The disclosure of confidential information is widely considered to be the biggest risk of using social media. In fact, our research into social media and the law detailed how 3 out of 5 companies are not confident that sensitive or confidential information is protected on social platforms. But UK businesses have good reason to be apprehensive, as you will learn from our 3 reasons to think before you retweet:

Defamation: “the act of making untrue statements about another which damages his/her reputation.”1

Individuals rarely take the time to wonder whether the information that they are sharing online is anything other than hearsay. The trouble is that you can rapidly find yourself in deep waters if you do not take the time to verify the source, particularly if personal information is disclosed. Naming and shaming is not what social media was created for.

Just look at what happened to Lord McAlpine on Twitter. After being falsely branded a paedophile he was able to legally pursue literally thousands of Twitter users that had retweeted the accusation, including the wife of the Commons speaker, Sally Bercow. Although he has already sought and been awarded damages totaling hundreds of thousands of pounds, he has also decided to drop hundreds of lawsuits if those that retweeted false accusations will make a donation to Children In Need.

Copyright: “the exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will.”2

Studies have shown that social media users are more likely to engage with images and videos as opposed to content that is simply text. If something is funny, exciting or newsworthy then the temptation to share it is always there. But at what point do you think to yourself, can I actually send this? Most people never do and yet there are copyright laws in place which supposedly protect the content from being modified or distributed.

Remember the helicopter crash near Vauxhall in January of this year? Many of us found out about it through social media channels where eyewitnesses were sharing updates and images with their networks. Traditional media coverage of the incident used content which was predominantly sourced from Twitter, however, this should not have been the case. Copyright of all original works, including eyewitness photos, remains with the user that captured or created the original.

Final judgment: “the written determination of a lawsuit by the judge who presided at trial (or heard a successful motion to dismiss or a stipulation for judgment), which renders rulings on all issues and completes the case unless it is appealed to a higher court.”3

Sometimes it can be difficult to read between the lines when it comes to understanding the law, particularly when it involves an already emotive topic. Social media has a tendency to be used as a form of personal expression, as well as having a communal sense of strength in numbers, and this is where people can lose sight of themselves.

One of the UK’s most senior judges has recently ruled in favour of banning the publication of any information, including photos, pertaining to the new identities and whereabouts of Jon Venables and Robert Thompson who were sentenced for the murder of James Bulger in 1993. Dean Liddle and Neil Harkins narrowly escaped nine months in jail after sharing these photos on Twitter and Facebook, but should anyone else want to follow in their footsteps then they are more likely to receive a two year sentence than a warning!

There are a number of laws that could affect a simple retweet, not only pertaining to defamation, copyright and breach of a court ruling, but also harassment, data protection and the right to privacy. When used in marketing it is also important to be aware that the ASA regulations, the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008 can impact a campaign.

To be better prepared in case of repercussions we have prepared a free best practice guide to social media and the law which will educate and raise awareness of the legislation that affects us all.

Image courtesy of Flickr

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Have you ever wondered how to merge the physical and digital worlds together? Mega-brewer Budweiser has figured it out and is doing just that. Budweiser Brazil is testing a new and innovative beer glass referred to as the “Buddy Cup”, which is integrated with Facebook via a microchip embedded at the bottom of the glass.

The concept will bring a whole new meaning to the clinking of glasses. When two glasses touch, the cupbearers instantly become Facebook friends! Facebook is the most popular social media platform among Budweiser fans and this new concept will allow users the opportunity to integrate their in-bar experience with their social media profile.

Let’s take a closer look at how it works:

• On the bottom of each cup is a QR code and drinkers must connect the cup with their Facebook accounts by taking a picture of the chip using the Budweiser Smartphone app.

• Once that is all set up the chip at the bottom of the glass, or “bump sensor”, will automatically send a Facebook friend request to the person you bump glasses with, making it a lot easier to meet people and exchange information. Nobody likes to waste time on a night out trying to take down someone’s details, and there’s no guarantee that you will remember them all in the morning.

The Buddy Cup is to be tested and used at major public events such as concerts and festivals to see how people take to it. But with the Buddy Cup offering the chance to eliminate awkward social moments when meeting new people on a night out, it is bound to be a hit!

