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May 22, 2014 by Kerry O'Shea Gorgone

Should Your Company Have a Social Media Policy?

Email subscriptions, increasing email subscribers to your blog, rss, feedburnerBy now, most companies use social media as part of their marketing mix, but only 63% have implemented a social media policy according to a 2014 study from Protiviti.

Jay Shepherd has suggested that organizations adopt a very simple, two-word policy relating to employee blogging (which he’s since extended to social media): “Be professional.”

I might double this in size and suggest “don’t be a moron,” although the results should be largely the same.

If you hire the right people (professional non-morons), their use of social media should not expose you to an inordinate amount of risk. In some instances, having a policy could cause problems you didn’t have before.

For instance, most employees are “at-will,” meaning they can be fired at any time for almost any legal, non-discriminatory reason. However, if you adopt a social media policy, then use that as the basis for firing someone, that employee might appeal their termination to the National Labor Relations Board.

Depending on the nature of their social media offense, they might be able to have their termination declared illegal. Posts complaining about working conditions, for instance, are protected according to the NLRB.

You now have a problem you didn’t have before, and even if you ultimately win the argument, you will lose money and time in the process.

If you do elect to formalize a social media policy, there are examples from which you could draw. (See 5 Great Corporate Social Media Policy Examples.)

Here are some provisions you’ll want to include.

What “social media” means.
Everyone has a slightly different idea of what is or isn’t covered. Most people would assume the policy covers Twitter and Facebook, but what else? Pinterest, for example, is a “taste graph,” technically speaking, and not a social network, but clearly it has social elements. Does your policy apply to Pinterest? Online forums? Comments on third-party sites or blogs? Define what’s included, but try and leave room for the evolution of new social networks and platforms. You don’t want to edit the policy every time a start-up gets funded!

A caution against sharing confidential information.
Explain what kinds of company information are confidential and should not be shared via social media, email, or other channels (client data, upcoming plans, trade secrets, other intellectual property, etc.). Take care not to be too broad in your phrasing: if your policy might apply to employees discussing working conditions or wages among themselves, it’s very likely that the NLRB would not enforce it.

A statement against speaking as the company’s official representative (unless you are the company’s official representative)
If your company is large, name the point-person (or position title) responsible for fielding certain kinds of inquiries.For instance, media inquiries should be directed to the Director of Public Relations, customer service inquiries should be directed to any member of the Customer Service department, employment inquiries go to the Human Resources Coordinator, etc.

However you want the workflow to go, specify it in your policy. Explain the protocol for crisis communications, as well. Otherwise, loyal employees might make well-intentioned posts that reveal information before the company’s ready, or else misstate the situation because you don’t yet have all the facts.

Specify who is authorized to speak on behalf of the company during a crisis situation, and consider assigning someone different for each type of crisis (your CFO for a financial issue, CMO for a social media gaffe, CEO for a general organizational crisis, etc.).

No anonymous posting
It’s natural for employees to feel protective of your brand: ideally, they are your biggest fans. However, employees posting anonymously in response to negative reviews or comments about your company will ultimately do more harm than good, because the identity of the commenter always comes to light sooner or later.

Let your employees know that if they speak publicly about your brand, they must use their own identity and disclose their relationship with your company.

State who owns your brand’s social channels
This should be an easy one. If someone at your company creates an official presence online, anywhere other than your site, the company owns it. Specify that any profiles or pages created by employees in their official capacity on behalf of the company are company-owned.

Require all online accounts be opened using a company email address (ideally, [email protected]) or something similar, so you can easily reset the passwords and restrict access if an employee leaves the company.

Clearly explain the consequences of violating the policy
This is the “or what?” If you tell employees they can’t do something, they need to know what happens if they do it.Typically, you’d want to extend the penalties for “real world” offenses to social media, as well. If calling another employee a “whore” offline would result in firing, the same should be true for an online posting.

Explain which person or department is in charge of enforcing the policy, and what procedures you will have in place for appealing decisions.

Overall, the benefits of implementing a social media policy outweigh the risks, because they help to clarify what’s expected of everyone involved.

Do consider the appeal of a four-word policy, though: most of the time, “don’t be a moron” just about covers it.

