Gird Your Loins – The Lawyers Are Coming

untitledBy Mike Mulvihill

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Photo courtesy of PadiProductions

Yes, prepare to defend yourself.

Social media isn’t exactly the place where people have tended to be careful about what they say. It’s Wild West, say what comes to mind in much of the social media world. But you’d best start being careful what you say lest you get slapped with a law suit.

Just this week, Clorox announced it is looking to hire a Social Media Lawyer to help police social media about the Clorox and Brita brands.  Citizen Media Law Projects posted just this week about appeals courts in Maryland and New Jersey reversing jury verdicts because of social media use by jurors during trial. And several libel and defamation lawsuits were spotlighted during 2009 — in fact a libel suit was just dismissed in favor of a Chicago tenant who Tweeted about her moldy apartment.

All this adds up to the simple acknowledgement that social media is here to stay and is getting bigger all the time.  A January 21 post by Andrew Kipsman on comScore.com reported that, “In the past year alone, Facebook more than doubled its U.S. audience from 54.5 million visitors in December 2008 to 111.9 million visitors in December 2009. It went from being the #11 ranked property to the #4 ranked property. It now accounts for 7 percent of all time spent online in the U.S.”

And it also points out that there is risk and liability a plenty for individuals who post foolish words and photos – just as there should be. But more importantly, organizations recognize that they have risk.  And where there is risk, there are lawyers there to do exactly what they are trained to do and do well – mitigate, preferably eliminate, risk.

Mark Greenfield’s recent blog regarding a webcast from the University of Florida  sponsored by The Levin College of Law and University of Florida Strategic Communications Planning Committee called  Social Media: Promises, Pitfalls & Perils, puts the age old dichotomy between legal advice and marketing/communications advice in context.  To quote his blog, “Overall, I felt there was too much emphasis on the risk and not enough said about the reward. While it was billed as a seminar on the safe and effective use of social media, one could have easily drawn the conclusion that safe and effective are mutually exclusive.”

I’ve blogged about it before – as have many others. Control is not something that works well in social media conversations.  Companies are afraid that an offhand remark about using a product like Clorox could lead to lawsuits, especially if made by an employee. Granted, these are valid concerns. But it’s going to be real interesting to see how much bad social media will be created by lawyer tinkering.  Or how many draconian social media policies will be created that basically stifle any meaningful use of social media by organizations with much to give and much to gain.

 

Conan Interruptus – Socializing Old Media

There is nothing like a PR disaster to get the ol’ buzz rolling, and the ongoing mess surrounding NBC’s evening lineup has added some fun for those of us who don’t have to deal with it from the inside or for any of the sparring camps representing the hosts.  The move to push Conan O’Brien off the air is particularly interesting in that it represents yet another example of the new age in broadcast – Socialization of Old Media.

The celebrities in charge of these shows often call attention to the failings of their networks, but this “conversation” about the juggling of the lineup got authentic awfully quickly. In  the old days firings were handled offline and quietly. In this case, the offended parties took their feeling directly to the small communities that surround late night programming on NBC and the Jay Leno Show. And Conan provided his supporters with some bits that showed his comic smarts in much the same way as his antics during an earlier interruption of his show (see clip here). Conan Interruptus

About the fight, Conan quipped he could go “star in a Lifetime original movie about a woman trapped in an abusive relationship with her network.”

All the one-liners zinging back and forth resembled nothing so much as a video Tweetfest.  I’m hoping that this fracas represents an evolving balance between the legalistic corporate speak of old and a new transparency in the world of television.

It was refreshing to see the fallen heroes of late night speak their piece in such an open manner. Radar online’s report on the Charlie Rose interview with NBC top dog Jeff Zucker this week sported a comment about Zucker being “what’s wrong with NBC.” Zucker tried not to cry over the $40 million + out of pocket for O’Brien and team, but did succumb to some strained explanations of the situation.

What’s also interesting is the way these studio matters have had an outsized influence on traditional and social media. Variations of The Tonight Show search became a trending topic on Twitter in recent weeks  – ironic, perhaps, for the anti-Twitter O’Brien. What’s not interesting is the debate in some circles about what the network did to Conan. Puhleese! He’ll survive and thrive, paraphrasing Jerry Seinfeld from a story by Sheila Marikar of ABC.

For PR people, the opportunity to observe such a crisis closely and to see the entertainers be so true to themselves was both a little refreshing and a little alarming. It’s a brave new world when such conflicts can’t be sanitized and controlled. I like it better for now, but many companies aren’t particularly well equipped to deal with similar crises scaled to their situations.

