This document discusses the legal risks of social media and networking for businesses. It covers commercial law issues like advertising laws and regulations, anti-social networking, and copyright issues. It also discusses employment law risks for businesses related to using social media for pre-employment vetting and verifying employee absences, as well as risks related to employee misuse of social media like harassment, damage to brand reputation, and breaching confidentiality. It stresses the importance of businesses having a social media policy to manage these risks and ensure compliance.
Your Best Practice Guide to Social Media and the LawNexus Publishing
This document provides a guide for marketers on social media and the law. It discusses several legal issues that marketers must be aware of when using social media, including copyright infringement, intellectual property rights, defamation, data protection, and more. The document outlines existing legislation like the Data Protection Act and discusses how these laws apply to social media use. It emphasizes that marketers must have a strong understanding of the legal issues to ensure social media campaigns comply with all relevant regulations and laws.
1. Behavioral advertising is a form of online advertising where ads are selected based on websites visited, actions taken, or user information to target users.
2. There is debate around whether behavioral advertising violates privacy laws and if self-regulation is sufficient given consumers' growing awareness of privacy issues related to targeted ads.
3. While industry argues that legislation could harm innovation, privacy advocates and lawmakers support regulations to increase transparency around data collection and use for behavioral advertising. Monitoring and evidence are needed to ensure self-regulatory principles are followed.
Online Behavioral Advertising (OBA) Legal & Regulatory ComplianceAdler Law Group
Online behavioral advertising involves the collection of data about individuals' online activities in order to deliver targeted advertisements. While this allows for personalized ads, many users are concerned about privacy and a lack of anonymity online. Both regulators and legislators have responded by introducing laws and guidelines to increase transparency, consent, and security around the collection and use of personal data for behavioral advertising. Industry groups have also developed self-regulatory principles, but enforcement of these is ongoing.
The document discusses various ethical issues related to e-marketing. It describes different types of e-marketing such as affiliate marketing, banner ads, search engine optimization, pay-per-click ads, email marketing and social media marketing. It also discusses privacy, data collection, spam, hoaxes and other issues and how marketers need to balance business goals with ethical practices when conducting e-marketing.
This document discusses media and ethics. It defines media as a mode used to exchange information, which can be written, non-written, or electronic. Ethics are described as how beliefs about right and wrong influence behavior. The relationship between media and ethics is explored, noting that media has power to influence society so it must be compatible with ethical standards. Some unethical behaviors are outlined, such as misleading the public or promoting fraud. The document concludes with responsibilities of media to work ethically and solutions like introducing codes of ethics, laws, and education.
Common provisions in social media policies include: (1) using common sense and avoiding misleading posts, (2) not disclosing confidential or proprietary information, (3) not disclosing material nonpublic information, (4) complying with company policies and applicable law, and (5) identifying your affiliation when discussing the company. These provisions aim to prevent legal issues like false advertising, insider trading, and privacy violations while using social media.
Your Best Practice Guide to Social Media and the LawNexus Publishing
This document provides a guide for marketers on social media and the law. It discusses several legal issues that marketers must be aware of when using social media, including copyright infringement, intellectual property rights, defamation, data protection, and more. The document outlines existing legislation like the Data Protection Act and discusses how these laws apply to social media use. It emphasizes that marketers must have a strong understanding of the legal issues to ensure social media campaigns comply with all relevant regulations and laws.
1. Behavioral advertising is a form of online advertising where ads are selected based on websites visited, actions taken, or user information to target users.
2. There is debate around whether behavioral advertising violates privacy laws and if self-regulation is sufficient given consumers' growing awareness of privacy issues related to targeted ads.
3. While industry argues that legislation could harm innovation, privacy advocates and lawmakers support regulations to increase transparency around data collection and use for behavioral advertising. Monitoring and evidence are needed to ensure self-regulatory principles are followed.
Online Behavioral Advertising (OBA) Legal & Regulatory ComplianceAdler Law Group
Online behavioral advertising involves the collection of data about individuals' online activities in order to deliver targeted advertisements. While this allows for personalized ads, many users are concerned about privacy and a lack of anonymity online. Both regulators and legislators have responded by introducing laws and guidelines to increase transparency, consent, and security around the collection and use of personal data for behavioral advertising. Industry groups have also developed self-regulatory principles, but enforcement of these is ongoing.
