CLARE’S LEGAL LAIR
CLARE’S LEGAL LAIR
FMCG News’ resident lawyer, Clare Thomas, is here every issue to make sure you stay on the right side of the legal track when operating in the industry
Research earlier this year revealed that 18 million consumers are now using social media platforms to speak to brands. As well as Facebook and Twitter there is growing use of other platforms, such as Instagram, Pinterest and Google+.
direct engagement with consumers. It's often the first port of call for consumers, competitors and employees to look into your brand, and all social media activity can help to improve your visibility on search engines - so it plays a valuable role. But as well as creating new
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opportunities, social media also carries with it new legal risks. Yes, it's a way of interacting in an instant with consumers - but this
here's no doubt that social media is a valuable brand building tool, allowing
means that what you say on social media may not be subject to the usual pre-publication checks that would apply to other forms of marketing such as PR and advertising. It's key that FMCG businesses
monitor what is being said about them and by them on social media. It's easy to do this with free services, such as Google Alerts and Tweetdeck. If you do come across unauthorised use of your intellectual property or defamatory material on social media, it's important to act quickly as time is of the essence in the online environment. You need to consider what you want to achieve and how to achieve it. Do you want the offending material taken down? Sometimes this may not be the best strategy as it can backfire and actually draw more attention to that material. Your lawyers can operate in the background, liaising
As with everything, there are pros and cons to social media
with your communications team and advising you on your rights and options. Prevention is better (and
cheaper) than the cure. It's a good idea to identify and claim relevant user names and domain names of your brands to ensure your online profile is protected. You should also put in place a social media policy for employees and give them regular training on this. The policy should cover employees posting personal information, details about competitors, as well as posting information about your brands. Make sure that you have a system in place to review what your company is posting on social media – and who is responsible for reviewing this material? It's particularly important that
use of any images including celebrity photographs are cleared by your lawyers to ensure that they don't expose your brand to a claim for passing off (if use is likely to falsely suggest that the celebrity is endorsing your brand). You should also be aware that the Advertising Standard Authority's remit now covers online advertising including social media. If your brand ambassadors are tweeting on your behalf, those tweets are considered marketing communications and should be identified as such - even if they are not part of a formal advertising campaign. It’s always worth remembering
that social media is not a law-free zone. Although you may have little control over user-generated content, there are legal options open to you and steps you can take to minimise the risks that social media could pose to your brands
and to your reputation.
Clare Thomas is Partner at law firm Addleshaw Goddard LLP, where she heads up the firm’s food & drink team. For more information, visit
www.addleshawgoddard.com.
30 | FMCG News |
FMCGNews.co.uk
“If you do come across unauthorised use of your
intellectual property or defamatory material on social media, it's important to act quickly as time is of the essence in the online environment.”
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