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Social media and the law 8-22-11

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DeWayne Pope
DeWayne Pope

Presentation on social media strategy and legal implications of social media use given by DeWayne Pope and Andrea Walker at Innovation Depot on 8-22-11.

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SOCIAL MEDIA STRATEGY & SOCIAL MEDIA LAW PRESENTATION BY: DeWayne Pope, Red Mountain Law Andrea Walker, W. Social Marketing
BEST PRACTICES OF SOCIAL MEDIA STRATEGY
EFFECTIVE STRATEGY FOR SHARING YOUR MESSAGE
INBOUND MARKETING VERSUS OUTBOUND MARKETING
OUTBOUND MARKETING
INBOUND MARKETING Quali鍖ed leads come to you Build relationships Trust Knowledge
HOW TO GET CUSTOMERS TO COME TO YOU...
Quality content
CONTENT MEDIUMS
YOUR SOCIAL MEDIA R.O.T.
WHY R.O.T.? (RULE OF THUMB) Most content erodes due to lack of interest or mis-management Social networking pro鍖les are left rotting away Mis-conception about ROI of social media
RULE OF THUMB #1 Social media is NOT sales
RULE OF THUMB #2 Remember its social media ... Talk WITH people ... not AT them More importantly, get people talking about YOU!
RULE OF THUMB #3 80% information & 20% self-promotion REMEMBER this ratio!
RULE OF THUMB #4 Make them feel special! Increase fans by incentivizing and promoting sharing.
RULE OF THUMB #4 Social media is all about close relationships! People do business with people they like.
RULE OF THUMB #6 Address negative posts professionally and publicly.
SOCIAL MEDIA RULES OF THUMB Social media is NOT sales. Get people talking. 80% information & 20% self-promotion Make them feel special People do business with people they like. Address negative posts professionally and publicly.
SOCIAL MEDIA & THE LAW
START WITH A SOCIAL MEDIA POLICY Provide clear guidance to employees Provisions to protect: Company intellectual property (trademarks, copyrights, patents) Con鍖dential company information Dont impose unnecessary or impractical restrictions on use of social media
KNOW WHAT YOURE USING Review terms of use & privacy policies of third-party social media sites Restrictions on use of social media site (e.g., advertising, marketing, promotions) Facebook prohibits businesses from administering promotions through Facebook without prior written consent
Legal responsibilities assumed with use of site (e.g., responsibility for complying with takedown provisions of the DCMA) Ownership of intellectual property used on or information collected or generated through use of the site
PROTECT YOUR DIGITAL SPACE Establish clear, written terms of use & privacy policies for all social media sites, services and applications Require af鍖rmative acceptance Include provisions to protect company intellectual property from misuse Include provisions to minimize liability
User-generated content Digital Millennium Copyright Act of 1998 (DMCA) Safe harbor for copyright infringement by acts of users Notice & takedown procedures
Section 230 of Communications Decency Act of 1996 (CDA) Immunity for publishing tortious statements made by third parties
COMPLY WITH APPLICABLE LAWS Defamation False advertising No posting of fake reviews
Securities laws (publicly traded company) Prohibits market manipulation, insider trading, selective disclosure & disclosure of material non- public info Monitor statements by employees
Promotions, contests & sweepstakes laws Sweepstakes-type promotions that require a purchase by participants are illegal in the US USPS & FCC also enforce federal laws governing contests and prize promotions
Each state has laws that may require promoters to make disclosures, seek licensing, or post a bond. Industry-speci鍖c laws
CONSENT Obtain consent before use of employees or third- parties names, images or information Use comprehensive release document to explain purpose & extent to which company will use names, images or information
DONT VIOLATE EMPLOYEE RIGHTS UNDER THE NLRA Dont restrict employee speech or take adverse employment actions to extent employees use social media to communicate about organizing, unions or other rights protected under NLRA Ensure NLRA compliance even in non-union workplace
DISCLOSE MATERIAL CONNECTIONS WITH BLOGGERS FTC requires advertisers to disclose connections with endorsers of their products if: payment to endorser provision of free products Advise blogger of obligation to disclose
CONSIDER LEGAL RISKS OF SM BACKGROUND CHECKS Avoid making decisions based on protected class membership revealed through social media Use same protocols for social media screening Comply with Fair Credit Reporting Act Do not access password-protected electronic resources without proper authorization from owner Make decisions using vetted & accurate info
REVIEW INSURANCE POLICIES CGL insurance policies may not cover liability arising out of certain online activities Possible additional insurance: cyber liability insurance that covers data breaches, privacy and data security business interruption media & content liability
CONTACT INFO DeWayne Pope Red Mountain Law dpope@dpopemail.com (205) 618-8908 Andrea Walker W. Social Marketing, LLC andrea@wsocialmarketing.com (205) 835-2493

