cmps 20110222 social media lite

Social MediaHow To Use It And How To Manage Risk

22 February 2011

Paul Haswell

Registered Foreign Lawyer

Social MediaHow To Use It And How To Manage Risk

Paul Haswell

Registered Foreign LawyerPinsent Masons

Social Media – What Is It?

• The Internet is now ubiquitous.

• Approximately one third of the global population are on-line.

• What do we use the internet for?

• Very fast progression from user-consumed data to user-created data.

• Web 1.0 to Web 2.0.

Overview

• Strategic goals

• Communicating

• Understanding

Brave New World

• Social Media: “Media for social interaction, using highly accessible and scalable publishing techniques. Social Media uses web-based technologies to turn communication into active dialogues.”

• Social media is about brand management in a brave new always-on, always-connected world.

• Building and protecting our online identity, persona and brand. Projecting our goals and what we stand for.

• Exploiting the opportunities that social media presents.

Brave New World


• Building and protecting our online identity, persona and brand.


Brave New World

•Exploiting the opportunities that social media presents.

•Knowing how to react when things go wrong (and they will).

Brave New World


• Building and protecting our online identity, persona and brand.


• Knowing how to react when things go wrong (and they will).

Reward and Risk

Opportunity

Public Goals of Social Media

• Engaging the public on issues of importance.

• Obtaining public opinion and guidance to improve services and facilities.

• Allowing the public to interact, allowing voices to be heard who might typically remain silent.

• Providing a forum for meaningful discussion.

• Humanising government.

Building An Identity

• Decide how you want to use social media, think carefully about the image, and the identity you want to create and what you want to achieve.

• Be realistic – internet users do not like to be fooled.

• Consider the Starbucks vs Nestle Facebook examples.

• As an analogy, think about your own personal identity and how you manage it online.

Doing It Wrong: Gap’s New Logo

Gap’s new logo

Gap’s new logo

The Gap Inc. (Public, NYSE:GPS)

New logo announced

Gap’s new logo

The Gap Inc. (Public, NYSE:GPS)

New logo announced“We’ve learned a lot in this process. And we are clear that we did not go about this in the right way. We recognize that we missed the opportunity to engage with the online community. This wasn’t the right project at the right time for crowd sourcing.”

Public Use of Web and Social Media

• The general public is generally skeptical about the use of new online and social media initiatives by the government, especially where they are being paid for by taxes.

• Social media gives the public the opportunity to object, as with Gap, on a public forum.

• Sometimes, as with Gap, the objections can be more successful than the actual campaign…

UK: Preparing For Emergencies

• A 2004 UK government campaign designed to give citizens advice on how to deal with disasters, how to provide first aid and so on.

• Primarily a response to the increased terrorist threat in the UK.

• Campaign cost GBP 8m (approximately HK$100m).

• Consisted of a booklet and website at www.preparingforemergencies.gov.uk (now taken down).

http://www.preparingforemergencies.gov.uk/


• Public backlash was immense. Campaign seen as patronising the UK public at massive cost to the UK public.

• Blogs critical of campaign, users on MySpace openly mocked the campaign and compared it to cold war paranoia propaganda.

• Internet users set up alternative website at www.preparingforemergencies.co.uk

http://www.preparingforemergencies.co.uk/


• Public backlash was immense. Campaign seen as patronising the UK public at massive cost to the UK public.

• Blogs critical of campaign, users on MySpace openly mocked the campaign and protected it to cold war paranoia propaganda.

• Internet users set up alternative website at www.preparingforemergencies.co.uk

http://www.preparingforemergencies.co.uk/


• UK Government website was last updated in July 2008 and is no longer active (meaning it cost over GBP5,000 a day!).

• Spoof website is still online.

• Entire campaign misjudged the public response and is remembered as a colossal waste of resources by the UK government.

Can You Guess What This Is?

http://www.youtube.com/watch?v=oeDsKtgQT34

UK Road Safety MMORPG

• UK government wanted a way to engage young internet users and gamers to learn about road safety.

• Called “Code of Everand”, it was launched in November 2009 and cost GBP 2.8million to produce.

• Attracted a total of 170,000 registered users, but only a small fraction remain active. Perhaps as low as 8%. Has only 568 Facebook friends and 82 followers on Twitter.

