Sharpen your social media skills

Tuesday 22 September 2015, DMA House
@DMA_UK #dmasocial
Sharpen your social media skills

Welcome from the Chair
Louise Goulden, Social Media Director, Blonde
@GouldenRules @blondedigital
@DMA_UK #dmasocial

Agenda
9.00am Welcome from the Chair
9.05am Keeping your social media legal
Ben Dunham, Associate, Osborne Clarke
9.30am Maximising engagement
Lynsey Sweales, CEO, SocialB
9.55am Break
10.05am Digging out the data
Joel Davis, Founder & Director, agency:2
10.20am Where you live in social
Dale Archer, Head of Marketing, The IDM
10.30am Panel discussion
10.55am Closing comments
11.00am Close

Keeping your #socialmediacampaign legal
@OsborneClarke
@DMA_UK #dmasocial

osborneclarke.com
The next 25 minutes…
• Legal back to basics
• Social media marketing – recent examples and lessons
• Twitter, Facebook and Pinterest promotions
5

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Legal back to basics
• Consumer Protection from Unfair Trading Regulations
2008
• CAP Code
• IP and User Generated Content
6

osborneclarke.com
Consumer Protection from Unfair Trading Regulations 2008 ("CPRs")
• Applies to:
– 'any act, omission, course of conduct, representation or commercial communication (including
advertising and marketing) by a trader which is directly connected with the promotion, sale or
supply of a product to or from consumers'
• Prohibits:
– Misleading actions;
– Misleading omissions;
– Aggressive commercial practices; and
– Any practice listed in Schedule 1 of CPRs.
• The most relevant to social media are:
 'using editorial content in the media to promote a product where a trader has paid for
the promotion without making that clear in the content or by images or sounds clearly
identifiable by the consumer (advertorial)' (Sch 1, para 11)
 'falsely claiming or creating the impression that the trader is not acting for purposes
relating to his trade, business, craft or profession, or falsely representing oneself as a
consumer' (Sch 1, para 22)
7

osborneclarke.com
Consumer Protection from Unfair Trading Regulations 2008 ("CPRs")
"Online advertising and marketing practices that do not disclose that they include
paid-for promotions are deceptive under fair trading laws …. This includes comments
about services and products on website blogs and microblogs such as Twitter. We
expect online advertising and marketing campaigns to be transparent so consumers
can clearly tell when blogs, posts and microblogs have been published in return for
payment or payment in kind." (OFT , Jan 2011)
• Consequences of breach of CPUTR:
– Criminal liability up to:
o £5,000 on summary conviction
o Unlimited fine and/or 2 years' imprisonment on indictment
– Publicly enforced by Trading Standards and CMA
– Consumers can also enforce CPUTR (if can show a misleading action on the
part of the marketer)
8

osborneclarke.com
CAP Code
Penalties:
• Full case report published online
• Removal of paid-for search linking to relevant page
• ASA has paid-for ads on search engines, highlighting advertiser's non compliance
• Marketers who regularly breach can be referred to Trading Standards, who has the
power to issue fines.
9
UK Code of Non-broadcast
Advertising, Sales Promotion
and Direct Marketing ("CAP
Code")
• enforced by the Advertising Standards Authority
(ASA)
• applies to any marketing activity in social media
provided it is: "under the advertiser's control and
directly connected with the supply or transfer of
goods, services, opportunities and gifts"
• non-paid for space expressly within remit (i.e.
social media platforms)

osborneclarke.com
CAP Code – relevant provisions
• General:
– marketing 'must be obviously identifiable as such' (para 2.1)
– marketing 'must not falsely claim or imply that the marketer is acting as a consumer or for purposes outside its
trade, business, craft or profession … [and] must make clear their commercial intent, if that is not obvious from the
context' (para 2.3)
– 'Marketers and publishers must make clear that advertorials are marketing' (para 2.4)
• Testimonials/endorsements:
– 'Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication
is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it'
(para 3.45)
– 'Marketers must not feature a testimonial without permission' (para 3.48)
• Privacy:
– 'Marketers must not unfairly portray or refer to anyone in an adverse or offensive way unless that person has given
the marketer written permission to allow it' (para 6.1)
– 'Marketers are urged to obtain written permission before referring to or portraying a member of the public' (para 6.1)
11