The document discusses various ethical issues related to e-marketing. It describes different types of e-marketing such as affiliate marketing, banner ads, search engine optimization, pay-per-click ads, email marketing and social media marketing. It also discusses privacy, data collection, spam, hoaxes and other issues and how marketers need to balance business goals with ethical practices when conducting e-marketing.
This document discusses media and ethics. It defines media as a mode used to exchange information, which can be written, non-written, or electronic. Ethics are described as how beliefs about right and wrong influence behavior. The relationship between media and ethics is explored, noting that media has power to influence society so it must be compatible with ethical standards. Some unethical behaviors are outlined, such as misleading the public or promoting fraud. The document concludes with responsibilities of media to work ethically and solutions like introducing codes of ethics, laws, and education.
Common provisions in social media policies include: (1) using common sense and avoiding misleading posts, (2) not disclosing confidential or proprietary information, (3) not disclosing material nonpublic information, (4) complying with company policies and applicable law, and (5) identifying your affiliation when discussing the company. These provisions aim to prevent legal issues like false advertising, insider trading, and privacy violations while using social media.
The document discusses the growing use and importance of social media for insurance companies. It notes that baby boomer social media use has risen 20% in the last year. It provides tips for using social media offensively to promote brands and defensively to monitor criticism. It emphasizes the importance of listening to customers, building communities, and using social media data. It also warns of regulatory and legal issues insurance companies need to consider regarding social media use and monitoring.
Unintended Consequences of Risk Reporting_GearyJoop Final_1Joop Remmé Ph.D.
The document discusses three questions regarding corporate risk reporting and social responsibility: 1) Is it a company's responsibility to conduct comprehensive risk assessments? 2) Does a company's conscience obligate them to disclose risk assessment results? 3) How can companies communicate risk information to stakeholders while preserving security? The authors posit that risk assessments can help companies learn and adapt their behaviors. However, disclosing information fully risks security, while withholding too much damages stakeholder relationships. Companies must carefully balance transparency, protection, and building trust.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Trusted Download Program: A Year in the Trenches - How Trusted Downloads Make...TRUSTe
The document summarizes a presentation about TRUSTe's Trusted Download Program. The program aims to promote transparency and accountability for software downloads. It establishes industry standards for notice, consent, uninstall procedures, and bans unacceptable behaviors like fraud. Participants receive TRUSTe's seal, which studies show increases conversion rates. The program involves proactive monitoring of distributors to ensure compliance as financial incentives exist for abuse. It also helps address privacy and security concerns that reduce consumer trust online.
The document discusses the "symbiotic web" model which describes the mutually dependent relationship between individuals and commercial enterprises on the internet. Enterprises have built business models reliant on collecting and using personal data, while individuals depend on free access to many online services. However, this relationship can become parasitic as more data is collected covertly and used in more ways, potentially threatening individuals' privacy and autonomy. The document examines issues around data gathering and uses, competitive pressures in the digital economy, and possible solutions like strengthening privacy laws and users' control over their data.
The document discusses how companies are addressing risks associated with social media use. It outlines several approaches companies are taking, including: 1) reviewing existing compliance policies and drafting social media policies; 2) restricting workplace access to social media; 3) utilizing social media monitoring tools; 4) considering actual social media business issues; and 5) reviewing insurance coverage. Common elements of social media policies include identifying when employees are speaking on behalf of the company and requiring accuracy, among other guidelines.
Is ethical business possible in futureSAKIBBAGWAN1
This document discusses ethics in business and the challenges posed by new technologies. It addresses approaches to ethics like deontology and teleology. Responsibility for ethics falls on boards, managers and individuals. Case studies of FaceApp and Cambridge Analytica are presented showing issues of user privacy and data use. Transparency is key to building trust. Recommendations include developing ethical standards, understanding new regulations, and consumers being more attentive. Overall the document examines how ethics can be maintained in business given the realities of big data, artificial intelligence and evolving technologies.
