt of Court - Users often don’t realise they are in contempt - Some purposefully try to sabotage court orders - Notice & take down is vital ** Are these issues more or less of a risk on 3rd party sites such as Facebook? **
What needs to be Legalconsidered… - Libel - New proposals aim to encourage freedom of speech - Libel tourism hopefully reduced - Claim only first publication (unless material difference) - Non jury trials - Trading laws - OFT robust enforcement action - Handpicked Media - ‘The snow covered Lapland village’ - Consumer Protection from Unfair Trading Regulations - Privacy - Cookies and the new e-Privacy Directive ** Is our right to be forgotten a restriction of trade? **
What needs to be Industry Compliance – ASA / CAP Codesconsidered… -Expanded to now encompass elements of UGC -This means social media sharing features, user generated content and marketing comms in non paid-for spaces fall under the code -Tweets should clearly state marketing intention (link to terms and conditions for example) -Inaccurate claims by users endorsed by brands fall foul -Retweets of offers must be relevant and true -Moderation must be sensitive to removing all negative content
What needs to be Ethical & Practicalconsidered… -For outreach honesty & transparency are key -Review WOMMA’s code - Trust, Integrity, Respect, Privacy -Moderation is a useful if not essential layer of protection -Consider resourcing early as managing social media effectively needs skilled staff
Why consider theseissues? It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently. Warren Buffet
Why consider these Office of Fair Tradingissues… - Hand Picked Media Brand reputation - DKNY Ethical - Kenneth Cole
Why consider these Office of Fair Tradingissues… - Hand Picked Media
“Please note that DrewBrees is a paid endorserfor several companiesand promotes themthrough his socialmedia. For a completelist, please visitwww.drewbrees.comand click on theDisclaimer section. “
Common pitfalls & Be preparedhow to avoid them • Review the objectives • Create guidelines for process, moderation & tone of voice • Review time and resource Responding is vital • This is customer service whether you like it or not • Respond quickly • Respond with care Publishing • Hijacking inappropriate topics is a big no no • Publishing at inopportune times reduces value • Over 90% of retweets and replies occur in the first hour after a tweet is published)* • Over publishing is annoying & a waste of resource (1 FB update, 4 tweets a day is a good average to use) *AccuraCast 10/10
Common pitfalls & Contenthow to avoid them •Content needs to be viable (relevant, up to date, useful) •Avoid spam dressed up content •Check your facts (even the smallest detail can cause problems) •Don’t confuse quantity with quality (RQIV) Managing Risk •Carry out a risk assessment to evaluate the potential issues •Be prepared to manage a social media crisis. •Create your own internal guidelines for what is and isn’t acceptable (keeping the (fuzzy) law in mind) •Create and publish clear, non legalese terms & conditions so your users know the rules •Implement a robust notice and take-down procedure - robust means it must stand up to scrutiny and actually work! •Encourage users to highlight inappropriate material •Don ’ t over moderate – you’ll kill your community (and possibly fall foul of the cap codes)
Social Mediamanagement 2 routes to providing Social Media management In-house • Recruit new staff or use your existing team • CRB check them if the content is mainly for children • Create the guidelines • Define escalation procedures • Create a moderation rota that considers sickness & tech issues • Train the staff on the guidelines and technology • Ensure user comms are set up • Create standard responses • Have legal advice ready if needed • Assign a manager that can make key decisions • Ensure consistency between staff • Regularly review guidelines and procedure
Social Mediamanagement 1 easy solution… Get someone else to do it!
Thank you for your timeFor further information please contact:email@example.com@domsparkes / @ temperoUKwww.tempero.co.uk20 7278 firstname.lastname@example.org 7927 6240
The key elements of 1. PreparationSocial Mediamanagement 2. Moderation 3. Management 4. Technology 5. Reporting
The key elements of PreparationSocial Mediamanagement • Objectives (Cost, impact and outcome) • Risk Assessment (Content, users, technology, staff) • Customer-facing Terms & Conditions / House rules • Moderation guidelines • Editorial guidelines / tone of voice • Escalation paths • TechnologyResources:social-media-governance.com/policies.php • Risk mitigation & crisis plan (find the weakest link)
The key elements of ModerationSocial Mediamanagement • As much about content curation as editing and deleting • More skilled than many think • 3 styles – pre, post and reactive • Moderators need life-skills, attention to detail and patience • Audit trail helps quality control • Remit needs to be clear (user comms, admin rights etc) • Support will be required • Consistency is vital
The key elements of ManagementSocial Mediamanagement Two key functions (although split differs from company to company) Community Administration • Setting up the technology • User and admin accounts • Quantitative reporting • Managing rotas Community Management • User comms • EngagementResources: • Qualitative reportingEmint.org.uk • Supplier management • Central role for stakeholder contact
The key elements of TechnologySocial Mediamanagement • Platform – what moderation and management tools exist? • Moderation plug-ins (Conversocial, Syncapse)Resources:conversocial.comprofiler.conversocial.com
The key elements of TechnologySocial Mediamanagement • Publishing tools (e.g. for Twitter & Facebook) • Bespoke • Full Social CMS (Lithium, Scroon, Crisp Thinking) • Monitoring (Brandwatch, Radian 6, Buzzmetrics) Reporting • What is really needed? • Data for data’s sake • Garbage in garbage out
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