The extension of the ASA’s CAP code to cover digital marketing communications – both on brand’s own websites, but also through social media, has been driven by a need to close the gap related to companies’ claims online, in particular to regulate marketing to children.

There is no doubt that regulation is essential to protect the vulnerable. And to give brands clear guidance on accepted professional standards of communication. Everybody benefits.

At face value, the digital extension is clear: online communications that are generated or commissioned by a brand fall under the CAP code’s remit. All you need to do to ascertain liability is ‘follow the money.’

But is it really that clear cut?

Marketing communications falls under the Code; press releases on a company website are exempt. But ‘editorial’ and ‘marketing communications material’ can be difficult to distinguish. PR covers more than just press releases. Many different forms of content may be used to grab the attention of influencers.

And many different flavours of influencers may be engaged. If those influencers are professional journalists they are deemed capable of making up their own mind about PR material. What about bloggers? At which point do they move from interested member of the public who needs protecting by the Code, to media professional who can apply a different set of criteria to evaluating marketing material?

So what is marketing promotion?

Beyond online PR, the non-paid-for space online presents even more shades of grey. If a brand commissions user generated content (UGC) which is shared online, that communications piece falls under the CAP code digital remit. Unsolicited UGC is not covered. Promoting unsolicited UGC is covered. So what is considered a marketing promotion?

• Is a tweet highlighting UGC a brand admires to be considered under regulation?
• Is hosting a conversation through a live social media feed on an advertisers’ website, promotion?

There are many challenges here for social media marketing.

• Advertisers may have many different social media estates. These are not always managed at a senior level and engagement with those sites is not always defined. There is a potential that this extension will add to the fear of social media that already stops many companies from taking part.
• Those individuals already engaging in social media activities will need a level of communications expertise and an understanding of regulations that may be unfamiliar and outside of their experience.
• Hat tipping trends and influencer comment has become common amongst social savvy brands. This will now need some forethought to prevent false claims.

ASA will risk your brand reputation

Another concern is the risk to reputation represented by the planned ASA ‘outing’ of non compliant brands.

Even under the existing code, long after reparation is made, an adjudication can still show up high on a search engine results page. The new Code will bring a new ‘name and shame’ site into play. The impact of appearing on that site will affect business and increase punitive measure way beyond the fines.

The industry needs clarity

We have many questions that the Code as yet leaves unanswered:

• What is the difference between marketing communication and editorial on a website – and will the decision be made based on solely ASA assessment?
• Is an RSS or Twitter feed that pulls UGC onto a company website considered promotion and therefore covered by the code?
• When will the ‘name and shame’ site come into play? While the Code is still being defined advertisers could easily fall foul. If the point of contention is an ambiguous one, will there be negotiation room around the complaint or could a brand fall victim to a temporary ambiguity, while the judgement remains online for perpetuity?

Perhaps the biggest question that remains however, is this: given the ambiguity between editorial, PR and marketing, why was the CIPR not even consulted?

With a new football season underway and an eagerly anticipated Premier League campaign due to start this weekend, I’ve been considering my consumption of the global game recently and how it’s changed.  Not just for individuals, but for brands as well.

Everyone knows football is big business with dedicated, die-hard fans.  So social media provides the perfect forum for fans to interact, share their thoughts, keep up to date with their team’s latest gossip and transfer news.  The World Cup was also a ‘first’ for two reasons.  Not only was it the first tournament to be hosted in Africa, it was also dubbed the first ever ‘social media’ World Cup.

Interesting stats courtesy of www.simplyzesty.com back this up too.  Coca Cola’s sponsored hash tag #wc2010 received 86m impressions in 24 hours.  The Vuvuzela iPhone app was number 1 on iTunes in 50 countries in June.  Nike’s World Cup advert received more than 19million views on YouTube.  3,238 tweets per second recorded during the Japan Denmark match (the normal rate is 750).  497,000 ‘Likes’ for the England’s Team Facebook fanpage (seems like too many to me and it’s now more than 550,000?!)