This document provides an overview of best practices for social marketing that puts consumers first. It discusses considering platforms and programs used, avoiding common myths, and addressing privacy concerns. Best practices include thinking carefully, creating standardized processes, providing disclosures and documentation, and monitoring programs. The current regulatory landscape for privacy is also examined, with the future expected to bring more comprehensive privacy laws in various jurisdictions. Enforcement of regulations is increasing, so marketers must develop a culture of compliance.
This document discusses issues around personal privacy and data collection online. It argues that individuals have a reasonable expectation of privacy in communications, and that corporations collecting user data have a responsibility to protect privacy. While targeted advertising supports free services, user data could also be misused. The document proposes that services could implement privacy protections like encryption by default to give users informed consent over how their data is used and ensure data security. Balancing privacy concerns with the need for advertising revenue models is complex, but modern users increasingly demand stronger privacy controls from online corporations.
The document discusses the need for businesses to update their cyber security policies due to shifts in communication technologies and regulations. Real-time communication apps now dominate personal and work communications, exposing businesses to new threats. Regulations like the EU's GDPR also extend security requirements. The document advocates developing clear, multi-layered cyber security policies that recognize cyber criminals operate via value chains and that reasonable protections are needed to comply with regulations and withstand legal scrutiny if breached.
I4ADA 2019 - Accountability, Social Media & JournalismPaul van Heel
See https://i4ada.org for additional information and videorecordings of the presentations held at the Hague Summit for Accountability in the Digital Age-
ethical,social and poltical issues in E-commerceraviteja reddy
Ethical, social, and political issues can impact e-commerce businesses. Ethically, issues like privacy invasion, online piracy, and copyright infringement must be addressed. Socially, security, privacy, and shipping issues can affect customer confidence. Politically, changes in taxes, regulations, and political stability can influence business operations. Analyzing these factors is important for assessing risks and making informed decisions.
I4ADA 2019 - presentation Catherine Garcia-van HoogstratenPaul van Heel
See https://i4ada.org for additional information and videorecordings of the presentations held at the Hague Summit for Accountability in the Digital Age
Blake Lapthorn Social Media seminar 12 October 2011Blake Morgan
This document summarizes some key legal and practical issues related to the use of social media in employment and for marketing purposes. It discusses types of social media and their usage statistics. It outlines potential legal risks of social media use in areas like misconduct, data protection, human rights, and liability. It provides recommendations for managing risks through clear policies on social media use, contracts, user terms, and ensuring compliance with advertising, consumer protection and data privacy laws. The document aims to help businesses and individuals navigate the legal landscape of using social media.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Mapping Organizational Roles and Responsibilities for Social Media RiskMohamed Mahdy
This document outlines a framework for assigning organizational roles and responsibilities for managing social media risk. It discusses how social media has created both opportunities and risks for companies through increased customer engagement. While many companies are actively using social media, it is less clear who within these organizations is responsible for identifying, managing and mitigating the various risks associated with social media use, such as damage to brand reputation. The document proposes defining specific roles and responsibilities for social media risk management and providing those roles with appropriate tools to be successful.
Mapping Organizational Roles & Responsibilities for Social Media Risk- Mark - Fullbright
This document outlines a framework for assigning roles and responsibilities to manage social media risk within organizations. As social media opens new opportunities for engagement, it also exposes brands to risks like reputation damage, privacy issues, and regulatory violations. While marketers have focused on capitalizing on opportunities, it is less clear who manages the associated risks. The document argues that to maximize the value of social media while mitigating risks, organizations must clearly define which roles will oversee social media risk management and their specific responsibilities. This includes providing those roles with proper tools to identify, manage and mitigate social risks.
This document summarizes key legal issues related to using social media. It discusses potential liability for defamation, copyright infringement, privacy breaches, and more. It provides an overview of relevant laws and outlines strategies for companies to mitigate risks, including developing social media policies and educating employees on compliance. Prudent risk management is advised, such as taking down unlawful content, obtaining legal advice, and purchasing media liability insurance.
Social media can create relevance and connect you to your audience, but does it create legal issues for your organization as well? Learn more about social media and what legal issues you need to be aware of.
Social Media in Future.pdf
This presentation contributes brief scopes of social media in the Immediate, Near, and Far Future through filters of Consumers, Industries, and Public policies.