Image courtesy of Flickr

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Copying and sharing information online has never been easier but a simple retweet can gain you a lot more attention than you bargained for, and not necessarily of the good variety. Copyright regulations have evolved to keep up with advances in technology and the use of the Internet. For instance, Creative Commons Licences were founded so that creators of original content could determine how their work should be used.

If you would like to use material sourced online but are unsure of the rights attached to it, then use this bite size checklist for a better approach to the Copyright, Designs and Patents Act 1988. Ask yourself:

• Are you sure that the use of images, videos and audio files have been approved for use by the original copyright holder? 

• Are you sure that the trademarks have been properly acknowledged on all your marketing collateral?

• Are you sure that all staff understand what material can and cannot be used as part of the social media strategy?

• Are you sure that all marketing collateral is protected by contracts that detail how said material can and cannot be used in social media?

• Are you sure of what to do should an alleged copyright infringement against your company escalate?

Using this quick checklist will help to keep a close eye on the content that is being used and shared under your brand. Also, take care that your company Terms and Conditions leave no room for confusion when it comes to the use of any material sourced from outside the business. This will safeguard the company against copyright infringement, but beware of the law of confidence which pertains to the right to privacy. Before approving the use of sourced images, videos or any other type of content by your company on social media networks, remember to ask, are you sure?

Our best practice guide on social media and the law is full of great tips and checklists like this one. Use it to get a better understanding of litigation and how to react when things heat up.

Image courtesy of © intheskies

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Since its launch back in 2011 Snapchat has been particularly popular with the younger demographic, but is it now possible to integrate Snapchat into a brand’s marketing strategy?

For those who are not familiar with the app, it allows users to take pictures or short videos and send them to their contacts. But here’s the best part; once it is seen it disappears forever and gets deleted from the phone, app and Snapchat servers! Unlike other social networking sites that are public, Snapchat allows users the opportunity to form truly personal relationships with others and is a fun and innovative way of connecting. Even more importantly, there are no nasty surprises when someone chooses to share an embarrassing photo of you on other social platforms!

It is safe to say that the concept of Snapchat has definitely stunned many marketers who are used to dealing with social media networks that make a lasting impression, but like any other social media platform, Snapchat can be used to effectively reinforce brand identity and sales.

One frozen yogurt company in particular proved this to be the case. 16 Handles promoted their products via Snapchat and asked consumers to send pictures of their purchases, and in return they were rewarded with a Snapchat discount coupon. The best part of this marketing strategy was that the amount of discount received was only revealed once the snap had been opened at the point of sale. Everyone loves a discount and the element of surprise generated a vast amount of interest among consumers.

Here are a few other ways to use Snapchat to effectively engage interest:

1. Contests- sending snaps of clues and tips for people to win prizes

2. Discounts- sending out discounts helps build brand reputation and loyalty

3. Send insider marketing- reward loyal fans with exclusive images to create excitement and interest

4. Brand gamification- Snapchat can be used as a great way to create interest via a combination of gaming and gratification, offering prizes as well as directing users to other social sites

5. Event- encourage users to snap images and videos of an event to see how many people are having fun and sharing their experience with others.

Despite the lack of tangible results that surround this platform, it really allows brands the opportunity to be innovative with their marketing strategies and to get their message across in a fun and unique way.

Image courtesy of Flickr

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Incorporating social media into your marketing mix may seem like the norm nowadays, but so much activity has led to increased attention when it comes to legal credentials. High profile cases like that of Lord Alistair McAlpine have left 3 pertinent concerns with marketers.

Who takes responsibility?

“You started it” may have been the perfect excuse when you were a child but it just isn’t going to cut it when you get into trouble with the law. An employer can be vicariously liable, as in by extension, for their employees’ actions in the case of harassment or bullying against another member of staff, or defamation of a person’s character without evidence. These policies do apply to social media when offensive comments are posted on the Internet too.