Interestingly, brands who weren’t even ‘official’ sponsors in South Africa this year, maximised their use of online channels for their campaigns.  Nike’s ‘Write the Future’ campaign for example dominated the social media landscape prior to the World Cup.  Nielsen also found that Budweiser, who paid a heavy price for the global sponsorship rights, was trounced by their rival Carlsberg in terms of online chatter volumes.

Everyone, from fans to journalists, used Twitter to experience this tournament, with dedicated World Cup hash tags making commentary easier to source.  Twitter is a serious presence in social commentary, an effective means of gauging response and reaction to cultural events for brands looking for tactical as well as more strategic territories to associate themselves with.  Appreciating how consumers are changing their media behaviour reiterates the value of events like the World Cup.

It’s the brands who take the time to understand this relationship, understand where their fans are talking, that grab the real opportunities to engage with consumers.  More importantly, brands are able to measure engagement providing a compelling case for new forms of marketing and sales promotion.

It seems all football fans need now is an internet connection, or a smartphone and the information is at their fingertips.  The combination of podcasts (Guardian Football weekly), websites (nothing beats BBC Football, Football365), Twitter (some of the biggest official club feeds include Chelsea’s stamfordthelion Liverpool’s LFCTV) and Arsenal’s (arsenaldotcom), live streams over IPTV all prove valuable to brands looking to capitalise on fans’ online presence following their passions for the beautiful game.

However, not everyone will get it right first time.  As Umbro found out trying to run a Foursquare promotion at a Manchester City home game last season, aiming to create a record for the biggest number of people checking in at the same location.  Credit to Umbro for engaging with Foursquare so early on, however uptake was minimal.  More investment in the incentive to check in, free tickets or a replica shirt for example, rather than a t-shirt, could have produced further uptake.

Or was it because there aren’t many football fans using Foursquare yet?  We’ve seen brands succeed at the World Cup so I will be interested to monitor if those using social media tactics to good effect during the 2010/11 season…

We are in the midst of the 2010 Tour de France and the race has come down to just two riders. Andy Schleck is just eight seconds behind “Berty the Accountant” (Alberto Contador) as Ned Boulting and Matt Rendal call him on their Real Peloton podcasts. It has been an amazing spectacle, cobbles, crashes, tears on the podium, mountains, more crashes, British riders in the mix and millions of Twitter posts.

This year more than ever before we are able to share in all the ups and downs of teams, riders and all other interested parties in diverse ways. Where marketing budgets for teams (marketing tools themselves) are tiny – let’s take the first year British team, Team Sky, as an example – social media has become a cornerstone of its communications plan.

Prior to this year, and it can be seen in Formula One as well, Facebook fan pages and especially Twitter profiles were the preserve of a limited number of tech savvy competitors looking to build their own brand. 2010 however, has seen a holistic approach to social networking as a seriously cost effective channel to fans.

Looking more closely at Team Sky you find the website is supported by a Facebook page, a Twitter profile and a blog (only in name as nowhere to add comment) on the website. Add to this the set of individual rider’s Twitter profiles and the whole story of the team’s race can be gleaned in just a few minutes.

If success is measured in numbers, and it most often is, then Team RadioShack - undoubtedly due to the presence of Lance Armstrong – has the social media yellow jersey. Team Sky do well with over 42,000 fans, while the current yellow jersey wearer’s team has just 2,133 fans. That said the current race leader himself has almost 70,000 followers on Twitter, damn good when he is only following 16.

We are seeing a real revolution in sports marketing. Fans have always been fans, but with social media the ability to get to share in the success and disappointment of your heroes, almost as it happens and directly from them, creates a much stronger bond for that fan with that sports person as a brand.

Having said that, you can get too much of a good thing. At the moment I have to avoid using Twitter for large portions of the afternoon and evening so I don’t see who wins the stage before catching the highlights on TV that evening. But, once the stage is over, I am straight onto TweetDeck to get the inside track on what the riders are saying.  Word of mouth marketing has never had such a perfect case study.