This document discusses the opportunities and risks of using social media for businesses. It provides statistics on social media usage and examples of companies using social media platforms like Facebook, LinkedIn and Twitter successfully. However, it also outlines the legal and compliance risks businesses need to consider, such as privacy, defamation and regulatory issues. It stresses the importance of having social media policies and training employees on proper usage.
The document discusses managing risks associated with social media use. It identifies common social media risks like damage to reputation, privacy issues, and legal liabilities. It recommends developing a social media strategy and policy to guide appropriate use and address risks. It also stresses the importance of listening to social media discussions, having a crisis communication plan, and obtaining proper insurance to cover social media activities. The overall message is that not participating in social media also carries risks, so organizations should thoughtfully engage with social media while mitigating potential downsides.
The document discusses the growing use and importance of social media for insurance companies. It notes that baby boomer social media use has risen 20% in the last year. It provides tips for using social media offensively to promote brands and defensively to monitor criticism. It emphasizes the importance of listening to customers, building communities, and using social media data. It also warns of regulatory and legal issues insurance companies need to consider regarding social media use and monitoring.
Unintended Consequences of Risk Reporting_GearyJoop Final_1Joop Remmé Ph.D.
The document discusses three questions regarding corporate risk reporting and social responsibility: 1) Is it a company's responsibility to conduct comprehensive risk assessments? 2) Does a company's conscience obligate them to disclose risk assessment results? 3) How can companies communicate risk information to stakeholders while preserving security? The authors posit that risk assessments can help companies learn and adapt their behaviors. However, disclosing information fully risks security, while withholding too much damages stakeholder relationships. Companies must carefully balance transparency, protection, and building trust.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Trusted Download Program: A Year in the Trenches - How Trusted Downloads Make...TRUSTe
The document summarizes a presentation about TRUSTe's Trusted Download Program. The program aims to promote transparency and accountability for software downloads. It establishes industry standards for notice, consent, uninstall procedures, and bans unacceptable behaviors like fraud. Participants receive TRUSTe's seal, which studies show increases conversion rates. The program involves proactive monitoring of distributors to ensure compliance as financial incentives exist for abuse. It also helps address privacy and security concerns that reduce consumer trust online.
The document discusses the "symbiotic web" model which describes the mutually dependent relationship between individuals and commercial enterprises on the internet. Enterprises have built business models reliant on collecting and using personal data, while individuals depend on free access to many online services. However, this relationship can become parasitic as more data is collected covertly and used in more ways, potentially threatening individuals' privacy and autonomy. The document examines issues around data gathering and uses, competitive pressures in the digital economy, and possible solutions like strengthening privacy laws and users' control over their data.
The document discusses how companies are addressing risks associated with social media use. It outlines several approaches companies are taking, including: 1) reviewing existing compliance policies and drafting social media policies; 2) restricting workplace access to social media; 3) utilizing social media monitoring tools; 4) considering actual social media business issues; and 5) reviewing insurance coverage. Common elements of social media policies include identifying when employees are speaking on behalf of the company and requiring accuracy, among other guidelines.
Is ethical business possible in futureSAKIBBAGWAN1
This document discusses ethics in business and the challenges posed by new technologies. It addresses approaches to ethics like deontology and teleology. Responsibility for ethics falls on boards, managers and individuals. Case studies of FaceApp and Cambridge Analytica are presented showing issues of user privacy and data use. Transparency is key to building trust. Recommendations include developing ethical standards, understanding new regulations, and consumers being more attentive. Overall the document examines how ethics can be maintained in business given the realities of big data, artificial intelligence and evolving technologies.
This document provides an overview of best practices for social marketing that puts consumers first. It discusses considering platforms and programs used, avoiding common myths, and addressing privacy concerns. Best practices include thinking carefully, creating standardized processes, providing disclosures and documentation, and monitoring programs. The current regulatory landscape for privacy is also examined, with the future expected to bring more comprehensive privacy laws in various jurisdictions. Enforcement of regulations is increasing, so marketers must develop a culture of compliance.