That said, no laws are currently in place to police this. Instead employers are forced to rely on existing legislation and regulations, which means that you need to take an interest. Disclaimers detailing the ins and outs of a company’s confidential information and intellectual properties can be a help but they can also be a hindrance – regularly update your social media policy to make sure that you aren’t shooting yourself in the foot!

Who maintains confidentiality?

Confidentiality has always been a hot topic but it is very important when you are working online, and particularly in social media. You may well have a clause in the company handbook to make sure that all employees are aware of company policy regarding sharing information; the problem is that it’s so easy to do online. In fact, it may not even be your confidential information that is at risk. What about that of your customers or clients?

The Data Protection Act 1998 is in place to safeguard the personal information that is shared with your company, and to protect your company in general. All data has to be processed fairly, in line with the rights of the individual and should only be stored for as long as is necessary… 3 out of 5 businesses are not confident that data on social media networks is protected. How confident are you?

Who owns the profile?

It is not unusual for a company to appoint someone to manage their social media campaigns. This could mean that a member of staff may well be adding considerable commercial value to the business, and that they may feel protective or even possessive of the content that they generate. 

A company must have an Internet or a social media policy in place to deter and protect against this. It should ideally have a clause built into employee contracts with explicit guidelines detailing ownership of the social network profiles themselves, as well as the content that is created or shared on them.

Improper use of social media should be dealt with as though it was any other disciplinary offence, and employees should be aware of this. A company should also monitor what is being said and posted online under its name. For instance, have all photo and video files been granted permission to be used by the copyright holders? If you don’t know, you need to find out!

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Have you noticed how blue the colour scheme on most social media platforms is? Apparently it is a very trustworthy colour, subconsciously symbolising intelligence, wisdom and stability. Users can also be quite colourful, not only the content that they are sharing but the shades that their complexion goes through when something goes wrong! Neutral white, mellow yellow, fiery red and deep purple; there is a complete spectrum for social media users to explore.

The law, however, is very black and white. It is explicit when it comes to right and wrong, and the public relies on its proper execution to be protected. Why, then, is everything so grey when it comes to social media and the law? We have compiled a best practice guide to social media, with lawyers, to help you make sense of the unknown. Here are the top 5 things to consider to avoid getting into legal hot water:

1. How Confident Are You With The Law Of Confidence?

English law does not protect privacy with any specific legislation but there is a common law of ‘right to confidence’. What does this mean? Quite simply, that the owners of any unauthorised published material have a right to privacy (yes, even celebrities on Twitter). In social media this would apply to user-generated content. In this case, marketers would need to gain permission and pay particular attention when using real names or personal information.

2. There’s Only One Captain Jack Sparrow

Piracy, in whatever shape or form, is a crime. You cannot directly copy material from another source. The Copyright, Designs and Patents Act 1988 is not international and each country has their own laws of copyright. Copyright gives the owner of an original literary or artistic work, including trademarks, exclusive rights to use that work. Marketers should also understand that social media sites act as a connector and that it is your responsibility to monitor where your content is being shared, so you cannot sue Facebook, Twitter or similar sites for infringement of copyright, and you cannot be Captain Jack Sparrow.

 3. Would You Walk On The Wilde Side?

Here’s something to bear in mind; Oscar Wilde accused his lover’s father of criminal libel, AKA defamation. To avoid prison, Queensberry, the accused, hired private detectives to find proof of Wilde’s homosexual liaisons. They did. Wilde was forced to drop the charges and was liable for Queensberry’s legal expenses, which left Wilde bankrupt.

The Defamation Act 1996 may hold you accountable for “reducing a person’s standing in society”. Marketers must check the accuracy and authenticity of all statements before sharing them; retweets should be approached with extreme caution. The Protection from Harassment Act 1997, Consumer Protection from Unfair Trading Regulations 2008, The Business Protection from Misleading Marketing Regulations 2008, The Fraud Act 2006 and The Trade Marks Act 1994 can all come into play, depending on what is shared.

4. Gossip Girl Here, Your One And Only Source Into The Scandalous Life Of Social Media 

No TV programme can demonstrate the damage that can be done on social media better than America’s Gossip Girl. In six seasons of drama a whole load of secrets have torn down or built up friendships, families and frenemies – and all it takes is one message.