Taking a look at the evolution of social media as a communications tool over the past year, it is clear that one thing in particular has changed, businesses now take it seriously and include in their communications strategy.

Brands now automatically lose their shine with customers if they do not allow for direct communication between customer and company. This shift in expectation has lead to the growth in the number of managing directors asking where the company’s Twitter feeds, Facebook pages and YouTube channels are and why can’t we have thousands of fans tomorrow?

With a view to providing a glimpse under the hood at some of these changes over the last twelve months, we have put together our Social Media Lens. The document launches today at Marketing Week Live! For your own copy just click here, all we ask are a few details about you.

We have been very lucky to have some of the UK’s leading practitioners in the social media space support us with the production of Social Media Lens; presenting real world examples instead of last year’s theories. The collection of articles provides a unique view on what has changed, what works, what doesn’t and a variety of tips and tricks for getting social media activity up and running.

Articles in the ebook cover a whole raft of different insights, advice, trends, what is new and coming up in social media as well as some secrets from marketing professionals from major brands including: Sony, Paddy Power, Oracle, Santander and more.

Once you have had a chance to take a read do come back and let us know what you think.

Facebook is a huge success, we all know that. But are major brands being blinded by the sheer volume of people using the channel?

First it was Levis who started using Facebook’s latest “like” functionality to allow people to share the type of jeans they are buying, or wearing. The style of jean would be sent out to all that person’s friends letting them know what jeans that person is likely to be wearing out down the youth club (do these still exist for the Facebook generation?) that evening.

Now, maybe it is just me, but I would take this as a “don’t buy these jeans” alert. The last thing I want to do, and sharing my metrosexual side here, is turn up on a night out with my friends where we are all wearing the same clothes. Maybe it is just a British thing?

The latest of the major global brands to look to Facebook to steal a march on the competition is McDonalds. The social media giant’s highly anticipated location updates, which are just round the corner, look likely to be the cornerstone of a new way for people to interact with the burger giant.

Sorry, but again maybe it is a cultural thing, but to go around sharing with your friends and family that you are in McDonalds again would fill me with dread. It is one location that, no matter how strong a guilty pleasure a quarter pounder with cheese is, I would not want to share across Facebook, not even for 50p off.

Brands such as the two I have singled out above need to be sure to think carefully about how they roll out campaigns internationally. There will always be cultural stereotypes and idiosyncrasies that will make it difficult to ensure a global social media campaign is successful in all countries. Local teams with local knowledge are important in avoiding the brand becoming a local laughing stock. One answer is to create country specific Facebook pages that will enable these individualities to be a positive and not an opportunity to poke fun.

This ash cloud has been quite a strain, my wife and baby are still stuck in Dubai five days after they were due to fly home. The good thing is that they are staying with friends and have a great support network.

What it has shown me is how great the internet really is. Searching for information on Twitter, airline websites with the latest information (sometimes), news sites with real time video and Skype to stay in touch and more has provided real peace of mind.

Let’s talk specifically about use of social media platforms to help deal with the crisis. Twitter has become the web user’s right hand. The way the platform is set up allows a number of really useful things. You can choose to follow everything from airports to sports personalities, each wrestling with the problem of the lack of air travel in their own way. I have put together a targeted list of some of my key sources for keeping up to date. It just takes a little time to search on the site.

With a mix of journalists and news sites as well as the likes of Jake Humhprey and the Formula1 teams struggling to get home from last weekend’s race in China, there is a lot of information out there to wade through. It gives real world insight into what might work for getting the family home and is building camaraderie online.

The next key feature of Twitter is the hash tag, a really useful way to gather conversations on the same topic together. You just need to make sure that you include the right one. It is also proving a great platform for people to help each other out. The #getmehome tag has been widely used and is enabling people to share rides across Europe. I have even seen organisations and companies – one is a car share organisation called Roadshare – that are using these tags to communicate out their services to people with a specific problem; clever.

