Social media




Thursday 04 March 2010
Social media

                          Legal and business challenges
                         informing a social media po...
“A powerful global conversation has begun.
                Through the Internet, people are discovering
                 a...
The Web has changed



Thursday 04 March 2010
Its about being
                            social ...
Thursday 04 March 2010
... i
                     nt
                       he
                            dig
                               ita...
... and increasingly in realtime.
Thursday 04 March 2010
The social Web is not just about
                           being shiny happy people ...




Thursday 04 March 2010
Your clients are having conversations about you and
            the things that should matter to you




                 ...
customers have
                         new tools and a
                          longer reach
Thursday 04 March 2010
customers have
                         new tools and a
                          longer reach
Thursday 04 March 2010
Thursday 04 March 2010
... and so on ...




                         the network effect in social media
Thursday 04 March 2010
Thursday 04 March 2010
Thursday 04 March 2010
Google joins the social
                           Web in a big way




Thursday 04 March 2010
Thursday 04 March 2010
You suck!
                                     ?!




Thursday 04 March 2010
Social media = expression



Thursday 04 March 2010
Thursday 04 March 2010
Freedom of
                         expression can be
                             liberating




Thursday 04 March 2010
Do you have control over the conversation?




Thursday 04 March 2010
09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0




                         http://bit.ly/diggcodestory



Thursday 04 Ma...
Thursday 04 March 2010
Thursday 04 March 2010
Getting the community
           involved




Thursday 04 March 2010
... it can be a gamble ...
Thursday 04 March 2010
Are your employees using ...




Thursday 04 March 2010
Are your employees using ...




Thursday 04 March 2010
You have to
                                                 understand social
                                           ...
New(ish) buzzwords

                    brandsquatting

                                      Cybersquatting
             ...
Manage your content licensing
                process




Thursday 04 March 2010
The problem is that © ≠ sharing




Thursday 04 March 2010
There are a couple options




Thursday 04 March 2010
Thursday 04 March 2010
Thursday 04 March 2010
Thursday 04 March 2010
Thursday 04 March 2010
Thursday 04 March 2010
Existing law
                   •     Bill of Rights (Chapter
                         32)

                   •     Consu...
“POPIA”
Thursday 04 March 2010
Informed consent!




Thursday 04 March 2010
Categories of
                    “personal
                  information”
          Ordinary personal information
       ...
Data Protection

                   •     Ensure the personal information collected is “complete, not
                    ...
Privacy policy
Thursday 04 March 2010
Thursday 04 March 2010
When employees go astray




Thursday 04 March 2010
Building on your
                            success ...




Thursday 04 March 2010
or building their
                          own platforms
                         with your tools




Thursday 04 March 2...
Potential impact?
Thursday 04 March 2010
Harness their
            passion



Thursday 04 March 2010
Stay in the loop




Thursday 04 March 2010
Remember its all
                         about relationships




Thursday 04 March 2010
Build better legal
                           frameworks




Thursday 04 March 2010
Terms of use

               Don’t forget details like
            jurisdiction, choice of law and
                 ECT Ac...
Ongoing review to
                         ensure terms address
                          new developments




Thursday 04...
Social media
                         policy: framework
                          and structure?




Thursday 04 March 2010
Why?



Thursday 04 March 2010
You can’t
                         afford to
                         shy away
                         from the
         ...
The little people are having a
                                profound impact




Thursday 04 March 2010
Thursday 04 March 2010
Wide range of tools and services




Thursday 04 March 2010
Perspective




Thursday 04 March 2010
Give your people direction

Thursday 04 March 2010
Case study



Thursday 04 March 2010
The Coca-Cola Company
Thursday 04 March 2010
Suggestions ...



Thursday 04 March 2010
Principles or guidelines




Thursday 04 March 2010
Issue escalation

            How is policy governance
                    handled?
           What are the communication
...
Keep it
                         simple
Thursday 04 March 2010
Consider all roles




Thursday 04 March 2010
Co-ordinated
        approach




Thursday 04 March 2010
http://
                         www.saidwot.com/
                           what-we-say/


Thursday 04 March 2010
Paul Jacobson
                         Web and digital media lawyer

                            paulj@jacobson.co.za
    ...
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Social Media Marketing Compliance

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Social Media Marketing Compliance

