nick westergaard | branddrivendigital.com | 2015

BRAND DRIVEN digital

The Organizational Impact of Social MediaHow Social Media Impacts Human Resources, Legal, and the Role of Policy and Enterprise Services

Conversation Reminder

@NickWestergaard

#UIMKTG

Beyond Social Media Marketing: Organizational Impact

‣ Recap: Everyone’s a Marketer

‣ Legal + Social Media

‣ Human Resources + Social Media

‣ Your Employees + Social Media

‣ Policy 101

‣ Collaboration Tools for Enterprise Social Media

1

Everyone’s a Marketer

Photo via Flickr user Wayne Large

Everyone’s a Marketer

Photo via Flickr user zeuxis.pixelsurgery

The Biggest Obstacles to Internal Social Media Adoption

‣ Time

‣ Talent

‣ Terror

HR, Legal, & IT

Photo via Flickr user Manuela

TRUSTtime, talent, & terror are opportunities to build

Collaboration Is Key!

2

Legal + Social Media

Why Legal Needs in the Loop on Social Media‣ Copyright

‣ Contests

‣ Disclosures

‣ Defamation

Photo via Flickr user Horia Varlan

Copyright Highlights

‣ Protects Creative Work, Intellectual Property

‣ Individual — Life + 70 years public domain

‣ Corporations & “Work for Hire” — 95 years

‣ Fair Use — Excerpting creative work; no fair use if you

use it for commercial purposes

Blogger Beware

Safe Image Sources

‣ Stock Photos — iStock, Big Stock, stock.xchng

‣ Creative Commons — Watch Crediting

‣ Take Your Own!

‣ NOT Google Image Search

Copyright Tips & Tricks

‣ Creative Commons is safest for blog pics

‣ Facebook myth — You still own what you post but by

posting you give Facebook the right to use it

commercially

‣ Always cite work and link back to source material

‣ Who owns content? The company NOT the employee

Copyright Your Work

‣ Example: Copyright Nick Westergaard 2014; or Copr. Nick Westergaard 2014; or © Nick Westergaard 2014.

‣ More information: http://www.copyright.gov/

‣ The biggest benefit? Protection! You can sue if needed.

Photo via Flickr user Dicemanic

Contests, Sweepstakes, & Giveaways

Quick Contest Tips

‣ Avoid lotteries (Illegal!) — Can’t require purchases for game of

chance. “No purchase necessary” (contact info only) protects you.

‣ Use contests based on skill rather than games of chance. Be clear

on eligibility and state rules clearly. Explain clearly how winner

will be chosen.

‣ Get release/consent from entrants up front to use winners’

names and likenesses for promotion

‣ If the retail value of the prize is $600 or more, the sponsor

must send the winner an IRS 1099 form. at the end of the tax year.

Source: kerrygorgone.com

Disclose Everything (Even Online)

Photo via Flickr user Steve Snodgrass

“– kerry o’shea gorgone, attorney/marketingprofs

“DISCLOSE A RELATIONSHIP anytime there’s a connection that’s not immediately apparent to the reader.”

The 4 Ps of Disclosure:

‣ Placement – Place disclosures near the claim they’re

qualifying.

‣ Proximity – Users shouldn’t have to scroll or zoom to see

disclosure.

‣ Prominence – Make it pop.

‣ Presentation Order – Make it “unavoidable” that

consumers see disclosure before they can “Add to

Shopping Cart.”

Source: kerrygorgone.com

ADT’s Lack of Disclosure = Paid Endorsements to the FTC

FTC & ADT Home Security Fallout

‣ Prohibits ADT from misrepresenting that any discussion or demonstration of

a security or monitoring product or service is an independent review provided

by an impartial expert;

‣ Requires ADT to clearly and prominently disclose, in connection with the

advertising of a home security or monitoring product or service, a material

connection, if one exists, between an endorser and the company; and

‣ Requires the company to promptly remove reviews and endorsements that

have been misrepresented as independently provided by an impartial expert or

that fail to disclose a material connection between ADT and an endorser.

‣ Each violation of this order could result in a $16,000 fine.

Source: kerrygorgone.com

When In Doubt, Disclose

Defamation Definition

Photo via Flickr user eflon

5 Tests of Libel

‣ Defamation — Exposing someone to hatred?

‣ Publication — Was it broadcast?

‣ Identification — Was the person singled out?

‣ Negligence — If a public figure, you have to prove malice

on the part of the defamer

‣ Damages — Will the person incur damages?

3 Defenses of Libel

‣ Truth — You can’t argue with it

‣ Privilege — Reporters can report things

‣ Fair Comment/Criticism — “I have my right to my opinion”

Horizon Group vs. Bonnen

‣ The Offending Tweet from Horizon Tenant Amanda

Bonnen: “You should just come anyway. Who said sleeping

in a moldy apartment was bad for you. Horizon realty

thinks it’s ok.”