In real life, user-generated content (UGC) is increasingly becoming an issue for many marketers. Brands must take care that there is a policy in place to make sure that falsified social media content is policed. Fake reviews, comments and the sharing of edited information are key concerns, particularly when the Terms and Conditions are removed. Our advice is to monitor who retweets your content, and to read the ASA’s Cap Code. XOXO.

5. Get A Social Life!

While social media may suggest that it is an opportunity to socialise with friends outside of work, its role in professional life is becoming more and more prevalent. Human Resources departments across the UK use LinkedIn to source employees but the lines are rather blurry when it comes to posting as an employee and posting as an individual. Marketers must take extra care and distinguish their profiles.

So the next time that you go to update your very blue social media platforms, remember these 5 points. They should help you to avoid a Paris Brown fiasco, but if you are in any doubt then check out the full report.

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Hotpoint UK launched onto Facebook in October 2011 to support and amplify its iconic underwater world Aqualtis TV advertising campaign. One and a half years later the brand has a string of Facebook campaigns under its belt and a Facebook community of more than 69,000 fans. immediate future caught up with brand director, Ian Moverley, to find out what role Facebook currently plays as part of Hotpoint’s wider marketing mix and whether the latest Facebook redesign could affect this.

How important is Facebook to your wider marketing strategy?

Facebook plays a vital role in Hotpoint’s marketing mix. The platform has been invaluable for raising brand visibility in a highly measurable way, amplifying and extending wider advertising campaigns, capturing customer insights and data and driving traffic to our retailer network.

How is Hotpoint using Facebook as a marketing tool?

Last year we worked with immediate future to pilot our first social customer service offering. We trained a cross-functional team of marketing and customer service staff to assign and respond to Facebook customer enquiries.

Facebook has also played a fundamental role in the activation of several successful PR campaigns, as well as the amplification of ATL running across TV and print, including the popular underwater world Aqualtis TV ad.

In addition, we now have Facebook integrated into our CRM strategy, capturing customer data for email marketing through ongoing competition mechanics.  

What would you say has worked well?

Realising the platform’s potential for customer relations management has been invaluable to Hotpoint. We now have a workflow that ensures more than a quarter of enquiries are responded to within an hour; and more than 80% of enquiries are dealt with in less than 24 hours. We also have countless examples of customer negativity that have very visibly been converted into positive brand advocacy.

What do you think about Facebook’s latest redesign and do you see any opportunities to leverage?

I do think the redesign is a good move for improving the user experience and for keeping Facebook current compared with more visually engaging counterparts such as Pinterest or Instagram.

It does, however, amplify the need for brands to invest in visual – and ultimately shareable – content, something which is very much at the heart of Hotpoint’s content strategy. 

Overall do you welcome the redesign, as a brand marketer?

Only time will tell the full impact of the redesign, but it ultimately emphasises the need for a multi-platform strategy. If brand pages do see a swift tumble in user engagement then it won’t be wise to put all eggs in the Facebook basket.

Image courtesy of Facebook

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Hashtags have become the standard way to label social media posts, not only on Twitter but also on Google+ and increasingly on LinkedIn. Monitoring hashtags is an easy way to spot a social media trend and to respond accordingly.

However, it is rather unclear what kind of hashtags tend to trend on these three major social channels. I thought it would be interesting to compare trending hashtags on a given day (in this case, 17th April 2013) to understand the differences between the platforms.

Recent events and consumer products trending on Google+

Google Plus is a rapidly growing platform not only in terms of its user base but also the virality of its content. A quick look at the most popular topics and hashtags (G+ mashes them together) shows a good proportion of conversations being Google-centric (unsurprisingly!) as well as discussing recent events and consumer products. Interestingly, hashtags relating to images (such as #FlowerPower) also tend to trend on the platform.

Politics, sports and bespoke hashtags on Twitter

I was quite surprised to discover that hashtags on Twitter tend to cover topics that are more serious and even political. Unlike Google+ where conversations are largely centred around consumer products, funny pictures and gadgets (with a few exceptions), there is more of a sincere thought exchange on Twitter. Of course, there are some one-off humorous exceptions again, such as the #AskBale hashtag, set up for the fans of Gareth Bale from Tottenham Hotspur, which was hijacked by Arsenal fans!