This document discusses issues around personal privacy and data collection online. It argues that individuals have a reasonable expectation of privacy in communications, and that corporations collecting user data have a responsibility to protect privacy. While targeted advertising supports free services, user data could also be misused. The document proposes that services could implement privacy protections like encryption by default to give users informed consent over how their data is used and ensure data security. Balancing privacy concerns with the need for advertising revenue models is complex, but modern users increasingly demand stronger privacy controls from online corporations.
The document discusses the need for businesses to update their cyber security policies due to shifts in communication technologies and regulations. Real-time communication apps now dominate personal and work communications, exposing businesses to new threats. Regulations like the EU's GDPR also extend security requirements. The document advocates developing clear, multi-layered cyber security policies that recognize cyber criminals operate via value chains and that reasonable protections are needed to comply with regulations and withstand legal scrutiny if breached.
I4ADA 2019 - Accountability, Social Media & JournalismPaul van Heel
See https://i4ada.org for additional information and videorecordings of the presentations held at the Hague Summit for Accountability in the Digital Age-
ethical,social and poltical issues in E-commerceraviteja reddy
Ethical, social, and political issues can impact e-commerce businesses. Ethically, issues like privacy invasion, online piracy, and copyright infringement must be addressed. Socially, security, privacy, and shipping issues can affect customer confidence. Politically, changes in taxes, regulations, and political stability can influence business operations. Analyzing these factors is important for assessing risks and making informed decisions.
I4ADA 2019 - presentation Catherine Garcia-van HoogstratenPaul van Heel
See https://i4ada.org for additional information and videorecordings of the presentations held at the Hague Summit for Accountability in the Digital Age
Blake Lapthorn Social Media seminar 12 October 2011Blake Morgan
This document summarizes some key legal and practical issues related to the use of social media in employment and for marketing purposes. It discusses types of social media and their usage statistics. It outlines potential legal risks of social media use in areas like misconduct, data protection, human rights, and liability. It provides recommendations for managing risks through clear policies on social media use, contracts, user terms, and ensuring compliance with advertising, consumer protection and data privacy laws. The document aims to help businesses and individuals navigate the legal landscape of using social media.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Mapping Organizational Roles and Responsibilities for Social Media RiskMohamed Mahdy
This document outlines a framework for assigning organizational roles and responsibilities for managing social media risk. It discusses how social media has created both opportunities and risks for companies through increased customer engagement. While many companies are actively using social media, it is less clear who within these organizations is responsible for identifying, managing and mitigating the various risks associated with social media use, such as damage to brand reputation. The document proposes defining specific roles and responsibilities for social media risk management and providing those roles with appropriate tools to be successful.
Mapping Organizational Roles & Responsibilities for Social Media Risk- Mark - Fullbright
This document outlines a framework for assigning roles and responsibilities to manage social media risk within organizations. As social media opens new opportunities for engagement, it also exposes brands to risks like reputation damage, privacy issues, and regulatory violations. While marketers have focused on capitalizing on opportunities, it is less clear who manages the associated risks. The document argues that to maximize the value of social media while mitigating risks, organizations must clearly define which roles will oversee social media risk management and their specific responsibilities. This includes providing those roles with proper tools to identify, manage and mitigate social risks.
This document summarizes key legal issues related to using social media. It discusses potential liability for defamation, copyright infringement, privacy breaches, and more. It provides an overview of relevant laws and outlines strategies for companies to mitigate risks, including developing social media policies and educating employees on compliance. Prudent risk management is advised, such as taking down unlawful content, obtaining legal advice, and purchasing media liability insurance.
Social media can create relevance and connect you to your audience, but does it create legal issues for your organization as well? Learn more about social media and what legal issues you need to be aware of.
Social Media in Future.pdf
This presentation contributes brief scopes of social media in the Immediate, Near, and Far Future through filters of Consumers, Industries, and Public policies.
This document discusses the opportunities and risks of using social media for businesses. It provides statistics on social media usage and examples of companies using social media platforms like Facebook, LinkedIn and Twitter successfully. However, it also outlines the legal and compliance risks businesses need to consider, such as privacy, defamation and regulatory issues. It stresses the importance of having social media policies and training employees on proper usage.