‣ The Suit: Horizon Realty sues for $50,000 for alleged

libel.

‣ The Decision: Judge dismissed the case for not meeting

the test of libel

3

Human Resources + Social Media

Why HR Needs in the Loop on Social Media

‣ Recruiting Talent

‣ Monitoring Impact Factors That Affect Hiring

‣ Monitoring Talent & Competition

‣ Policy Creation

Social Recruiting

Photo via Flickr user betsyweber

Monitoring Impact Factors

Photo via Flickr user spettacolopuro

Monitoring Competition

Photo via Flickr user psflannery

4

Your Employees+ Social Media

Employees’ Opportunities in a Social Organization

‣ Brand Ambassadors — Encourage a culture of

engagement

‣ Internal Collaboration via social tools like Chatter and

Yammer

‣ Fostered Through Sound Policy

“Regular Employees” Matter

Source: Edelman Trust Barometer (2014)

Fostering Social Collaboration

Employee Communication

5

Social Media Policy 101

Only 33%of companies have a social media policy

Source: Grant Thornton

Nearly 25%of companies with social media policies haven’t updated them in 18 months!

Source: Grant Thornton

“Laws Are Lagging Behind the Technology ...”

– Dara Quackenbush @dquack

Photo via Flickr user wwarby

National Labor Relations Act Is 80 Years Old But …‣ Protects employees social updates about work (“My boss

is a jerk” = protected)

‣ Used by the NLRB to rule on social policies at companies

‣ Workers fired have been reinstated and compensated for

lost wages

2000

RECENT KEY RULINGS

2009

RAIN CITY CONTRACTORS NLRB’s first move to protect workers’ social media rights — a construction contractor reinstated workers fired for griping in a YouTube clip about unsafe work conditions. (NLRA lets workers talk about conditions)

2011

AMERICAN MEDICAL RESPONSE —The first Facebook firing. An employee was fired for calling her supervisor a “d#%k” and “scumbag” on Facebook. AMR settled.

YOU’RE FIRED!

MARYLAND Passes the first law protecting employees’ social media profiles and passwords — 25 other states follow suit; federal law is in the works.

2012

NLRB UPHOLDS FIRING of car salesman for mocking an accident at a neighboring car dealer on Facebook. Ruling? Employers can discipline workers for this type of speech.

2012

2013

NEW YORK CITY DEPT OF EDUCATION —Appeals court ruled the DOE couldn’t fire a teacher who wrote on Facebook that she hated her students, calling them “devil’s spawn.” Ruling? Post was intended for friends — considered “private venting” — lesser penalty.

Common Policy Mistakes to Avoid

‣ Going “Too Broad” with Restrictions — Helps to

include examples of what is permissible.

‣ Muting Whistleblowers — Your employees can talk to

the media and federal agencies; don’t need manager’s

approval, etc.

‣ Friending Subordinates — Rise in cases from

employees’ noting a boss taking action after seeing/

reacting to a social update.

Policy Should Include

‣ Philosophy & goals

‣ Transparency

‣ Common sense

‣ Confidential/proprietary guidelines

‣ Consequences

‣ Escalation rules

‣ Expectations during/outside work hours

‣ Examples/best practices

Policy Tips & Tricks

‣ Social policy shouldn’t replace your code of conduct or

handbook

‣ Shouldn’t be a detailed dictionary for use of every social

network on the planet — Hit the high points

‣ Be prescriptive — Again, examples!

‣ Outline consequences & who’s responsible

Policy Tip — Add Phrase:

“Online & Offline ...”

Privileged Information vs. Professional Advice

‣ Privileged — Hospital can’t respond to complaint about

bill on Facebook as doing so acknowledges they were a

patient

‣ Professional — Accountant can’t dispense legal advice

in response to someone’s problems on Twitter

Policy: “Be Smart”

Photo via Flickr user theritters

Policy Depends on Business & Industry

Photo via Flickr user Cupcakes & Dreams

The Challenges Posed by Regulated Industries

‣ Examples – Financial Services, Pharmaceuticals, and Law

‣ What’s in a Like? Many financial firms view ‘likes’ as

endorsements of specific financial products.

‣ Adverse Effects — Pharma can’t tweet about their

product and the disease it helps without carrying the

lengthy disclaimer on possible side effects.

‣ Digital or Die. Many are evolving. Slowly.

Clear Enforcement

Photo via Flickr user Manu_H

6

In Conclusion

Final Thoughts‣ Lead discussions with other departments — educate

both ways

‣ Empower your employees enterprise-wide

‣ No BS: Trust everyone, but have a policy that deals with

those who cannot or do not comply

nick westergaard | branddrivendigital.com | 2015

BRAND DRIVEN digital

Questions?blog: branddrivendigital.com podcast: onbrandpodcast.comtwitter: @nickwestergaard