Marketing Legislation Seminar 2011 Slides

8/6/2019 Marketing Legislation Seminar 2011 Slides

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Reputation and

Social Marketing*Sweat the legal stuff

*Sorry, slight topic title change. No brochures

were harmed in the process.

Thursday 23 June 2011


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@pauljacobson

... talk about me while Im talking?



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The Web is Social



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These are your customers ...



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What is reputation?



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Reputation is the opinion (more technically, a socialevaluation) of the group of entities toward a person,

a group of people, oran organization on a certaincriterion. It is an important factorin many fields, suchas education, business, online communities or social

status.*

*http://en.wikipedia.org/wiki/Reputation

http://en.wikipedia.org/wiki/Reputationhttp://en.wikipedia.org/wiki/Reputation


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Reputation can be considered as a component ofthe identityas defined by others.

*http://en.wikipedia.org/wiki/Reputation

http://en.wikipedia.org/wiki/Reputationhttp://en.wikipedia.org/wiki/Reputation


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The Streisand Effect*

*http://en.wikipedia.org/wiki/Streisand_effect

http://en.wikipedia.org/wiki/Streisand_effecthttp://en.wikipedia.org/wiki/Streisand_effect


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2003

Collection of 12 000 Californiancoastal properties

Government sanctioned andcommissioned project

She sued for $50 million

Went public and over 420 000people viewed the photo online



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Giggs Effect



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2011 in the United Kingdom

Obtained an anonymized privacyinjunction (aka a superinjunction)

Prohibited press from mentioning hisname in the context of a scandal with a TVpersonality

His identity broke on Twitter

He sued Twitter and Twitter users ...



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How did that work out for him?



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Not so well ...



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*Giggs was also named in Parliament under a form of privilegeas the poster boy for problematic superinjunctions



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Perhaps most of all, the action is like pouringpetrol on a fire. In response to the filing,

thousands more tweets are now pouring outnaming the supposed individual all over again.

- Paid Content article at the time

http://m.paidcontent.org/article/419-twitter-and-its-users-sued-for-naming-footballer-granted-privacy/http://m.paidcontent.org/article/419-twitter-and-its-users-sued-for-naming-footballer-granted-privacy/


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Case study -

United Breaks

Guitars



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150 000 views in 1 day



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3 000 000 views in 10 days



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Uniteds share pricedropped 10%*

*http://www.ibtimes.com/articles/20090724/youtube-complain-song-cost-united-airlines-180-million.htm


SWC 2010 Soccer Fan
http://www.ibtimes.com/articles/20090724/youtube-complain-song-cost-united-airlines-180-million.htmhttp://www.ibtimes.com/articles/20090724/youtube-complain-song-cost-united-airlines-180-million.htm


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Fans are passionate

... tread lightly

Fest by Axel BuhrmannCC BY SA 2.0 http://

flic.kr/p/89SRbF



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Case study -Woolworths



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I feel that woolworths did not reject christianmagazines they actually rejected God and as

it says in the Bible that who so ever rejects God

shall be rejected by God so if ever sometime infuture it does not go well with Woolworths

then you will know what the reason is.

Comment on the Woolworths

Facebook fan page



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We have been overwhelmed by the response. Thanks to everyone who

has supported us we really appreciate it. It was not our intention tooffend any religious group. Woolies has a deep regard for all faiths and

will continue to respect all our customers beliefs. Weve always prided

ourselves on listening to our customers andwe really do want

our social media pages to be a 2-wayconversation. As a retailer, we continually review all our

products including magazines and stock products that our customers

want and buy. You posted we listenedand have nowdecided to put all magazines back on our shelves. We will continue to

take a retailers view on our catalogue going forward to ensure we stock

the magazines that most of our customers want.



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If you try to stick up for what you

have a legal right to do, and you're

somewhat worse off because of it,

that's an interesting concept.

Michael Avery, Toshibas attorney,commenting on the 2007 Digg revolt



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Stop! Photo Time! by alexfinlay, CC BY 2.0Thursday 23 June 2011
http://www.flickr.com/photos/alexfinlay/4552185946/http://www.flickr.com/photos/alexfinlay/4552185946/


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Managing Risk



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Early warning and risk identification



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Swift and appropriateaction

Rapid planning



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Develop suitable policy frameworks



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King 3

Recommended practices forbetter corporate governance

(Not legally mandated but apretty good idea)

Mervyn King by Sveriges Informationsfrening, CC BY NC 2.0

http://www.flickr.com/photos/informationsforeningen/http://www.flickr.com/photos/informationsforeningen/http://www.flickr.com/photos/informationsforeningen/4702172313/in/photostream/http://www.flickr.com/photos/informationsforeningen/4702172313/in/photostream/


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Chapter 8 - stakeholderrelationships



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Any group affected by and

affecting the companysoperations



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The board should appreciate

that stakeholders' perceptionsaffect a company's reputation



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The board should delegate to

management to proactively dealwith stakeholder relationships



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The board should strive to achieve

the appropriate balance between itsvarious stakeholder groupings, in thebest interests of the company



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Transparent and effective

communication with stakeholders isessential for building and maintainingtheir trust and confidence



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The board should ensure that

disputes are resolved as effectively,efficiently and expeditiously aspossible



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What do you do?



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Develop and implement sound legal frameworks


Listen to what your stakeholders are saying


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Listen to what your stakeholders are saying



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Reputation management = organisational imperative



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It takes 20 years to build a reputation,and 5 minutes to ruin it. If you think about

that, you will do things differently

- Warren Buffett



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Social mediapolicy: framework

and structure


N b k!


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Not a big stick!



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Its purpose is toguide, inform and

educate (oh, andmeasure)



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Consider the reputationalimpact employees can have



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Your employees are engagingwith your customers



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Different approach



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Case study - RalphLauren vs BoingBoing



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Ralph Laurens attorneys allegedcopyright infringement



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BoingBoing responded ...



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Special thanks*

Tim Shier (MD of BrandsEye)@timshier

@brandseye

*Tim assisted with my research. Thanks Tim, you rock!



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Paul JacobsonWeb anddigital media lawyer

[email protected]

webtechlaw.com@pauljacobson
http://www.twitter.com/pauljacobsonmailto:[email protected]://www.twitter.com/pauljacobsonhttp://www.twitter.com/pauljacobsonhttp://webtechlaw.com/http://webtechlaw.com/mailto:[email protected]:[email protected]

Marketing Legislation Seminar 2011 Slides

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