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IP & User Generated Content
• Get the rights you need
• IP rights – ownership or licence?
• Third party rights/clearances?
• Know the source of UGC
12

osborneclarke.com
Social media marketing
Recent examples and lessons
 Moonlight Apartment Durham v the ASA (April 2012)
 Hi Spirits Ltd v the ASA (July 2013)
 Toni and Guy v the ASA (July 2012)
 Mars (Snickers) v the ASA (March 2012)
 Procter & Gamble (Max Factor) v ASA (May 2015)
13

osborneclarke.com
Moonlight Apartment Durham v ASA (April 2012)
Testimonials without documentary evidence
• The MAD website advertised 'Durham's most luxurious self-catering apartment'.
• 'Testimonials' page contained an embedded TripAdvisor widget but also had standalone reviews
below this (which appeared to be lifted from TripAdvisor).
• The complaint: KwikChex Ltd complained to the ASA that MAD could not prove that one of the
positive reviews was genuine.
• The response: MAD provided a screenshot of the original review on TripAdvisor but emphasised
that it is not always possible to identify which of their guests had written each TripAdvisor review.
• The decision: Complaint upheld. Contact details of the person providing the review and proof
that the testimonial is genuine are needed pre-publication.
• Point to note: As soon as you incorporate a review into your own content (e.g. retweet or a
quote on a post), the CAP Code requirements will apply. Ensure that you have the relevant
evidence to show that the review is genuine.
14

osborneclarke.com
Hi Spirits v ASA (July 2013)
Linking to third party content
• Facebook page for Fireball Whiskey contained posts with links to various university students' "day in
the life" blogs which referred to getting drunk cheaply, e.g.:
"all good students know there's only one way to get as drunk as we want without being broke the next
day and the answer, of course, pre drinks"
• Some Fireball posts stated that "the views in this blog do not necessarily represent the views of
Fireball [...] Fireball encourages everybody to drink responsibly"
• The complaint: The posts were ads which encouraged excessive drinking.
• The decision: Complaint upheld. The blogs clearly encouraged excessive drinking.
• Points to note:
– By providing links to the blogs in the FB posts, the blog content was deemed to be part of the post,
even though the blogs were written by independent authors.
– Be aware that you could, in certain circumstances be responsible for third party content.
– Check third party content is appropriate.
15

osborneclarke.com
Toni & Guy v ASA (July 2012)
Celebrity Twitter posts
• The complaint: Gemma Collins' tweets were not identifiable as marketing:
"10% off @Toniandguylside I have the most amazeballs hair colour and condition best
salon ever call and say #gemma for discount xx"
• The response: Toni & Guy argued that Gemma had come into a salon, been happy
with a haircut and they had suggested she tweet and offer a discount – it was not part of
a formal ad campaign. Nevertheless, the mention of a 10% discount made it clear that
the tweets were marketing communications.
• The decision: Complaint upheld. The CAP Code does not just require ads to be
identifiable as marketing communications, they must be obviously identifiable as such.
• Point to note: Think about whether an average user, seeing a post as part of a
newsfeed full of posts, would immediately identify the post as marketing. In not, use
#ad.
16

osborneclarke.com
Mars v the ASA (March 2012)
• Rio Ferdinand, Katie Price & others start posting a series of 5 odd Tweets ending with their photo
with a Snickers bar:
• Rio: “Really getting into the knitting!!! Helps me relax after high-pressure world of the Premiership”
• Katie: “Large scale quantitative easing in 2012 could distort liquidity of govt. bond market. #justsayin”
• Last Tweets said @snickersUK #hungry #spon:
17