What will be interesting is to see if there is any direct increase in Twitter users as a result of this. I wouldn’t be surprised if Twitter does see a European surge on the back of Iceland’s latest contribution to the global economy – I know, an act of God.

The latest volcanic eruption in Iceland has had a dramatic effect on many more millions of people than could have been imagined. As one person commented on Twitter this morning, interesting to see the hand of God can still command such control over us mere humans – or something like that.

It is a time like this that social media can really help stranded passengers and relatives waiting on news. Yet the airlines seem to be avoiding the channels there right in front of them. British Airways are Tweeting about the state of play and interestingly Heathrow Airport’s Twitter stream is also a good source of what little information there is right now.

How this plays out when there is no actual solution for people who are supposed to be in the air right now or have flights planned for the next few days is going to be interesting. Airlines, probably led by the aviation authorities, need to start managing customer expectations now. They have no control and have to wait on the National Air Traffic Service to open the skies again. Realistically there are unlikely to be flights into the UK in the next 48 hours and then how do the airlines manage the thousands of calls for people trying to get on flights? As I learnt in a previous life, news that there is no news and that the airline is doing all it can to solve passenger problems is better than no news at all.

The Twitter expert probably has a bit of an advantage, staying in touch with things through a series of feeds, managing both their own and their families’ expectations as to when they will be able to fly. Some suggested feeds are:

1. The Met Office – tracking the plume of ash and will provide NATS with the information it uses to decide to open UK airspace again
2. Heathrow Airport – for latest on the status on the ground at the airport
3. Aberdeen Airport – this airport should reopen before any other UK airports, so worth keeping an eye on its feed

Good luck to those trying to fly today and thoughts go out to the Icelanders feeling the full force of the eruption, no casualties reported, which is good news. As always better safe than sorry.

A recent campaign on Twitter, so-called “twitterbombarding”, introduced us to a new level of interaction with the microblogging site. Comedian Ross Noble (@realrossnoble) started the campaign in December 2009, targeting both individuals as well as corporations. There was no specific logic in selecting the targets; someone could suggest a target to Noble (as they did with Nick Griffin) or Noble came up with the target himself. The intention wasn’t to cause any animosity or aggravation toward the targets. The idea behind twitterbombarding wasn’t for Ross Noble to be the focus point. He was looking to do something fun, see how to master a practical joke online, if you like.

Having encouraged his followers to bombard a selected target with ridiculous questions, it would then be a waiting game to see how the target would react. Would there be direct replies, would a company provide a holding statement or would there be silence. Targets varied from Kerry McCarthy (Labour MP Bristol East) and Doritos, to BNP and Nick Griffin.

Ms McCarthy took the campaign in her stride: in the space of six hours, she answered more than 100 questions. The BNP responded with silence, posting general tweets but ignoring the commotion on their pages. This was like throwing fuel into the fire as the tweets got more and more provoking, looking for a reaction from the BNP.

Are campaigns like twitterbombarding likely to become a norm? I don’t think so. Random twitterbombarding is meant to be a form of amusement, keeping us occupied online. A coordinated PR campaign would very quickly become spam which would undermine the campaign completely. If the audience is seeing a campaign as spam, it is very easy to block users on social media sites, such as Twitter. Quirky brands that look to flirt with danger with their PR activity might pull a campaign like this off; fans of more traditional approaches should steer clear.

If a client is targeted by a guerilla campaign similar to the twitterbombarding, the response has to be reviewed on a client-by-client basis. Brands such as Doritos are perfect for some online banter; would more traditional/conformed brands benefit from taking part? The good thing about campaigns of this nature is the possibility of answering selected questions. No one is expecting all questions to be answered. I see the campaign as a great opportunity to communicate directly with the end users. By showing the brand is listening to them, this can only be a good thing, surely?