Industry-specific, generalised topics on LinkedIn

LinkedIn introduced hashtags very recently, alongside LinkedIn Signal. There is still room for improvement to make trending hashtags easy to spot, and, bizarrely, they are case-sensitive. (Searching for any hashtag containing an upper-case letter will return no results.) It is also tricky to spot trending hashtags, and my search was limited up to 2nd degree connections, instead of LinkedIn-wide conversation.

The results were, um, rather vague. Hashtags reflected more of the industries my connections tend to work in rather than specific topics, trends or events. Perhaps it shows users still need to get used to using hashtags on LinkedIn, and that there is a great potential for growth?

In any case, each social platform naturally develops its own unique culture of conversation. It is essential we treat each social platform differently, tailoring the approach and strategy according to the specific culture of the specific channel. One-size-fits-all will bring some results, but quite often this approach will result in misguided decisions, flawed targeting, low returns and miscommunication. It will also be interesting to see how hashtags will be used on Facebook when they’re finally introduced.

How do you diversify your use of hashtags on different social platforms?

Images courtesy of Quinn Dombrowski,  Google+, Twitter and LinkedIn.

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With 200 million registered users and over 11 million in the UK, LinkedIn must focus on helping its user base expand their networks and engage with the platform on a deeper level.

In the same way Facebook has introduced Graph Search to help it’s users to discover more within the platform (other examples include tagging in photos or simply the Like button to discover the obvious…), LinkedIn is making a visible effort to help users interconnect and discover more –  learn more about LinkedIn’s recent platform update allowing users to @mention

Here are 3 ways LinkedIn are pushing the boundaries of discovery:

Discovering people

The recent update to the platform will allow users to interconnect around posts that are published. Whether these posts are sharing content, questions or seeking advice, recommendations or promoting products and services – the basic principle is that users will be able to join a conversation themselves, directly responding and bringing others to the conversations through @mentions. More people at the post party = more reasons and ways to meet people!

It is not just this very latest update that will help users discover new people, there has also been a significant update to LinkedIn’s search which supposedly delivers users the following benefits:

• Auto-complete
• Suggested searches
• Smarter query and intent algorithm
• Enhanced advanced search (this has been constantly changing over the last year e.g. finding users within groups you are a member of)
• Automated alerts

With a staggering 5.7 billion professionally oriented searches from the platform in the last year it is not hard to see why. If you want to know more check out the LinkedIn blog including the Smarter Search Slideshare

Discovering content

So, you can see how the @mention update will drive more content discovery. Users will now discuss in the thread of comment and bring more users (and companies) to the discussion through @mentions. Companies (and thought leaders) will be looking for conversations with influencers and prospects who can engage with the shared content. This will really help to take “discussions” out of groups and into updates, making the platform a lot more conversational!

But there’s more: the introduction of LinkedIn Today has undoubtedly flooded the platform (and your update feed) with richer, more relevant content. In addition, the introduction of thought leader profiles has provided users with direct access to influencers in their field of interest, much like Twitter has in the way it has made celebrities or industry experts. Not only has this benefited users, but there has also allowed companies to deploy their subject matter experts out into the platform to drive traffic.

In an example we found this week, we could see that significant web traffic had been driven by a LinkedIn today article written by their thought leader (and Founding Partner) Charlene Li  for Altimeter. 44% of the traffic for this campaign link was driven from LinkedIn and 98% of that traffic was driven from the article on LinkedIn Today.