osborneclarke.com
Mars v the ASA (March 2012)
• The complaint: Not obviously identifiable as marketing
• The response: Either:
a) only the last Tweet should be viewed as marketing (as no reference to Mars,
Snickers or any other marketing content); or
b) the string of Tweets should be viewed as one marketing communication (as all
posted over the space of an hour) and first 4 only became marketing when the last
was revealed.
• The decision: Complaint not upheld. ASA rejected explanation b) but held that the first four Tweets
were 'teasers' posted in quick succession and that the final 'reveal' Tweet was sufficient to make it
clear that they were advertising.
• Points to note:
– When celebrity posts are part of a campaign but are not obviously identifiable as marketing, use
an identifier (e.g. #ad) to avoid this type of complaint.
– Mars only escaped due to the context of this specific campaign.
18

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19
Procter & Gamble (Max Factor) v ASA (May 2015)
Teaming up with YouTube vloggers
The content:
• "Easy Lip Makeup Tutorials for Winter Time" video by fashion model/vlogger Ruth Crilly.
• Featured six Max Factor products + other brands.
The disclosures:
• Text at the start of the vlog said:
"Sponsored by BEAUTY RECOMMENDED, brought to you by Procter & Gamble"
• The vlog description (after 'show more' had been clicked to expand it):
‒ listed all six Max Factor products featured;
‒ gave a link to buy the products via the online shop SuperSavvyMe; and
‒ stated (at the end) "Sponsored by BEAUTY RECOMMENDED, brought to you by Procter & Gamble"
The complaint: The vlog was not obviously identifiable as a marketing communication.

osborneclarke.com
20
Procter & Gamble (Max Factor) v ASA (May 2015)
Teaming up with YouTube vloggers
• The decision: Complaint upheld:
‒ The Beauty Recommended channel was owned by P&G (who owned Max Factor) – they had
editorial control of content.
‒ Despite disclosures, viewers would not necessarily realise this prior to engagement.
‒ 'Sponsored by' or 'brought to you by' did not make the marketing nature clear.
• Points to note:
• Consider whether your content is obviously identifiable as marketing.
• If not, a suitable disclosure or label should be added:
‒ This must emphasise the commercial nature – is it clear that the content was created by the brand?
‒ 'Sponsored by' will not be sufficient if the brand has editorial control.
‒ Ideally use #ad so that it is clear to consumers before engagement with the content (i.e. before they
open it).

osborneclarke.com
Social media promotions
Platform Guidelines
• Twitter
• Facebook
• Pinterest
21

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Twitter
Promotions Guidelines
• See Twitter's Guidelines for Contests on Twitter which
set out the following requirements:
• promotion rules should disqualify entrants using multiple accounts to
enter
• repeated re-Tweets should be discouraged (e.g. "whoever retweets
the most wins" mechanic not permitted)
• multiple entries in a single day should not be accepted
• ask users to include an @reply so you can see all the entries
• compliance with all applicable laws
22

osborneclarke.com
Facebook
Promotions Guidelines
– Promotions on Facebook must include the following:
• a complete release of Facebook by each entrant or participant;
• an acknowledgement that the promotion is in no way sponsored, endorsed
or administered by, or associated with, Facebook.
23
– Promotion mechanics must not, for
example:
• use personal timelines to administer
promotions (“share on your Timeline to
enter” or “share on your friend's
Timeline to get additional entries”);
• incentivise individuals to "like" a page.

