{"id":1430,"date":"2015-10-27T11:32:31","date_gmt":"2015-10-27T15:32:31","guid":{"rendered":"http:\/\/www.acaweb.ca\/en\/?p=1430"},"modified":"2017-11-03T13:53:25","modified_gmt":"2017-11-03T17:53:25","slug":"how-to-play-nice-on-social-media-excerpt-13","status":"publish","type":"post","link":"https:\/\/acaweb.ca\/en\/2015\/how-to-play-nice-on-social-media-excerpt-13\/","title":{"rendered":"How To Play Nice On Social Media (Excerpt 1\/3)"},"content":{"rendered":"
\"Advertising
By Brenda Pritchard & Susan Vogt<\/figcaption><\/figure>\n

Lawyers Brenda Pritchard and Susan Vogt recently released the 5th edition of Advertising and Marketing Law in Canada. Published by LexisNexis Canada in association with ACA, it\u2019s a comprehensive reference tool that will help advertisers and marketers better understand the breadth and complexities of Canadian regulatory law. This excerpt, contributed by Gowling\u2019s Associate Daniel Cole, looks at legal considerations for social media marketing.<\/em><\/p>\n

PREPARING TO PLAY IN THE SOCIAL MEDIA SPACE<\/strong><\/p>\n

The question of whether or not to enter the social media space has effectively become moot. The simple fact remains that almost every business is already there by default through commentary in countless online spaces about the company and its products\/services. As noted at the beginning of this chapter, the necessary question has, therefore, become how well can your organization engage in social media?<\/p>\n

Assuming your company has decided to engage in social media (in\u00a0one form or another), here are a few additional considerations to keep in\u00a0mind:<\/p>\n

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  1. Understanding the Space<\/strong>
    \nSocial media communications are often informal and immediate. In order\u00a0to operate effectively in this space, your organization needs to have the\u00a0ability to operate on a \u201cbreaking news\u201d basis. If you have something to\u00a0say through social media, you often do not have weeks or even days to\u00a0refine your message and have it vetted by each corporate stakeholder\u00a0(including the legal team). Most often, you have to say it immediately, or\u00a0your message risks losing its power and your social media platform\u00a0could lose credibility.The problem, of course, with informal \u201cbreaking news\u201d type communications\u00a0is the lack of oversight. Without multiple levels of review\u00a0and the benefit of a \u201cpause\u201d to consider the wisdom, accuracy and appropriateness\u00a0of the message, multiple dangers abound. These dangers\u00a0include (to name a few): inaccurate claims; improper trade-mark use;\u00a0unlawful or unwanted disclosure of confidential information; trade libel;\u00a0breach of sector-specific laws; infringement of third party intellectual property rights; and misappropriation of personality. In addition, there\u00a0always remains the issue of off-message communications damaging the\u00a0brand\u2019s reputation.As noted throughout this chapter, there is no fail-safe means of avoiding all of these dangers. Even if you employ a lawyer with a marketing background to draft all your social media communications and policies, the speed and informality required in social media simply means that mistakes will be made. This is, simply put, the reality of playing in the social space.<\/li>\n

    <\/p>\n

  2. Insurance
    \n<\/strong>Aside from typical advertising insurance, it is important to consider\u00a0whether or not additional insurance is required to cover unique risks\u00a0associated with executing a social media advertising campaign. For example, does your existing comprehensive general, media or errors and\u00a0omissions insurance policy cover problematic user-generated content?\u00a0This is a complex issue. Consult your insurer.<\/li>\n

    <\/p>\n

  3. Choosing a Platform
    \n<\/strong>At the initial stage of choosing a platform, your choice is likely going to\u00a0involve one or more of the \u201cBig 5\u201d (i.e., Facebook, Twitter, Pinterest,\u00a0Instagram and YouTube). No matter which site(s) you choose, however,\u00a0it will be essential to determine whether or not it can be used to meet the\u00a0requirements of your advertising campaign. Of particular importance in\u00a0this regard are each site\u2019s terms of use.As discussed above, most social media platforms include terms of\u00a0use that define a user\u2019s rights and obligations when using the site. Consequently, an important legal consideration at the pre-implementation stage is to determine whether or not the terms of use for a given social media platform permit the campaign under consideration.The analysis that you need to do in relation to each site must (at a\u00a0minimum) attempt to answer the following questions:<\/p>\n