Social platforms provide a great launch pad for enterprises to engage with consumers, but they're not the anarchic, freewheeling playgrounds they sometimes seem. They are subject to the rule of law.
That's the message reinforced by a raft of lawsuits being brought against Twitter users in the UK. The lawsuits should also serve as a reminder to companies that it's important to limit legal risks arising from social media use. In particular, small and midsized businesses, which may take a more informal approach to social media than larger corporations, need to sit up and take notice.
British politician Alastair McAlpine was wrongly linked by the BBC to sexual abuse allegations. The BBC, and its television competitor ITV, moved quickly to settle libel claims. But the matter hasn't stopped with the mainstream media. Many Twitter users, including some prominent public figures, had been quick to repeat the allegations, and McAlpine's lawyers are now on their trail.
According to some reports, as many as 10,000 tweeters face legal threats. A lawyer with Carter-Ruck, a leading libel law firm, suggests that McAlpine's actions could expand the scope of libel actions in the UK by underlining the fact that statements on social media expose authors to the same liability as statements made in print -- in books, newspapers, or magazines.
While it's true that the libel laws in the UK favor claimants much more strongly than similar legislation in the United States and elsewhere, making false and damaging statements on social channels clearly carries a risk. Enterprises that have taken a casual approach to social messaging -- essentially leaving it in the unsupervised hands of employees -- should consider the following issues:
Do employees use company or personal accounts -- or both -- for work-related messaging?
Are policies in place that make a clear distinction between company and personal accounts?
Are employees trained to understand when they are acting as spokespersons for the enterprise, and what counts as appropriate and inappropriate conduct?
In particular, do employees understand that when they tweet or post a message online, they are in effect publishing a statement, just as if they published it in a newspaper?
In a nutshell, employees need to remember that engaging with consumers on social media is an extension of customer relations, not an extension of personal Facebook or Twitter playtime. This makes distinguishing professional from personal accounts all the more important (recall the social media professional who accidentally used Chrysler's official account to tweet: "I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to f**king drive").
Gaffes can be funny -- if it's not your business -- but employees inadvertently, or ignorantly, using work-related accounts to make defamatory statements? That could be a serious matter, and it's a real risk when employees fail to understand that posting or tweeting a statement is effectively the same as publishing it. And if it's posted or tweeted from a business account, the business might well be held liable for its content.
Ouch, it sounds like a few people that I know! I hate it when people assume that the Internet gives them a free range to let lose and fun wild, because that isn't it. It is still subjected to law and while in countries like my own, we may have free speech but that doesn't mean everything we want or feel the need to say should be said. Perhaps it is time for a Internet common sense lesson for some is in order?
@kq4ym:
Just 5000 feet above the ground, there are no borders, no demarcations. Its one same planet. Borders, rules, litigations all come into effect once you hit the ground.
I remember one judge denying a libel claim because it was opinion, and I've seen a few instances where the U.K. seems to have problems determining the difference between the two.
Rather than argue about what defines libel vs. opinion however, what organizations need to focus on is 'defensive driving' as far as their social media is concerned.
Every organization needs a social media policy that's treated like a living creature -- updated regular based on what's learned. As to training -- the best training for social is observation of the networks. Rather than focus on posting, focus on listening to get a feel for the target market network first and foremost. Staying polite and responding to people respectfully is far less risky (and potentially more effective) than trying to be clever and broadcasting.
You're right David: what's appropriate for some enterprises would be completely inappropriate for others. I suspect many, many businesses have employees out their on the Web, talking about the company and the product, with no formal training at all.
"It almost seems like whatever training you do on Monday with regards to social media would be outdated by Friday!"
Looks like engaging with consumers on social media is no more a child's play now!
but I think it's not only about the training actually.
It's about being diplomatic and having a common sense also and these are the things which can't be taught.If you know how to deal with the consumers plus if you have a powerful insight to predict the impact of your words and actions then in this case, somehow, the probability of social media marketing blunders will decrease for sure.
As with Mashka, I focus on this line "Are employees trained to understand when they are acting as spokespersons for the enterprise, and what counts as appropriate and inappropriate conduct?"
Which leads to even more questions
Do the people with overall authority over the management of social media know how to train their employees? These issues/services are so new - who knows how to train these people?
Does the company have a definition of "appropriate" and "inappropriate?" For example, the ThinkGeek site (great brand) lives on humor and sarcasm in their emails and website. Something that would be completely appropriate for a ThinkGeek social media use - may not work for a Credit Union. For years marketers have struggled with how to create a consistent voice when you had only a small cadre of employees who spoke publicly, marketed etc. Now almost everybody is a company spokseperson and how do you find that consistency?
It almost seems like whatever training you do on Monday with regards to social media would be outdated by Friday!
The expansion of legal technicalities just reminds me to always travel with a lawyer. Things are getting way to complex it seems. Different countries, different laws. I can see why there's never going to be a shortage of lawyers and officials making new regulations, often differing depending on location.
Are employees trained to understand when they are acting as spokespersons for the enterprise, and what counts as appropriate and inappropriate conduct?
May be the problem is that they HAVE TO BE TRAINED, while most probably, they are just given some paper with a job instruction where it's written something like
-You have to realize that from this moment you are a spokeperson for the enterprise and you shouldn't place any inappropriate content at your social media profiles
Thank you very much, I read it, I got it, I immediatelly forgot about it:)
hounhosp, - The way i see it, one is liable for every single line of text they put up online. If it is about someone else, there is always a real risk that you could end up in court. Realistically though, for the minor non-damaging content i think we are often free to talk about public figures like politicians.
Hmm..."I would think at this point we can call social media a mature enough technology that would put it on the same legal grounds as other media."
That has been the subject of many debates. I agree that blogger should be accountable for any they say online. But what about simple social media end users? Should their posts be put on the same legal grounds as articles by professional journalists?
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