Why Social Media Shouldn’t Bypass Legal & PR
For those of us who work in social media and are asked to come up with these BIG ideas and these GRAND campaigns…we usually hit the same roadblock at about the same time of the planning process. You have this big idea and grand campaign, and it’s fabulous. It is planned to engage your existing customers, bring on new ones, and truly provide a unique and fun experience – pretty much what social media is meant to do!
Then…you run it by your PR and Legal team for approval. And you hear phrases like this:
- “You have to make sure that the link to the Terms & Conditions is only one click away from the message promoting the contest, so you need two links in your Tweet.”
- “You have to remove that photo from your Facebook Wall because we didn’t get written permission from the individual in the background to show them on Facebook.”
- “Once you select a winner you can not ask for their mailing information via email as that’s exchanging personal information and is illegal. You have to get their phone number and call them.”
- And so on, and so on.
Yes, these processes are tedious, and they can be extremely frustrating. However, they are there for a reason. Yes there are times I myself want to pull my hair out by making sure that this amazing contest has the appropriate Rules written to accompany them. It definitely seems to take the ‘fun’ out of social at times.
However, when you work for a company, for a brand, or for any professional entity, your business or even yourself have the potential to get sued for what is said on social media platforms. It has happened. And if it happens to you, you may not speak so quickly when bashing PR and Legal.
For example, if you post an image from Google Images on your company’s Facebook Page, that photographer can sue you for not paying them for the photo credit, for not giving them credit for the photo, or by misrepresenting the photo itself. And that’s just one little photo. For specific examples of social media cases that provided quite a bit of notoriety in the law, check out Glenn B. Manishin’s blog post on the 2010′s top four law cases in social media. A more recent case you may have heard about is the case of Ryan Giggs suing Twitter for breach of injunction.
The issue of legal issues within the realm of social media is quite timely to the point that GSMI just last week hosted a conference in Boston on social media risks and strategies. For latest updates from GSMI, check out their Twitter handle. One of their posts from last Friday may not surprise some of us:
Social media is a new industry meaning that everyone’s catching up to it including the industries that are using it and those who are fighting to protect themselves and others from it. So before you start bad-mouthing Legal and PR during your next campaign, think about what may happen if you received the court notice because you didn’t have them in the beginning.
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