More Related Content

Social media and the law 8-22-11

  • 1. SOCIAL MEDIA STRATEGY & SOCIAL MEDIA LAW PRESENTATION BY: DeWayne Pope, Red Mountain Law Andrea Walker, W. Social Marketing
  • 2. BEST PRACTICES OF SOCIAL MEDIA STRATEGY
  • 4. INBOUND MARKETING VERSUS OUTBOUND MARKETING
  • 6. INBOUND MARKETING Quali鍖ed leads come to you Build relationships Trust Knowledge
  • 7. HOW TO GET CUSTOMERS TO COME TO YOU...
  • 11. WHY R.O.T.? (RULE OF THUMB) Most content erodes due to lack of interest or mis-management Social networking pro鍖les are left rotting away Mis-conception about ROI of social media
  • 12. RULE OF THUMB #1 Social media is NOT sales
  • 13. RULE OF THUMB #2 Remember its social media ... Talk WITH people ... not AT them More importantly, get people talking about YOU!
  • 14. RULE OF THUMB #3 80% information & 20% self-promotion REMEMBER this ratio!
  • 15. RULE OF THUMB #4 Make them feel special! Increase fans by incentivizing and promoting sharing.
  • 16. RULE OF THUMB #4 Social media is all about close relationships! People do business with people they like.
  • 17. RULE OF THUMB #6 Address negative posts professionally and publicly.
  • 18. SOCIAL MEDIA RULES OF THUMB Social media is NOT sales. Get people talking. 80% information & 20% self-promotion Make them feel special People do business with people they like. Address negative posts professionally and publicly.
  • 19. SOCIAL MEDIA & THE LAW
  • 20. START WITH A SOCIAL MEDIA POLICY Provide clear guidance to employees Provisions to protect: Company intellectual property (trademarks, copyrights, patents) Con鍖dential company information Dont impose unnecessary or impractical restrictions on use of social media
  • 21. KNOW WHAT YOURE USING Review terms of use & privacy policies of third-party social media sites Restrictions on use of social media site (e.g., advertising, marketing, promotions) Facebook prohibits businesses from administering promotions through Facebook without prior written consent
  • 22. Legal responsibilities assumed with use of site (e.g., responsibility for complying with takedown provisions of the DCMA) Ownership of intellectual property used on or information collected or generated through use of the site
  • 23. PROTECT YOUR DIGITAL SPACE Establish clear, written terms of use & privacy policies for all social media sites, services and applications Require af鍖rmative acceptance Include provisions to protect company intellectual property from misuse Include provisions to minimize liability
  • 24. User-generated content Digital Millennium Copyright Act of 1998 (DMCA) Safe harbor for copyright infringement by acts of users Notice & takedown procedures
  • 25. Section 230 of Communications Decency Act of 1996 (CDA) Immunity for publishing tortious statements made by third parties
  • 26. COMPLY WITH APPLICABLE LAWS Defamation False advertising No posting of fake reviews
  • 27. Securities laws (publicly traded company) Prohibits market manipulation, insider trading, selective disclosure & disclosure of material non- public info Monitor statements by employees
  • 28. Promotions, contests & sweepstakes laws Sweepstakes-type promotions that require a purchase by participants are illegal in the US USPS & FCC also enforce federal laws governing contests and prize promotions
  • 29. Each state has laws that may require promoters to make disclosures, seek licensing, or post a bond. Industry-speci鍖c laws
  • 30. CONSENT Obtain consent before use of employees or third- parties names, images or information Use comprehensive release document to explain purpose & extent to which company will use names, images or information
  • 31. DONT VIOLATE EMPLOYEE RIGHTS UNDER THE NLRA Dont restrict employee speech or take adverse employment actions to extent employees use social media to communicate about organizing, unions or other rights protected under NLRA Ensure NLRA compliance even in non-union workplace
  • 32. DISCLOSE MATERIAL CONNECTIONS WITH BLOGGERS FTC requires advertisers to disclose connections with endorsers of their products if: payment to endorser provision of free products Advise blogger of obligation to disclose
  • 33. CONSIDER LEGAL RISKS OF SM BACKGROUND CHECKS Avoid making decisions based on protected class membership revealed through social media Use same protocols for social media screening Comply with Fair Credit Reporting Act Do not access password-protected electronic resources without proper authorization from owner Make decisions using vetted & accurate info
  • 34. REVIEW INSURANCE POLICIES CGL insurance policies may not cover liability arising out of certain online activities Possible additional insurance: cyber liability insurance that covers data breaches, privacy and data security business interruption media & content liability
  • 35. CONTACT INFO DeWayne Pope Red Mountain Law dpope@dpopemail.com (205) 618-8908 Andrea Walker W. Social Marketing, LLC andrea@wsocialmarketing.com (205) 835-2493

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