osborneclarke.com
Promotions on Pinterest
Promotions guidelines
Promotions must not:
• suggest that Pinterest sponsors or endorses the promoter or the
contest
• make people Pin contest rules – "This is a biggie"
• run a sweepstake where each Pin, board, like or follow represents
an entry
• encourage "spammy" behaviour
• ask people to vote with Pins, boards, or likes
• require a minimum number of Pins
24

osborneclarke.com
T&Cs for social media promotions
Things to include
• Start dates/end dates
• Describe the prize
• Public voting
• How many votes during voting period?
• Improper voting (inducements/automated systems)
• How to resolve a tie?
• IP assignment/licence and waiver of moral rights for UGC.
• Inappropriate content?
• Future use of entries?
• Use of winner's name in publicity materials.
• See CAP Code sections 8.17 – 8.28
25

2
6
Ben Dunham
Associate
Osborne Clarke
T +44 (0) 207 105 7554
ben.dunham@osborneclarke.com
www.marketinglaw.osborneclarke.com

Maximising engagement
@LynseySweales @SocialBUK
@DMA_UK #dmasocial

SocialB
 Social media training
- social media training courses/webinars
- Inhouse social media training
 Digital marketing
- SEO, PPC, social media, email marketing, etc
- Delivering ROI to clients
 Social media council
 Social media judge
International Digital Marketing Experts

A sample of our clients

How consumers have engaged with brands on social media

Social Media & Online Marketing Experts
Important social media rule – No 1

Organisation Objectives
 Without a plan you plan to …
 What does success look
like?
 How has your organisation
become successful? With a
plan/strategy by any
chance??

Know your audience!
 Who are they? Age, location,
interests, etc
 Why do they use your
organisation?
 What do they use your
services/products for?

Your audiences can be varied!

Know your audience = Improved
engagement
 Who you want to connect with
 What content you share
 How you interact with people
 How often you need to interact with
people
 How you want to influence people to act

Its not just people, it’s the channels too

How can I improve/receive engagement?
SEO (keywords)
Search
Relevant

SEO

SEO – Search engine Optimisation
 Identify what the most commonly searched on
key terms/questions
 When people are searching (seasonality)
 Use this for searching & a strategic calendar for
best impact

Search

Hootsuite
 Keywords streams
 Monitor competitors

Search - Twitter keyword examples
 Searching for the right keywords
By setting up a search for London and hostels this
type of information will be ready for you respond to
key targeting but potential great results!

Relevant

Social Media Calendar
Things to talk about
June
BBQ recipes
July
Summer holidays
MON TUES WEDS THURS FRI SAT SUN
Blog
Twitter
LinkedIn
Facebook
Google+
YouTube
In social media, it’s key to
Do Something regularly but at the most relevant times!

Examples

What you need to do now
 Think about who you want to target, engage with and
influence
 Come up with an excel sheet plan/strategy
 Learn how to use social media effectively
 Measure! – what does success look like for you?
 Watch the success!

Stay in touch
+44 (0)1223 258000
Lynsey@socialB.co.uk
www.SocialB.co.uk
@socialBUK /
@lynseysweales

Digging out the data
@JoelDavis_ @agency2
@DMA_UK #dmasocial

@AGENCY2
#SMARTERSOCIAL
AGENDA
Trends
Tools
Tips

ON THE UP
@AGENCY2
#SMARTERSOCIAL
DIGITAL AD SPEND PERCENTAGE SHARE OF TOTAL
ADVERTISING SPEND
BY COUNTRY 2015
1. UK 50%
2. NORWAY 45%
3. CHINA 43.6%
4. AUSTRALIA 43.3%
5. DENMARK 43.1%
6. NETHERLANDS 35.4%
7. CANADA 34.3%
8. US 31.3%
9. SWEDEN 30.5%
10. SOUTH KOREA 28.4%
SOURCE: eMARKETER

ON THE DOWN
@AGENCY2
#SMARTERSOCIAL

TOP PRIORITIES FOR CMO’S
@AGENCY2
#SMARTERSOCIAL

THE SKILLS NEEDED TO MANAGE SOCIAL
@AGENCY2
#SMARTERSOCIAL
Source: Social Bakers

THE GROWING ROLE OF THE SOCIAL MARKETER
@AGENCY2
#SMARTERSOCIAL

DRIVING SALES & BUILDING BRAND LOYALTY
@AGENCY2
#SMARTERSOCIAL
BRAND LOYALTY
INSPIRE
DRIVE
ENGAGEMENT
ENCOURAGE
CONSIDERATION
CONVERT SUPPORT