  1. 1. Social media Thursday 04 March 2010
  2. 2. Social media Legal and business challenges informing a social media policy Thursday 04 March 2010
  3. 3. “A powerful global conversation has begun. Through the Internet, people are discovering and inventing new ways to share relevant knowledge with blinding speed. As a direct result, markets are getting smarter—and getting smarter faster than most companies.” The Cluetrain Manifesto (2000) @ cluetrain.com Thursday 04 March 2010
  4. 4. The Web has changed Thursday 04 March 2010
  5. 5. Its about being social ... Thursday 04 March 2010
  6. 6. ... i nt he dig ital a g e. .. Thursday 04 March 2010
  7. 7. ... and increasingly in realtime. Thursday 04 March 2010
  8. 8. The social Web is not just about being shiny happy people ... Thursday 04 March 2010
  9. 9. Your clients are having conversations about you and the things that should matter to you Are you even part of that conversation? Thursday 04 March 2010
  10. 10. customers have new tools and a longer reach Thursday 04 March 2010
  11. 11. customers have new tools and a longer reach Thursday 04 March 2010
  12. 12. Thursday 04 March 2010
  13. 13. ... and so on ... the network effect in social media Thursday 04 March 2010
  14. 14. Thursday 04 March 2010
  15. 15. Thursday 04 March 2010
  16. 16. Google joins the social Web in a big way Thursday 04 March 2010
  17. 17. Thursday 04 March 2010
  18. 18. You suck! ?! Thursday 04 March 2010
  19. 19. Social media = expression Thursday 04 March 2010
  20. 20. Thursday 04 March 2010
  21. 21. Freedom of expression can be liberating Thursday 04 March 2010
  22. 22. Do you have control over the conversation? Thursday 04 March 2010
  23. 23. 09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0 http://bit.ly/diggcodestory Thursday 04 March 2010
  24. 24. Thursday 04 March 2010
  25. 25. Thursday 04 March 2010
  26. 26. Getting the community involved Thursday 04 March 2010
  27. 27. ... it can be a gamble ... Thursday 04 March 2010
  28. 28. Are your employees using ... Thursday 04 March 2010
  29. 29. Are your employees using ... Thursday 04 March 2010
  30. 30. You have to understand social media Sensitive information being disclosed? Thursday 04 March 2010
  31. 31. New(ish) buzzwords brandsquatting Cybersquatting (domain names) typosquatting Thursday 04 March 2010
  32. 32. Manage your content licensing process Thursday 04 March 2010
  33. 33. The problem is that © ≠ sharing Thursday 04 March 2010
  34. 34. There are a couple options Thursday 04 March 2010
  35. 35. Thursday 04 March 2010
  36. 36. Thursday 04 March 2010
  37. 37. Thursday 04 March 2010
  38. 38. Thursday 04 March 2010
  39. 39. Thursday 04 March 2010
  40. 40. Existing law • Bill of Rights (Chapter 32) • Consumer Protection Act • PAIA • ECT Act • RICA Thursday 04 March 2010
  41. 41. “POPIA” Thursday 04 March 2010
  42. 42. Informed consent! Thursday 04 March 2010
  43. 43. Categories of “personal information” Ordinary personal information versus special personal information. Thursday 04 March 2010
  44. 44. Data Protection • Ensure the personal information collected is “complete, not misleading, up to date and accurate”; • Secure integrity of personal information against risk of loss or damage; • Protect against unlawful or unauthorised access or processing; • Identify reasonably foreseeable internal and external risks; • Generally accepted infosec practices and procedures * Principle 6: draft POPIA Thursday 04 March 2010
  45. 45. Privacy policy Thursday 04 March 2010
  46. 46. Thursday 04 March 2010
  47. 47. When employees go astray Thursday 04 March 2010
  48. 48. Building on your success ... Thursday 04 March 2010
  49. 49. or building their own platforms with your tools Thursday 04 March 2010
  50. 50. Potential impact? Thursday 04 March 2010
  51. 51. Harness their passion Thursday 04 March 2010
  52. 52. Stay in the loop Thursday 04 March 2010
  53. 53. Remember its all about relationships Thursday 04 March 2010
  54. 54. Build better legal frameworks Thursday 04 March 2010
  55. 55. Terms of use Don’t forget details like jurisdiction, choice of law and ECT Act compliance webtechlaw.com/anatomy- website-terms-use Thursday 04 March 2010
  56. 56. Ongoing review to ensure terms address new developments Thursday 04 March 2010
  57. 57. Social media policy: framework and structure? Thursday 04 March 2010
  58. 58. Why? Thursday 04 March 2010
  59. 59. You can’t afford to shy away from the social Web anymore Thursday 04 March 2010
  60. 60. The little people are having a profound impact Thursday 04 March 2010
  61. 61. Thursday 04 March 2010
  62. 62. Wide range of tools and services Thursday 04 March 2010
  63. 63. Perspective Thursday 04 March 2010
  64. 64. Give your people direction Thursday 04 March 2010
  65. 65. Case study Thursday 04 March 2010
  66. 66. The Coca-Cola Company Thursday 04 March 2010
  67. 67. Suggestions ... Thursday 04 March 2010
  68. 68. Principles or guidelines Thursday 04 March 2010
  69. 69. Issue escalation How is policy governance handled? What are the communication channels? Where do you look for guidance? Thursday 04 March 2010
  70. 70. Keep it simple Thursday 04 March 2010
  71. 71. Consider all roles Thursday 04 March 2010
  72. 72. Co-ordinated approach Thursday 04 March 2010
  73. 73. http:// www.saidwot.com/ what-we-say/ Thursday 04 March 2010
  74. 74. Paul Jacobson Web and digital media lawyer paulj@jacobson.co.za webtechlaw.com facebook.webtechlaw.com @webtechlaw.com Thursday 04 March 2010
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