• By comparison Disney’s Club Penguin has 2787 followers.

UK Road Safety MMORPG

• Project is to be reviewed in March 2011 and most likely shut down.

• Deemed a “waste of money” by the UK public… at least those who actually know of its existence.

• Lessons learned? A government sponsored MMORPG was never going to be considered “cool” by its target group, and road safety is not good subject matter for such an approach. The fact that the project was outsourced to non-UK companies caused further uproar.

• Online vigils for youths killed on the road attract more users, are cheaper, and likely more persuasive. Many examples on Facebook.

Going Viral?

• Social media allows you to reach a wider audience than “normal” advertising.

• Information is passed on from user to user. Can become truly global, can reach an audience far wider than that it was originally intended for and can become an internet meme.

• This can often happen unexpectedly, without consent, and because social media moves so fast is difficult to stop.

• Star Wars Kid – 2002. Became an internet meme.

Going Viral

•Star Wars Kid Original Video•http://www.youtube.com/watch?v=HPPj6viIBmU

•And the remix…•http://www.youtube.com/watch?v=3GJOVPjhXMY

Going Viral

• Millions of views worldwide.

• Media coverage worldwide.

• Star Wars Kid became an internet celebrity.

• Then tried to sue classmates for US$250,000 on basis that he “had to endure, and still endures today, harassment and derision…”

• Reaching an enormous audience – is this a good or bad thing?

Going Viral – Corporate Branding

• Old Spice.

• Flagging sales, failing image.

• Known as aftershave that Grandad gets for Christmas…

• New ad released Summer 2010.

Old Spice – Smell Like A Man

• http://www.youtube.com/watch?v=owGykVbfgUE

Old Spice

Old Spice

•Within days literally hundreds of tribute videos online (now thousands).

•Copyright infringement?

•Take action to have ads taken down?

Old Spice

• Old Spice responds quickly with its own YouTube campaign allowing users to send questions and requests to the “Old Spice Man” who answers them live in video responses.

• Brand awareness increased and suddenly Old Spice is cool again (was it ever cool before?).

• Sales increase 107%

• Entire campaign takes on a life of its own (in a good way!).

Smell Like A Monster

• http://www.youtube.com/watch?v=zkd5dJIVjgM

Working the other way

• China’s J-10 jet fighter plane.


• At the start of the year CCTV ran a news segment showing the J-10 in action, blowing up a target.

• Watchers in China noticed a remarkable similarity between some of the footage and scenes from a certain Tom Cruise movie…


• Watchers began to post online. Then some made comparison videos and posted them online.

• Some of these videos made it on to YouTube…

• And into the global press.


• Watchers began to post online. Then some made comparison videos and posted them online.

• Some of these videos made it on to YouTube, where they grew in popularity…

Lessons To Be Learned?

• “Going viral”, by definition, means that you no longer have control over the material that makes its way online and is passed from site to site and individual to individual.

• Whilst in the private sector going viral can mean more exposure for a product, in the public sector all too often it is only negative press that works out this way.

• The public, and the internet, do not like to be fooled!

Lessons To Be Learned…

• Public opinion is fickle and it is dangerous to assume that the general public will automatically be on your side. A problem for corporations for potentially disastrous for government.

• What is the solution?

• Remember the comments by the Gap president (who incidentally is no longer the Gap president?) “Not the right time for crowdsourcing…”

• What did she mean?

Crowdsourcing – Embracing the Public

• What is crowdsourcing?

• Definition:

• Crowdsourcing is the act of outsourcing tasks, traditionally performed by an employee or contractor, to a large group of people or community (a crowd), through an open call.

• Often seen as a good way to appear “hip”, to embrace the online community.

• Vital for public social media as it allows opinions to be canvassed in advance.

Samsung Galaxy Tab

Crowdsourcing Private Sector Concerns

• Once something created it’s hard to hide it.

• Outsourcing to an unspecified group of people – legal minefield.

• Contracts? Who owns what? Letting your IP loose in the wild?

• Risk of claims of IP infringement, claims for payment from those you have outsourced to.

• The internet has become suspicious of large corporations effectively getting people to work for free.

Crowdsourcing Public Use

• However the same is not necessarily true for the use of crowdsourcing by public bodies.

• Reaching out to the public for opinion, ideas, information…

• Engaging the general public in a manner not possible by conventional means.