The document discusses managing risks associated with social media use. It identifies common social media risks like damage to reputation, privacy issues, and legal liabilities. It recommends developing a social media strategy and policy to guide appropriate use and address risks. It also stresses the importance of listening to social media discussions, having a crisis communication plan, and obtaining proper insurance to cover social media activities. The overall message is that not participating in social media also carries risks, so organizations should thoughtfully engage with social media while mitigating potential downsides.
This chapter discusses the relationship between social media and advertising/marketing practices and how to protect brands. It notes that marketers are drawn to social media because of the large number of people using the internet and social media sites. However, social media also presents risks to brands as consumers can discuss, review and parody companies online. The chapter explores ways companies are using social media to increase brand awareness, such as branded channels and promotions, as well as using social media to foster brand engagement and interaction through customer service, reviews and user-generated content. It notes the legal implications companies must consider when using social media for marketing and advertising purposes.
FDIC - Social Media - Managing your business risk related to social mediaSerge Milman
This document discusses managing risks related to social media for businesses that contract with the government. It identifies that both government agencies and contractors are at risk if unauthorized information is released via social media by employees. It recommends that businesses establish social media policies, provide employee training, monitor employee social media use, and designate a social media authority to help protect sensitive information and ensure proper use of social media.
Addressing Specific Challenges And E Media In Fs Alpesh DoshiAlpesh Doshi
This document discusses the challenges of using social media in financial services. It addresses regulatory issues around advertising financial products on social media and ensuring communications are clear, fair, and not misleading. It also covers managing legal risks around data privacy, liability, and employee use of social media. Finally, it emphasizes the importance of involving compliance from the start to address these issues and monitor social media use.
The document discusses navigating social media for regulated industries such as insurance. It advises taking a balanced approach of both offense and defense when participating in social media. Key recommendations include developing a strategic roadmap with legal counsel, training staff, monitoring activities, and integrating social media carefully into the marketing mix while considering stakeholders, messages, media channels, and potential liabilities. The risks of not participating or doing so ineffectively increase over time, so companies should experiment slowly with a thoughtful plan rather than no plan at all.
Presentation from Robert Morris University's Bayer Center's TechNow11 conference on why you need social media policies and ways for a nonprofit to minimize risk.
The document discusses social media and ethics. It begins by providing statistics on the growth and usage of major social media platforms like Facebook, Twitter, LinkedIn, and YouTube. It then defines different social media platforms and explores how to develop a social media presence and policy for organizations. The document also covers potential issues with social media, such as privacy and the monitoring of employees' accounts. It concludes by discussing whether and how law firms can ethically use social media for marketing, public relations, and research.
Technow 2011 Presentation on Social Media Policies & Risk Managementtwhiteman
Co-presentation with Dave Tinker, CFRE as a breakout session at Technow 2011 presented by The Bayer Center for Nonprofit Management at Robert Morris University.
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
This document discusses the risks insurance agencies face from using social media and provides tips for risk management. Potential errors from social media include transactions outside established procedures, providing incorrect advice, defamation, and breaching personally identifiable customer information. The document recommends agencies establish a clear social media policy and train employees on proper use of social media to address these risks, while following advertising regulations and maintaining documentation.
Social Media and the Law with Andrew Rosenman, partner, Mayer Brown Law Firm ...Social Media Rockstar
This document discusses various employment law issues related to social media. It begins by noting the significant risks employers face from the growth of social media, including public relations issues and legal liability. It then addresses legal issues regarding screening candidates' social media, monitoring current employees' social media, and references for former employees. The document provides recommendations for employers, such as having a clear social media policy and training employees on it. It concludes by discussing National Labor Relations Board limits on social media policies.
