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Dominic Sparkes, CEO & Founder
We spend our time
managing social
media…



 1,000,000’s messages moderated
 60+ clients
 50 platforms
 15 languages
 140 staff
 24 / 7 / 365
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   Legal
considered…        -   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   Legal
considered…
                   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   Legal
considered…
                   -   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 Codes
considered…
                   -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 & Practical
considered…
                   -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 these
issues?




                     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 Trading
issues…              -   Hand Picked Media


                     Brand reputation
                     -   DKNY


                     Ethical
                     -   Kenneth Cole
Why consider these   Office of Fair Trading
issues…              -   Hand Picked Media
“Please note that Drew
Brees is a paid endorser
for several companies
and promotes them
through his social
media. For a complete
list, please visit
www.drewbrees.com
and click on the
Disclaimer section. “
Thursday 3rd Feb
Thursday 3rd Feb
Thursday 3rd Feb
Common pitfalls &   Be prepared
how 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 &   Content
how 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 Media
management     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 Media
management     1 easy solution…

               Get someone else to do it!
Thank you for your time

For further information please contact:

dominic.sparkes@tempero.co.uk

@domsparkes / @ temperoUK

www.tempero.co.uk

20 7278 3222


kateatkin@mlaw.co.uk

www.mlaw.co.uk

020 7927 6240
The key elements of Social Media Management
The key elements of   1. Preparation
Social Media
management
                      2. Moderation

                      3. Management

                      4. Technology

                      5. Reporting
The key elements of                        Preparation
Social Media
management                                 • 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


                                           • Technology
Resources:

social-media-governance.com/policies.php   • Risk mitigation & crisis plan (find the weakest link)
The key elements of   Moderation
Social Media
management            • 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   Management
Social Media
management            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
                      • Engagement
Resources:            • Qualitative reporting

Emint.org.uk
                      • Supplier management
                      • Central role for stakeholder contact
The key elements of         Technology
Social Media
management
                            • Platform – what moderation and management tools
                            exist?


                            • Moderation plug-ins (Conversocial, Syncapse)




Resources:

conversocial.com
profiler.conversocial.com
The key elements of   Technology
Social Media
management
                      • 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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Social Media Management by Dominic Sparkes at SMWF

  • 2. We spend our time managing social media…  1,000,000’s messages moderated  60+ clients  50 platforms  15 languages  140 staff  24 / 7 / 365
  • 3. Since 2003, brands have entrusted their reputation to Tempero…
  • 4. 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.
  • 5. What needs to be Legal considered… - 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
  • 6. What needs to be Legal considered… 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? **
  • 7. What needs to be Legal considered… - 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? **
  • 8. What needs to be Industry Compliance – ASA / CAP Codes considered… -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
  • 9. What needs to be Ethical & Practical considered… -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
  • 10. Why consider these issues? 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
  • 11. Why consider these Office of Fair Trading issues… - Hand Picked Media Brand reputation - DKNY Ethical - Kenneth Cole
  • 12. Why consider these Office of Fair Trading issues… - Hand Picked Media
  • 13. “Please note that Drew Brees is a paid endorser for several companies and promotes them through his social media. For a complete list, please visit www.drewbrees.com and click on the Disclaimer section. “
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  • 22. Common pitfalls & Be prepared how 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
  • 23. Common pitfalls & Content how 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)
  • 24. Social Media management 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
  • 25. Social Media management 1 easy solution… Get someone else to do it!
  • 26. Thank you for your time For further information please contact: dominic.sparkes@tempero.co.uk @domsparkes / @ temperoUK www.tempero.co.uk 20 7278 3222 kateatkin@mlaw.co.uk www.mlaw.co.uk 020 7927 6240
  • 27. The key elements of Social Media Management
  • 28. The key elements of 1. Preparation Social Media management 2. Moderation 3. Management 4. Technology 5. Reporting
  • 29. The key elements of Preparation Social Media management • 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 • Technology Resources: social-media-governance.com/policies.php • Risk mitigation & crisis plan (find the weakest link)
  • 30. The key elements of Moderation Social Media management • 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
  • 31. The key elements of Management Social Media management 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 • Engagement Resources: • Qualitative reporting Emint.org.uk • Supplier management • Central role for stakeholder contact
  • 32. The key elements of Technology Social Media management • Platform – what moderation and management tools exist? • Moderation plug-ins (Conversocial, Syncapse) Resources: conversocial.com profiler.conversocial.com
  • 33. The key elements of Technology Social Media management • 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