• Crowdsourcing may not even be initiated by the public entity but by the public itself, but the entity should pay attention and get involved.


• Source of information, support and assistance during emergencies.

• 9/11, 7/7 – Online forums best source of news as other sites collapsed.

• Hurricane Katrina – Katrina PeopleFinder Project

• Airport Twitter feeds in event of disruptions.

• Most recently the use of Facebook and Twitter during Australian floods.


• Source of information, support and assistance during emergencies.

• 9/11, 7/7 – Online forums best source of news as other sites collapsed.

• Hurricane Katrina – Facebook used to find lost family members, friends, pets.

• Airport Twitter feeds in event of disruptions.• Most recently the use of Facebook and Twitter during Australian

floods.


• Social media, by virtue of the fact that everyone can add to it and it can be updated 24/7 is arguably one of the most immediate sources of news and information.

• Recent example of how instrumental social media and the internet has become: the situation in Egypt.


• Social media, by virtue of the fact that everyone can add to it and it can be updated 24/7 is arguably one of the most immediate sources of news and information.

• Danger is that it can be exploited and subverted by users for its own ends, as we will see later.

• Recent example of how instrumental social media and the internet has become: the situation in Egypt.


• Worldwide, governments are picking up on how effective crowdsourcing approaches can be. More and more politicians, government agencies and public groups can be contacted via Facebook.

• New Competition Bill in Hong Kong – members of LegCo are actively canvassing opinion via their Facebook pages.

• Number10.gov.uk – allowed anyone in the UK to create a petition for the attention of the Prime Minister.

• Ipaidabribe.com – Indian anti-corruption site allowing the public to post anonymous corruption reports.


• UK Treasury – crowdsourcing for ideas for the 2011 budget

• US Government – crowdsourcing for ideas on how to resolve the financial crisis

• Police Departments worldwide increasingly turning to Facebook and YouTube to seek assistance in following up crime reports and the identification of suspects.

Empowering the Individual

• Social media gives everyone a voice – everyone with access to a computer can contribute and say something.

• We’ve seen how once something appears on the internet control of it may be lost. Should governments allow staff and officials to make use of social media?

• Private sector example of allowing staff to help build a brand online:• Best Buy’s experience

• “Twelpforce”

• “A collective force of Best Buy technology pros offering tech advice in Tweet form.”

On A Smaller Level – Just As Important

• Empowering the workforce

• Allowing staff to help build a brand online• Best Buy’s experience

• “Twelpforce”

• “A collective force of Best Buy technology pros offering tech advice in Tweet form.”

Empowering the Individual - Problems

• Problem is that comments may be taken out of context, or something may be posted in anger or by mistake, which will then grow to a magnitude beyond that ever expected by the poster.

• Many examples of employees being fired after posting material regarding their employer or customers on Facebook or Twitter.

• People may forget that postings on their personal pages may trickle into their professional life.

On A Smaller Level – Just As Important

• Empowering the workforce

• Allowing staff to help build a brand online• Make training a prerequisite

• Buddy system

• Workplace policies for staff• Time management

• Were they written for Web 1.0?

Empowering the Individual - Problems

• Sometimes people even forget how big an audience they may have: this is especially a problem for those in the public or carrying out a public duty.

• Jurors posting trial details on Twitter• Government officials posting criticism via Twitter• Politicians posting unsuitable material

• Remarks are often in the heat of the moment and inappropriate but can damage goodwill, reputation, initiatives and careers.

• Twitter is especially bad for this!

Empowering the individual

• Sometimes people even forget how big an audience they may have: this is especially a problem for those in the public or carrying out a public duty.

• Jurors posting trial details on Twitter• Governnment officials posting criticism via Twitter• Politicians posting unsuitable material

What to do?

• Produce Social Media Guidelines

• State what representatives and officials can do online?

• Are staff the voice of your organisation online?

• Do you want them to push your organisation, or stay quiet?

• What about online whistleblowers? Not everyone will be positive.

Social Media Guidelines

• Most organisations have internet usage policies.

• When were they written?

• Do they work in a Web 2.0 world?

• Are they even legally enforceable?

• Need to think carefully what role each person should play and how to avoid embarrassment – this does not mean silencing everyone!