IDENTIFY WHAT PEOPLE CARE ABOUT
@AGENCY2
#SMARTERSOCIAL
INSPIRE
DRIVE
ENGAGEMENT
ENCOURAGE
CONSIDERATI
ON
CONVERT SUPPORT
http://www.socialinsightengine.com/

IDENTIFY TYPES OF CONTENT THAT IS SHARED
@AGENCY2
#SMARTERSOCIAL
INSPIRE
DRIVE
ENGAGEMENT
ENCOURAGE
CONSIDERATI
ON
CONVERT SUPPORT
http://buzzsumo.com/

VOLUME AND TRENDS
@AGENCY2
#SMARTERSOCIAL
INSPIRE
DRIVE
ENGAGEMENT
ENCOURAGE
CONSIDERATI
ON
CONVERT SUPPORT
http://topsy.com/

DON’T UNDERESTIMATE THE POWER OF THE DARK
@AGENCY2
#SMARTERSOCIAL
INSPIRE
DRIVE
ENGAGEMENT
ENCOURAGE
CONSIDERATI
ON
CONVERT SUPPORT

VOLUME AND TRENDS PLUS PURCHASE INTENT
@AGENCY2
#SMARTERSOCIAL
INSPIRE
DRIVE
ENGAGEMENT
ENCOURAGE
CONSIDERATI
ON
CONVERT SUPPORT

THE ROLE OF SOCIAL MARKETER
@AGENCY2
#SMARTERSOCIAL

BEWARE
@AGENCY2
#SMARTERSOCIAL

GOOD
@AGENCY2
#SMARTERSOCIAL
The challenge from Travel brand:
Drive bookings across key hotels
Target Audience: Young professionals
Result: Compared to content focused on product and discounts, our
insight driven posts significantly increased booking rates by over 5x,
with a CPA of 2.5x lower.
Insight: The Social Insight
Engine reveals that this
target audience is
predisposed to Michael
Palin and “trying interesting
foods”.

Where you live in social
@theidm
@DMA_UK #dmasocial

Where you live in Social?
Dale Archer
Head of Marketing
Theidm.com

Average number of people
snapchat’s Live Stories draw daily?

Average number of people
snapchat’s Live Stories draw daily?
20
Million

Since Periscope Launch in March
2015
Time of video have been watched ?

Since Periscope Launch in March
2015
Time of video have been watched ?
40
Years

Key take-aways to think about:
• Profile your audience and
understand their activity
patterns!

Key take-aways:
• What networks do they
spend most of their time
on?

Key take-aways:
• What do they use those
networks for primarily?

Key take-aways:
• What are they saying
about us or our
competitors?

Key take-aways:
• Do I have the resources
and time to be active on
those networks ?

Key take-aways:
• How can I help them &
cut through the noise to
get their attention
without a hard sell?

Key take-aways to think about:
• Are those networks
supported with social
tech/tools?

Key take-aways:
• Is data important to you?
• Do the supported tools
allow exports of data. OR
do they integrate with
current CRM?

Key take-aways:
• Can I produce regular and
actionable reports?

Key take-aways:
• But most importantly, do
your research!

Thank you for your time!
Dale Archer
Head of Marketing
Theidm.com
Twitter: @darchersocial
Linkedin:
uk.Linkedin/in/darchersoc
ial
Tel: 07495 622712
Dale.archer@theidm.com

Panel discussion
@OsborneClarke
@LynseySweales @SocialBUK
@theidm
@JoelDavis_ @agency2
@DMA_UK #dmasocial

Closing comments
@GouldenRules @blondedigital
@DMA_UK #dmasocial

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