You might have heard a lot of chatter about real-time search recently, with Facebook buying Friendfeed (a microblogging service with some strong real-time search technology) and Google unveiling Caffeine, a more real-time focused version of its own search technology. Although real-time search is currently more hype than reality, it seems likely we’ll see the technology being used a lot more over the next 12-18 months, so online PR and marketing people should be paying attention.

What is real-time search?

In conventional web search, results are influenced by the authority of a page – well established websites with a high number of links from other trusted sites tend to rank highly. Real-time search is much more focused on what’s hot right now – what are people currently talking about on social media platforms like Twitter and Facebook.

If you searched on the word “Pie” using a conventional search engine, you would expect to see some websites of big pie manufacturers, pie recipes from big cookery sites, the Wikipedia page about pies, and so on.

Real-time search, would be more likely to show you a current news story about the Prime Minister being hit in the face with a custard pie, a popular viral video of puppy stealing a pie, or some reviews of a new American Pie movie -anything related to pies that is currently generating a lot of buzz.

This is all very exciting, so it’s led a few people to declare that old-search is dead and real-time search is the future. This is nonsense. While real-time search is certainly going to get bigger, conventional search isn’t going away – if anything, the two will simply merge to provide blended results of high authority content alongside real-time results.

What does this mean for brands?

We know what we want from conventional search – our clients should be at the top of the page for relevant keywords, and the rest of the page should be filled with authoritative third party recommendations. This is what SEO and online PR is all about.

But what’s the goal with real-time search? If you want to consistently appear at the top of real-time search results, your brand is going to have to consistently be interesting enough to get people talking. This, I would suggest, requires a kick-ass online PR strategy.

What should you do about it?

Brands need to get a lot better at monitoring what’s happening online, to stay informed about what the rising trends are in their key markets and what subjects are generating online buzz. Forget monthly or even weekly reports – too slow, you lose.

Second, reaction times need to improve. If it takes you a week to get anything approved, you’re wasting your time. As real-time search becomes more important, comms teams will need the flexibility to respond to issues quickly, while the public is still interested. When one of those funny complaint letters about your company goes viral, nobody will care that you responded brilliantly if it doesn’t happen until a week or two later.

Take a look at your crisis comms plan and consider updating it for the real-time comms environment.

It’s not just about responding quickly to the bad stuff. Keeping on top of trending topics will help you to spot opportunities for positive conversations that your brand can be a part of, although this doesn’t mean you have to pounce on every new meme and beat it to death with corporate messaging.

The essence of all this is reaction time. If your brand wants to be involved in fast moving online conversations, you will have to find ways of keeping up or risk being left behind.

You might be aware that Twitter recently updated its terms and conditions, so we thought it was worth highlighting what these changes might mean for brands that use the micro-blogging site.

Advertising

Although no specific announcement has been made regarding advertising, the new terms make it clear that Twitter is seriously considering using adverts to generate revenue. Clearly, this will have an effect on organisations which use Twitter as a PR and marketing channel – the main implication being that they could end up with adverts on their pages that they have absolutely no control over.

We suspect what will happen is that Twitter will roll out advertising at the same time as paid-for ad-free accounts to kill two birds with one stone, since no business would want to allow third party adverts on its page, least of all if it had no say over what those adverts will be.

Content Ownership

Twitter makes it clear that publishers still own the copyright of their tweets, but by publishing them on Twitter they allow the company rights to distribute that content through its websites and API. There’s very little to worry about here, Twitter isn’t about to start doing nasty things with people’s content, since that would immediately scare away all of the business users which are most likely to contribute to its future revenues.

One potential issue in this area is that the content is published to the API which third party developers can then use for any number of things. At the moment there’s nothing bad happening in that space, but it’s worth keeping an open mind about what unscrupulous people might use the content for in future – although it’s safe to assume that Twitter will quickly block access to anybody who’s using the API for illegal/spammy behaviour.

UPDATE: Netimperative reports that Twitter has ruled out introducing advertising this year.