1. Look before you Tweet
Managing the Legal Risks of
Social Media and Social Networking
for Business
23 March 2012
Roger Bull
Andrew Tibber
2. Introduction
Commercial Law Issues – Andrew Tibber
Employment Law Issues – Roger Bull
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
3. Commercial law issues
Advertising Laws and Regulation
Anti-Social Networking
Copyright
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
4. Advertising Laws and Regulation
Advertising Standards Authority (ASA) - UK’s independent regulator
CAP Code on Non-Broadcast Advertising, Sales Promotion and Direct
Marketing
Marketing communications should be “legal, decent, honest and
truthful”
“Non-Broadcast” extends to advertising and other marketing
communications:
- on company website or other “non-paid for space online” under
company control
- directly connected with the supply or transfer of goods, services,
opportunities or gifts
- in user-generated content if “adopted and incorporated” within own
marketing communications
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
5. Advertising Laws and Regulation
Marketing communications should be “obviously identifiable as such” (r 2.1)
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
6. Advertising Laws and Regulation
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
7. Advertising Laws and Regulation
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
8. Advertising Laws and Regulation
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
9. Advertising Laws and Regulation
Offences:
- Consumer Protection from Unfair Trading Regulations 2008
- Business Protection from Misleading Marketing Regulations 2008
Enforced by the Office of Fair Trading
Handpicked Media (2010) – commercial engagement of bloggers
OFT identified infringements under CPUTR 2008:
- failure to disclose material information that the promotion had been
paid for (reg 6)
- use of editorial content to promote a product without making clear
that Handpicked Media had paid for the promotion (Sch 1, para 11)
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
10. Anti-social networking
Monitor, evaluate, identify and remedy
Is it libel or “saloon bar moanings”? Substantial harm?
Could action be counter-productive?
Can you identify the author?
Self-help: Does the host have a reporting procedure?
Is there a threat of violence?
Consider your own liability for hosting defamatory content
Remedy – be careful what you wish for
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
11.
12.
13. Copyright
Copyright subsists in original literary, dramatic, musical or
artistic works (CDPA 1988, s 1)
Newspaper headlines/extracts are capable of being protected
by copyright
Copyright in a work is infringed by a person who copies the
whole or a substantial part of the work without the licence of
the copyright owner
(s 16)
Fair dealing for the purpose of criticism, review and news
reporting is permitted provided accompanied by sufficient
acknowledgement (s 30)
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
14. Copyright
Re-tweets
Publication of links
Deep-linking
Pinterest
Ownership of UGC
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
15. Employment law issues
- What is social media?
- Employment law risks
- How to manage the risk
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
16. Introduction
What is social media?
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
17. Introduction
Why are there issues for business?
- conflict between business opportunities and
risks
- positive use of social media
- legal risks of social media
- technology ahead of the law
- blurring the line between the personal and the
professional
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
18. The internet and social media
One in three on the planet use the internet
Over two billion people
Over 800 million Facebook users
1 in every 6 Internet pages viewed in the UK is a Facebook page
200 million Twitter users
Linkedin reached 120 million users in 2011
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
19. Social Media – Employment Law Risks
Employers’ Use
Pre-employment vetting
- Data Protection Act/Human Rights
- Discrimination
Verifying absence
- Data Protection
- Trust and confidence
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
20. Social Media – Employment Law Risks
Employees’ (mis)use
- Vicarious liability
- Misconduct outside of workplace
- Cyber bullying and harassment
- Damage to brand/reputation
- Cyber-slacking
- Breach of confidentiality
- Breach of restrictive covenants
- Unfair dismissal
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
21. Social media policy - ensuring
compliance
Have a stand-alone policy
Inter-relation with other policies:
- IT
- confidentiality
- code of conduct
- anti-harassment/bullying
- equal opportunities
- data protection
- disciplinary
- grievance
- recruitment
Clear consequences for breach (Preece v
JD Wetherspoons)
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
22. Social media policy – Why bother?
To set out your expectations
To provide guidelines on acceptable use
To confirm who is covered
- employees and contractors
- in and out of work
To ensure compliance with DPA
To support remedial action
To protect the company
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
23. Social media policy - enforcement
Policy is only as good as enforcement
- ensure widely available and understood
- monitor
- take action to enforce
- be consistent
Introduce training
Ongoing review
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
24. Social Media: Conclusion
Significant business opportunities
Significant business risks
Governance role to ensure risks are managed
The Solution: A Social Media Policy
Look Before you Tweet: Managing the Legal Risks
of Social Media and Social Networking for Business
25. Lookpresentation gives general information only and isadvice. We dotonot accept any liability to anyonethe law. Although we content. care
This Before you Tweet: Managingintended be an exhaustive statement of
over the information, you should not rely on it as legal
not the Legal Risks
who does rely on its
have taken
of Social Media and Social Networking for Business