Dealing with comments about your brand that you think are defamatory
Jack Gilbert, associate, Olswang:
Generally, this should be as much a PR decision as a legal one. In many cases, it may be better for companies either to ignore these comments and/or respond politely to constructive feedback and correct any untrue or defamatory allegations.
From a legal perspective, the new Defamation Act 2013 has made it harder for companies to bring defamation actions as they must show that a statement would cause or would be likely to cause ‘serious financial loss’ - so legal action is generally only warranted if an allegation is very serious. You may also wish to look at a platform’s Terms of Use to see if they prohibit users posting abusive or defamatory content, in which case it may be possible to request its removal (if you do not consider engaging with the author or responding is appropriate).
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What should the age limit be for brands engaging with young people on social?
Andreas Splittgerber, partner in IT, internet and data protection law, Olswang:
In the US it is 13. In Europe, there is no clear line (somewhere between 14 and 18 in most countries). I think that’s where it should be. It is difficult to enforce this in practice. 10-year-olds often are much older in social media. I think, the most important thing is to educate the kids (and parents AND teachers).
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Specify if you’re extracting personal data from apps
Sophie Crossley, senior account director, We Are Social:
If the Ts and Cs clearly state what data you are collecting and what you intend to use it for, and the user has agreed to this, then yes. However, be cautious of asking for too much data upfront - don’t gather everything you can think of, think about what you really need and are actually going to use, and only ask for that. If you need more down the line you can always conduct a secondary data gathering exercise.
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Follow these steps before publishing your customers’ or users’ photos online
Andreas Splittgerber, partner in IT, internet and data protection law, Olswang:
First of all (and most importantly) you should consider carefully, what you post online, above all you should avoid posting images with sensitive data (e.g. photos that disclose illnesses or the like). Secondly, you need to be careful where (on what platform) you post them and what privacy settings you choose. Thirdly, post T&Cs on your web presence restricting use of the images.
Additionally, there are legal restrictions to use images that are posted online, e.g. by the terms of the platform and by law. Having said this, however, there is always the risk that someone misuses images that are posted online, even if it is not legally permitted.
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Use T&Cs for competitions
Adam Reader, social media strategist, LIDA:
T&Cs are a must. Never run a competition without them or you risk getting into all sorts of hot water if anyone should take a disliking to your competition.
Ideally they should live somewhere where they are accessible to all e.g. a page on your company website. That way you can link to the page through any social network and they will be visible on whatever device the user should choose to use.
When running comps we also give user the option to request full written T&Cs via post if they choose.
In terms of borrowing someone else’s T&Cs, I’d recommend you always create ones which are specific to your competition and brand. Looking at T&Cs from other brands is a good starting point if you don’t already have some as this will help you structure your own. And lastly make sure you get them checked out by your legal dept. They will likely have much greater experience in legal docs so should be able to make sure they’re water tight before your comp is live.
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Disclose your identity if you’re writing about your own product
Andreas Splittgerber, partner in IT, internet and data protection law, Olswang:
Commenting on your own products or denigrate the competitor’s products in a blog or in a rating on an e-commerce platform will likely be considered “hidden advertisement” and as such is not permitted if you do not disclose that you make this statement in your capability as GM of the company. And you will not believe it: There are are number of court decisions in this regard which means that authors of such hidden ads were actually found and brought before court (despite “anonymity” in the web).
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Be clear if you pay advocates
Jack Gilbert, associate, Olswang:
If you do choose to pay advocates, it is important that they make this clear in any communications (e.g. tweets, videos, vines etc) so that consumers know they are marketing comms. If on Twitter, the safest way to do this is to ensure that tweets include a clear identifier such as ‘#ad’ or ‘#spon’, however the ASA has allowed other forms of identification providing it is clear (http://bit.ly/1ANiUy0).
If on YouTube or other platforms, then it’s important to make sure that any explanation is included in the video itself rather than just the video description (as it may be embedded and viewed from elsewhere).
Finally, consider your audience - if you are targeting kids or teens then extra care should be taken to make sure this is made particularly clear.
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Tread carefully if you’re issued with a bad company rating or comment
Paul Armstrong, owner, HERE/FORTH:
Don’t use review farms or non-legit ways. Encourage your fans to comment and don’t go too fast - the machines/algorithms will spot you. Read “The Curve” if you aren’t sure how to find these fans and turn them to your advantage.
Always have three people ready to go if a bad comment turns up so you can push it down. At the end of the day, people have a right to moan etc, you have equally a right not to let it affect you as much as humanly possible - just make sure you a genuine in the way you do it and learn from the detractor as much as you can. Try to bring them around.
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Click here for the full transcript of this live chat, which was provided by Olswang.
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