Reputation and Social Marketing*

Sweat the legal stuff

*Sorry, slight topic title change. No brochures were harmed in the process.
Thursday 23 June 2011

@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 social evaluation) of the group of entities toward a person, a group of people, or an organization on a certain criterion. It is an important factor in many elds, such as education, business, online communities or social status.*

*http://en.wikipedia.org/wiki/Reputation
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Reputation can be considered as a component of the identity as dened by others.

*http://en.wikipedia.org/wiki/Reputation
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The Streisand Effect*

*http://en.wikipedia.org/wiki/Streisand_effect
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2003 Collection of 12 000 Californian coastal properties Government sanctioned and commissioned project She sued for $50 million Went public and over 420 000 people viewed the photo online

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Giggs Effect
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 2011 in the United Kingdom Obtained an anonymized privacy

injunction (aka a superinjunction)

Prohibited press from mentioning his His identity broke on Twitter He sued Twitter and Twitter users ...
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name in the context of a scandal with a TV personality

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 privilege as the poster boy for problematic superinjunctions
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Perhaps most of all, the action is like pouring petrol on a re. In response to the ling, thousands more tweets are now pouring out naming the supposed individual all over again.
- Paid Content article at the time

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Case study United Breaks Guitars

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 Dave Carroll, travelling musician and,

subsequently, social media expert;

Custom $3 500 Taylor guitar smashed; United Airlines wouldnt take responsibility; Wrote 3 songs about the experience and
published them to YouTube ...

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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 price dropped 10%*

*http://www.ibtimes.com/articles/20090724/youtube-complain-song-cost-united-airlines-180-million.htm
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SWC 2010 Soccer Fan Fest by Axel Buhrmann CC BY SA 2.0 http:// ic.kr/p/89SRbF

Fans are passionate ... tread lightly

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Case study Woolworths

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I feel that woolworths did not reject christian magazines 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 in future 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 to offend 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 and

we really do want our social media pages to be a 2-way conversation. As a retailer, we continually review all our posted we listened and have now

products including magazines and stock products that our customers want and buy. You decided 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 alexnlay, CC BY 2.0

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Managing Risk

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Early warning and risk identication

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Swift and appropriate action Rapid planning

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Develop suitable policy frameworks

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King 3
Recommended practices for better corporate governance (Not legally mandated but a pretty good idea)

Mervyn King by Sveriges Informationsfrening, CC BY NC 2.0

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Chapter 8 - stakeholder relationships

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Any group affected by and affecting the companys operations

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The board should appreciate that stakeholders' perceptions affect a company's reputation

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The board should delegate to management to proactively deal with stakeholder relationships

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The board should strive to achieve the appropriate balance between its various stakeholder groupings, in the best interests of the company

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Transparent and effective communication with stakeholders is essential for building and maintaining their trust and condence

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The board should ensure that disputes are resolved as effectively, efciently and expeditiously as possible

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What do you do?

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Develop and implement sound legal frameworks

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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 media policy: framework and structure

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Not a big stick!

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Its purpose is to guide, inform and educate (oh, and measure)

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Consider the reputational impact employees can have

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Your employees are engaging with your customers

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Different approach

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Case study - Ralph Lauren vs BoingBoing

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Ralph Laurens attorneys alleged copyright 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!

Thursday 23 June 2011

Paul Jacobson
Web and digital media lawyer paul@webtechlaw.com webtechlaw.com @pauljacobson
Thursday 23 June 2011