“Be conscious when mixing your business and personal lives. Online, your personal and business personas are likely to intersect. The Company respects the free speech rights of all of its associates, but you must remember that customers, colleagues and supervisors often have access to the online content you post. Keep this in mind when publishing information online that can be seen by more than friends and family, and know that information originally intended just for friends and family can be forwarded on.”

Coca-Cola’s Social Media Principles

Social Media Policies: Key Points

• Respect others, including colleagues, the public, opposition (think about defamation).

• Be transparent about who you are.

• Be confident about the accuracy of what you say (negligence; negligent misstatement, misrepresentation).

• Respect confidentiality, privacy.

• Think before you post!

Everybody Has A Voice

• Whilst you may have control over your own use of social media, it is much harder to monitor and control use by others.

• In most circumstances you would not want to – social media is popular because it promotes free speech.

• But you might want to know what is being said about you, about your policies, your initiatives, your performance online.

• Is this even possible? Can you monitor the internet?

Brand Monitoring Services

• In-house services• Gatorade Mission Control

• Third party services (not free)• Sysomos

• Netvibes

• Meltwater Buzz

• Third party services (free)• Google Alerts

• TweetDeck

• Check user names

Brand Monitoring Services

• The public may be suspicious of government monitoring use of the internet. Consider the “Great Firewall of China”.

• But it is recommended that some use of free services is made.

• Not just to see what others are saying about you, but in case people are going too far and perhaps even impersonating you…

Brand Protection/Management

•What can you do? Sue?

•BP successfully persuaded Twitter to force BPGlobalPR to stress that it was not affiliated with BP (some thought it was) and they updated have their bio to:

•“We are not associated with Beyond Petroleum, the company that has been destroying the Gulf of Mexico for 81 days.”

Problem

• The internet can be the wild west of comment.

• Users are (usually) anonymous and unaccountable.

• This often ends with pages of profanity, inaccurate information, spam…

• Big problem if this material is posted anonymously on your website.

Theory of Internet Anonymity

Normal Person


Normal Person

+ Anonymity


Normal Person

+ Anonymity

+ Audience_________________


Normal Person

+ Anonymity

+ Audience_________________

Troll

“Troll”

•“Someone who posts inflammatory, extraneous, or off-topic messages in an online community with the primary intent of provoking other users into a desired emotional response or of otherwise disrupting normal on-topic discussion.”

Comments could be:

•Insulting

•Discriminatory

•Defamatory

•Obscene

•Prejudicing ongoing court proceedings

Questionable Content

•Do you want to be held responsible?

•What if the comments are attributed to you?

•People may think that you condone viewpoints that you do not.

•What can you do?

Hosting and Moderating

• “In trying to bring the immediacy of post-moderation, some posters’ closed minds and wilful neglect of commonsense (let alone decency) meant all too often that we ended up shutting articles to comments.”

Martin King, Online Editor , Independent.co.uk,

on banning anonymous comments

Hosting and Moderating

• So what can you do?

• Moderate content?

• Stop users posting content?

• Have a comments policy?

• Sue? Can you sue an anonymous user?

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Privacy and permanence

•Users often forget that what they post may be public.

•Public and private are not binary concepts.

•65% of Facebook users do not change privacy settings…

•…yet use Facebook to conduct personal e-mail, save personal photos, include personal address and phone details.

Privacy and permanence

•Apply this to public life.

•Social media is a valuable tool, a way to truly interact with the public, but it must be treated with the same respect as the public itself.

•Previous online presence may contradict current online presence.

•If you are posting something online make sure you have the legal right and power to take it down later.

•If you don’t have that power or right look at ways to manage it.

Final Thoughts

• Information society – social media unlike any other forms of media.• Allows engagement of public but is unpredictable

• Legal action may be inappropriate or impossible

• Non-legal and legal must go hand in hand.

• Do not mislead or patronise your audience.

• Ensure users understand how to use or not use social media.

• Take steps to prevent third parties using social media to bring brand into disrepute or create legal problems.

Final Thoughts

• The internet and social media can give you and your organisation online immortality!

• Make sure that this is a good thing!

Photo by gruntzooki. Used under Creative Commons Attribution-ShareAlike 2.0 Generic licence

Q&A

•[email protected]

Photo by gruntzooki. Used under Creative Commons Attribution-ShareAlike 2.0 Generic licence

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