Finally, you may have seen the recent announcement about LinkedIn Slideshare  and video ad units, propelling even more content into the platform, and yet more examples of content discovery. Find out more about the LinkedIn content ad units here

Discovering companies – suppliers, clients and your next job

Company pages continue to evolve and opening the doors for users to find out more about their next new supplier, client, partner or job target.  Utilising a network of connected employees, brands can use the range of ever evolving LinkedIn company features to engage many different audiences, to gain a follower base and propel themselves into the path of discovery:

• Company page updates - share and drive engagement around content  from within the company and their products and services
• Careers section - the introduction of rich content in the careers section including video has provided a platform for companies to communicate their culture and why it is fantastic place to work to encourage talent looking for their next steps
• Product and service recommendations - quite simply, this is discovery through referral! Users recommending companies products and services which will encourage other users to discover their next supplier or partner
• Company page insights - openly available on company pages is a range of insights to help users discover more – the employees, the top skill-sets, most recommended individuals and where employees came from. All of these insights help to build a connection with the user and the company and to extend the realms of discovery.

HP have recently been the first LinkedIn company profile to reach 1 million followers (check out the infographic) and there are many benefits associated with building these communities. You may also be interested in this recent post by my colleague Janis – 3 ways Everything Everywhere uses LinkedIn to its benefit

Discovery channel…

I desperately wanted to find a way to quote the Bloodhound Gang track Bad Touch (let’s do it like they do on the Discovery Channel) in here. I couldn’t find a link that worked, so it is on Spotify instead…

I would love to hear your thoughts and opinions on the progression of LinkedIn – so get tweeting or comment below…

Tweet to @iftweeter

Image source: Bit.ly screenshot of link https://bitly.com/QkcYRH+

Image courtesy of Matthew Gain, LinkedIn logo, Flickr under a Creative Commons Attribution-NoDerivs 2.0 Generic license

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Last week, I had the pleasure of attending Social Media Measurement & Monitoring 2013 where our lovely CEO Katy Howell (@katyhowell) was imparting her knowledge on tracking leads through Facebook.

It was a great session with lots of interesting talks and juicy debates – I’d like to share the key takeaways from the day’s events with you. There were two key messages that stuck out in my view, which I’ve outlined below.

We need to create standard measurement practices

Katie Delahaye Paine aka the “Queen of Measurement”, kicked off the conference with a talk on emerging standards in social media measurement. She emphasised the need to move towards standardised terminologies and measurements across the board. I couldn’t agree more.

At the moment, too much ambiguity remains around social metrics, which are used haphazardly and often without much thought. What do we actually mean when we say ‘reach’? And how does ‘reach’ differ across Facebook, Twitter, Pinterest and so on? How do you pin down the meaning of ‘influence’? And what calculations are being used to define ‘engagement’?

It is up to us, the social media disciples of today, to shape and contribute to the development of a standard. You can become part of the conversation via the link.

The most important #socialmedia metrics are those that matter most to your organisation – they should be tailored to your needs #measure13

— immediate future (@iftweeter) March 27, 2013

Tailor your social media measurement to fit with your business objectives and use metrics that speak to the Board

One of the greatest pain points for many social media professionals is the prevailing disconnect between social media and the wider business. This can be reduced by tying your social media metrics back to overarching business objectives. Your data needs to make sense to those who aren’t directly involved to help them to see the overall benefit of your social activity for the business. Remember that the metrics that are best for your organisation will be unique, so take the time to tailor them to your specific needs.

Did you know #SMMStandards have already been written? smmstandards.org A cross-industry effort to simplify measurement #measure13

— immediate future (@iftweeter) March 27, 2013

You should look to agree your social media metrics with senior level associates or the board members – try to weave social into the DNA of your business. Conference delegates chuckled when a speaker joked, “when has a director ever said WOW, there were 3 retweets”, but it’s very true. We shouldn’t be wasting our time waving Likes, Followers and other ‘vanity metrics’ in the board members’ faces. They are meaningless to them and in doing so you risk undermining your good work.

Put your metrics in context. Preferably in a context that are recognised by the board @flyingbinary #measure13

— Katy Howell (@katyhowell) March 27, 2013

To round off, I’d like to share a comment made during the conference; “Businesses already have a lot of data, they need understanding in order to be able to get the best out of it”. I think this certainly rings true. Make sure you stop worrying about ‘big data’ and start by squeezing the juicy bits out of the data you have already got at your fingertips. Make sure your data tells you something and do not fall into the trap of creating meaningless stats and charts. It will only make you look silly.

Image courtesy of Our Social Times

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