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SOCIAL MEDIA


• Noteworthy—user comments which are worth tagging and checking, but where a response is unlikely;


• Green—user comments which are monitored for any change or escalation, but where a response remains unlikely;


• Yellow—user comments which present potential brand damage and which are escalated to a core crisis response team for possible response; and


• Red—user comments which require immediate escalation to the core crisis response team for possible response.


Diff erent brand owners will have diff erent risk thresholds and approaches to engagement, but advance discussion and planning are crucial to ensuring that your engagement triggers the right reaction (and avoids triggering the wrong one).


Understand your jurisdictional exposure


Social media platforms are inherently cross-border, which is oſt en a great attraction to marketing departments. However, it is important to remember that a social media campaign is still marketing and that national marketing and other laws will apply. T e approach of national courts and regulators to jurisdiction varies and continues to evolve, but a good rule of thumb is that your campaign is likely to be governed, at least in theory, by the laws of any jurisdiction which you target. T is approach is refl ected by the UK’s Advertising Standards Agency, which states that its jurisdictional scope online is any domain which uses the .uk country code top-level domain (ccTLD) or which “seems to target” UK consumers.


It is also important to consider varying cultural norms before running ‘global’ campaigns. For example, a campaign featuring models in bikinis may be appropriate for the US, but in Saudi Arabia it may cross pornography laws raising both criminal and reputational concerns.


The lesson is, think hard before running ‘global’ campaigns using social media and seriously consider geo-blocking users from territories where you do not understand the risks you are taking.


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Make sure your employees are on board


Much of the damage caused by social media to brands can oſt en be done by employees commenting on their employer or its customers—the conversation down at the pub has just gone global. Educating employees about what they should and should not say on social media, whether on a brand’s own Facebook page or Twitter feed or in their private capacity, is crucial to managing social media risk.


Tell your employees about the importance of transparency and the importance of confi dentiality about work and customer matters and the potential consequences for them and the business if they post damaging comments. It is unrealistic to expect 100 percent compliance, but having appropriate policies and training in place will at least help to reduce the risk and provide a clear basis for action if something does go wrong.


Conclusion


Th e potential riches off ered by social media to brand owners are such that all but the most risk-averse will be tempted to step into the fray. Smart brand owners will do this cognisant of the legal and reputational risks and have a strategy which takes them into account in advance. ■


Ben Allgrove is a partner at Baker & McKenzie in London. He can be contacted at: ben.allgrove@bakermckenzie.com


Trademarks Brands and the Internet Volume 1, Issue 1


Ben Allgrove frequently works with clients on matters involving the cross- over space of digital media, IP and new technology. His practice includes acting on major IP and IT disputes, with a particular focus on copyright and technology disputes, content licensing and regulation, and content and soſt ware copyright issues.


www.worldipreview.com


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