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Filed Under: Social Media, Social Media 101 Tagged With: law, legal, policy, social media policy

March 18, 2014 by Kerry O'Shea Gorgone

Your Brand’s Legal (and Practical) Options for Addressing Negative Comments

7468312536_638cf71b6d_zSooner or later, your brand will receive a negative comment or bad review. Some posts will come from actual customers, others from competitors hoping to poach your customers.

Still others will come from trolls: people who have never bought from you, will never buy from you, and seemingly have nothing better to do than make your brand manager’s life difficult.

Regardless of who made the post, your reaction is likely to be the same: a deep longing for the post to disappear. But it won’t.

Here are your options for addressing damaging comments online, from least feasible (a lawsuit) to least palatable (taking the high road).

When can you sue?
People and brands alike must suffer a certain number of “slings and arrows.” Just because someone thinks your service is slow or your fries are soggy doesn’t give rise to a legal cause of action.

Once the comments move from obnoxious to defamatory, however, suing might become an option. Laws vary from state to state, but in most jurisdictions, defamation requires a false statement of fact (as opposed to an opinion), publication (communication of the false statement to at least one other person), negligence (if the defamatory matter is of public concern), and damage to the brand’s reputation.

Think “this finance company steals money from client accounts” as opposed to “this finance company sucks.”

You could issue a cease and desist letter to the person who posted the comments, but be aware that many such letters wind up featured on the person’s blog, or on third-party sites like Techdirt.

Ultimately, if the false statements really are damaging to your brand, you might have to bring suit, but you’ll want to carefully consider the implications before you do.

In the United States, the plaintiff must prove that the statements were false (as opposed to the burden being on the defendant to prove that they were true). In some jurisdictions, companies must meet the same standards as a public figure or celebrity in order to recover damages, and show that the person making the statement did so with “actual malice,” knowing it was false or exhibiting a “reckless disregard” for the truth.

In addition to the costs inherent in litigation, you could easily find your company cast as the bully in a David vs. Goliath type conflict, as we saw in the case of a Missouri bar owner who received a cease and desist letter from Starbucks.

Instead of suing, what should you do?
Respond. More than 1/3 of people who mention a brand on a social network expect a reply in 30 minutes or less (like a pizza delivery)!

As quickly as possible, post a reply to the comment on the same site where it was made. If the comments are in a Facebook post, reply on Facebook. If it was a Yelp review, reply on Yelp.

If the comments are on someone’s blog, contact the publisher directly, or post a comment on that site, but keep a screen shot in case they delete it.

Bear in mind that some people who post negative comments about your brand have a legitimate grievance. You will provide a better response if you write your reply with his in mind.

Brands do have some options when it comes to addressing defamatory statements. If the comments are posted to a third-party site like Yelp, you can contact the site to request that they be removed.

Be prepared to explain precisely how the comments posted violate the site’s terms of service. To report a defamatory review on Yelp, for instance, you’d select “Questionable Content” or “Legal Inquiries” from the drop-down menu provided and report the objectionable post as violating Yelp’s terms of service, section 6(a)(I) on content guidelines.

Be sure to give specifics about what the commenter said, and emphasize that it is both false and damaging.

Google has a form users can complete to request that information be removed. Facebook and Twitter provide options for reporting abusive posts, pages, accounts, etc. If the damaging review is posted on a blog, you can request the hosting company to remove a defamatory post.

In most instances, the costs of bringing a lawsuit will outweigh the benefit, and might even bring more attention to the negative comments about your brand. When defending your brand against online comments, consult with an attorney in your jurisdiction.

Ultimately, the best protection against negative comments is a healthy dose of goodwill. Invest time now—before a crisis hits—cultivating a closer relationship with fans of your brand, so they can be your first line of defense if the trolls attack.

Connect with your fans now, before you need them to rally to your brand’s defense: you’ll be glad you did!

Pic via Flickr user DonkeyHotey

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Filed Under: Customer Service, Marketing, Social Media, Social Media Crisis Management Tagged With: brand management, brands, defamation, law, legal, libel, marketing law, negative comments, public relations, reputation management, Social Media

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