Dr. Robert Sprague - Research

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    Dr. Robert Sprague - Research - Presentation Transcript

    1. What does research tell us? What research is needed? Robert Sprague Assistant Professor University of Wyoming College of Business Connect. Public Relations & Social Media Conference University of Georgia Grady College October 19-20, 2007
    2. So many issues. So little time.
      • Employees fired for blogging
      • Employers using Google to screen applicants
      • Defamation and Reputation on the Internet
      • Copyright violations on YouTube
      • Bloggers as journalists
      • Deep linking
    3. Public Relations & Social Media
      • Legal issues
        • Commercial speech
        • Deceptive trade practices
        • Liability for content
    4. Commercial speech
      • Commercial speech is granted limited constitutional protection
        • Subject to regulation
          • Time, place, and content
      • What is commercial speech?
        • Never really defined by the courts
        • But, courts “know it when they see it”
    5. Commercial speech doctrine
      • Originally used to help communities restrict/prevent door-to-door peddlers
      • Traditional concept
        • Communication to propose a commercial transaction
          • I will sell you “X” product for “Y” price
      • Concept has been expanding
        • Statements encouraging a future economic transaction
    6. When is a blog a commercial site? Journalist: They gather, select, and prepare, for purposes of publication to a mass audience, information about current events of interest and concern to that audience. GM’s FastLane blog is a forum for GM executives to talk about GM’s current and future products and services
    7. Walmarting Across America
      • Oops!
        • Should Richard Edelman have known better?
      • Desire to control the message
        • blends independence with commercial backing
          • Is this deceptive?
    8. Deceptive speech
      • Commercial speech doctrine allows the government to prohibit deceptive speech
      • An act or practice is deceptive under federal law if there is a representation or omission of material information that is likely to mislead consumers
        • A representation or omission is material if it is likely to affect consumers’ choice of, or conduct regarding a product
    9. Buzz marketing
      • Buzz marketing is a major area of concern
      • The FTC is particularly concerned with “sponsored” consumers
      • Is it deceptive to fail to disclose that a marketer is paying a sponsored consumer to make claims to other consumers about the marketer’s product?
      • Consumers may reasonably give more weight to statements that sponsored consumers may make about their opinions or experiences with a product based on their assumed independence from the marketer
    10. No definitive guidelines
      • FTC has declined to issue specific guidelines
        • Will make determinations on a case-by-case basis
        • Where there exists a connection between the endorser and seller of the advertised product which might materially affect the weight or credibility of the endorsement, such connection must be fully disclosed
          • Must there be an “advertisement?”
    11. Buzz marketing on the Internet
      • Fake peers
      • Hidden sponsors
      • Pay-to-post
      • Sock puppets
      • Sponsored consumers
      • Assume FTC approach to “traditional” buzz marketing will apply to blogs and social media
      • Sock puppets will be illegal in the EU in 2008
    12. Commercial speech and new media Is Marié engaged in deceptive trade practices? Marié Digby Pop / Rock / Alternative Los Angeles, California United States Profile Views:  157788 Last Login:  9/22/2007                               
    13. Defamation
      • Another restriction on speech
      • A false statement that harms an individual’s reputation in the eyes of the community
        • Accusations of dishonesty, criminality, adultery
      • Historically, publishers have been held immune from liability arising from third party content
        • Bloggers assume they are immune from liability for linking to outside content
    14. New trend in publisher liability
      • What are the risks?
      • Courts are beginning to differentiate between “provider” and “publisher”
        • A provider merely reproduces material without alteration
          • Immunity preserved
        • New view of publisher
          • Making editorial decisions
          • Growing risk that minor editing of third party content may destroy immunity
    15. New areas of research?

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