On Wednesday, we blogged about the new ASA regulations and some of the questions that it raised in relation to communications in the online space.

It caused a bit of a stir.

Whilst marketing, PR and social media professionals all seem to concur that ensuring vulnerable people can trust marketing communications in the online space is important and that guidelines are helpful for professionals operating in this area, there are some grey areas requiring resolution and some questions that need to be addressed.

Like whether hosting a conversation through a live social media feed on an advertisers’ website is promotion. Or what the implications are for re-Tweets.

As we continue exploring the implications of this measure, we were pleased to see that Copy Advice is beginning to address some of these questions and wanted to mention the piece as it nearly slipped under our radar.

You can read the full article for yourself here and, whilst it’s reassuring that some of the questions we touched on are being addressed, the article also highlights the complexity of the debate. For example, whilst Copy Advice offers reassurance that each breach will be examined on a case-by-case basis , we are already starting to get a sense of just how many subtleties will come into play – think context, tone, solicitation – and how hard interpreting the regulations may become.

Similarly, the attempts to define ‘marketing communications’ and a reminder of the exemptions are helpful, but fail to clarify some of the haziness around the increasingly blurry definition of editorial content.

With such rich and varied content being created by both users and companies, gaining clarity is of paramount importance – both in relation to protecting consumers and also keeping social media exciting and fresh.

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?

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.

In this day and age of social networking, many PRs are now beginning to rely too heavily on email and instant messenger to sell-in their stories to the media. Gone are the days of the telephone and the hour long lunch briefing. Now it seems, we are becoming guilty of broadcasting our messages through round-robin emails and Tweets.

Is there any talent involved in sending an email? Is this really PR? Surely PR is about building relationships and connecting with influencers? But, how can you build a rapport with a blogger if you only contact them via email? Aside from the dreaded ‘are they going to feature your story?’ question, what else do you really know about that person?

Email is great as a follow-on platform, but it should not be the central tool that we use to build relationships around. Phone calls and face to face meetings help us build personal connections with journalists and bloggers. It is these things that help us get to the heart of what types of stories and assets truly ‘turn journalists on.’

Remember the famous BT ad slogan ‘it’s good to talk’. Well, BT got it spot on! Picking up the phone and talking to influencers is a vital part of building long-term relationships. As an agency, we try wherever possible to pick up the phone and talk. We even developed a ‘following our call’ day, FOC for short. This went down a storm in the office and helped incentivise people to get on the old dog and bone instead of automatically using email to make media approaches. FOC has helped us nurture a whole database of influencers within technology, marketing and consumer fields.

"It's good to talk" BT advert starring Maureen Lipman

What’s more, we have even setup our very own blogger meetup group! Our first event is scheduled for 29th June at Marketing Week Live. In between serving up our delicious immediate future cupcakes and tea, we will be networking with all types of savvy bloggers, tweeters, forum owners and Facebookers to find out how we can help them.

It’s not just a one way street when it comes to communicating with influencers; we believe in giving bloggers information that they need and want. So, during our meetup we are going to be discussing the art of engagement and the online relationship between influencers and brands. The exhibition itself will also be full of seminars showcasing the latest tools and technology to help bloggers make their websites more effective.

Talking is the best information gatherer we as PRs have at our finger tips. Social media is a fantastic resource to use and one that we should all implement within our influencer relations, but it needs to be married with traditional relationship building skills. It’s good to talk and as PRs we don’t seem to be doing enough. So why don’t we all have a FOC day!

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.

As we all know, for some time now, media-savvy companies have been taking full advantage of YouTube, Facebook and Twitter, for a combination of brand-building, direct sales, customer service and PR. This has left us all wondering what will be the next big ‘thing’.

Could it be the controversial Chatroulette? For those of you that have had your head in the sand for the past few months, this is a video dating/exhibitionism site, started at the end of last year, which randomly connects users from around the world, enabling them to communicate using webcam, text and images. On closer inspection, users share webcam footage with each other and much of it is of a rather dubious nature – and that’s putting it mildly!

Despite what its critics say, the site is growing massively by the day and according to comScore, Chatroulette drew 960,000 U.S. visitors in February, up from 109,000 in January.

So, how can brands benefit from such a strange, sometimes obscene, phenomenon?

With the general user-base being made up of people who want to expose themselves, people looking for nudity, and curious/new users, there aren’t a lot of brands that would knowingly market themselves to digital exhibitionists, but its growing attention does present an opportunity for brands. In light of this, surely brands should ask themselves a question before trying out any new medium — especially one with a shady reputation. What do they hope to get out of it?

One brand has bitten the marketing bullet and dipped its toes in the murky waters of Chatroulette. French Connection is currently using the site to run a competition where men are being asked to set up a real date with a girl on the site. The bloke not only gets a date but also £250 worth of French Connection vouchers. The competition is part of French Connection’s The Man, The Woman campaign launched in February, which aims to draw more attention to its men’s range of clothing.

Personally, I’m not entirely convinced. Is this merely a case of social media bandwagon hopping? Brands who want to be perceived as edgy simply jumping on to the hot new thing in social media? And do we really want to see the naked truth?

There’s been a huge amount of discussion about how Twitter can be used most effectively for online PR and marketing, and there’s no shortage of interest in the subject since the mainstream media became obsessed with the platform. The only problem is that most of the current analysis is either lofty strategic level stuff, or is based on the assumption that you already know a lot about Twitter, neither of which are much use to the majority of people who just want to know where to start.

This prompted us to produce a practical guide to help PR and marketing professionals get some real value from Twitter, without assuming that they already have a deep understanding of the service.  You can get hold of a free copy of the Twitter for PR and Marketing Professionals guide on our website – we put a lot of work into it, so I hope you find it useful.

If you haven’t got time to read the whole thing, the following diagram outlines the basic steps you should follow to incorporate Twitter into your comms activities. It’s a very brief overview, and the full guide goes into a lot more detail about how you can accomplish each of these steps:

Simply put, you first need to monitor Twitter to find out what people are saying about the issues that matter to your organisation, then learn how to participate in the Twitter ecosystem appropriately in order to gain acceptance, and then you will be in a strong position to instigate the kind of conversations that are important to you.