As for our late night TV “crisis?” David Carr reported this week in The New York Times that NBC didn’t kill these shows. We did. We have some affection for them, of course, but in a world where we get plenty of news fed to us all day, with the ability to see the reruns on a variety of channels the next day and where our friends are at work to keep us in the loop, well…we just don’t need late night TV like we used to.

I’m kinda glad the recent NBC conflict  spread in such a social way, aided by the principal players being themselves. It reminded me that TV can still be fun.

 

10 Years From Now – A Look Back

Again this year, I got links to dozens of those inevitable posts that come up at the beginning and end of a year. All this got me to thinking about both inevitability about wishes for the future. An email from a friend came also, remindin me of a whole list of things that weren’t around in the olden days (cell phones, polio vaccine, etc.), and it turned out that the “olden” days included the early span of my life – providing even more cause to reflect about just where all of this is going, particularly when it comes to communications.

As colleague Geoff Livingston said in Now is Gone, “Communications have evolved more in the last 10 years than in the previous 100.” And, for those of us toiling in the consulting business at CRT/tanaka who are focused on such things, the next ten years hold some pretty awesome promise for the practice of public relations.

First off, there is no loftier publication on the the planet than The Economist, and it’s covering public relations.  The Economist gives PR a good start on the coming year and decade with its declaration  “Good News: Other firms’ suffering has bolstered the public relations Business.” Aside from being amused by “good news” and “suffering” in such proximity, I was impressed by the number of trends that seem to add up in our favor.

While Richard Edelman’s description of PR as the “organising principle” behind many business decisions is a point of view that might be more an aspirational goal for a PR firm exec, there are a number of opportunities on our next-10-year horizon that do seem attainable and desirable.

First, there’s the thorny issue of reputation. What used to be thought of as “reputation management” must become a more sincere effort to engage with dozens of stakeholders in any enterprise and incorporate lots of their thinking into the direction of the organization. This opportunity is especially applicable for business, and my 10-year crystal ball says it will also affect politics in the period. We simply cannot continue to have Republicans and Democrats treat the running of a great country as just a power tilt between two parties any more than we can have irresponsible lending drive us into another economic ditch. People are rebelling and will continue to do so. Public relations plays an important role in guiding organizations to do the right things.

The second big dynamic that caught my eye in The Economist was described as “the withering of many traditional media outlets.”  That makes PR “doubly important,” by its ability to bypass such old media and through its capability of engaging new media. There is no set of people on the planet better situated than public relations professionals to take advantage of this evolution in media, but there are some important warning signs to heed.

 Brian Solis provided some insight into just what it’s going to take to play in his post this week: “The Ten Stages of Social Media Business Integration.” I would add that not only do public relations professionals need to rise to such strategic ambitions, but also must continue to learn and knit together the techniques and tools required to operate. Everything from clouds to mobile marketing to bio-interfaces will blur the communications lines and may even challenge our ethics related to privacy, intrusive marketing and human-computer interactions. Take a look at scientist-gone-to-the-policy-dark-side thinker Andrew Maynard to get a glimpse of what the world of science may throw our way in terms of new ideas in the next 10 years.

Finally, a wonderful absurdity was served up in the closing paragraphy of the article in The Economist. Reflecting on the likelihood of more regulation on the heels of recent attempts by the Federal Trade Commission in the United States to shine more light on the endorsers of products and services (The Buzz Bin, December 11, 2009), the reporter noted, “After all, companies that fall foul of the rules will need the help of a PR firm.”

Here’s to a successful and prosperous (for all the right reasons) decade!

 

Pepsi’s Super Refreshing Social Play

pepsi-new-logo.jpgWhen Pepsi declined to advertise in this year’s Super Bowl, it was big news. The best sure-fire mass media event in the nation lost one of its mainstays, who opted for a significant $20 million corporate responsibility-based social media program instead.

The Pepsi Refresh online program — set to launch this Wednesday — combines a few online trends. Pepsi Refresh focuses on civic engagement with a particular bend towards hyperlocal activity. While social, it is expected to go well beyond Facebook and Twitter and involves significant crowdsourcing initiatives for participants who want to win funding for local causes.

This program represents a significant gamble for Pepsi, but one that has been coming for a while. It makes sense that a brand that has been losing market share is willing to take this risk, and really try to invest a new form of marketing that will dramatically increase loyalty and Word of Mouth.

In theory, this is great news, but there are pitfalls to consider. Chase Bank ran a similar campaign two months ago awarding $5 million, but inspired as much angst in its effort (hat tip: Beth Kanter) as it did good. Chase’s issue was a failure to react swiftly to a groundswell demanding more transparency into the process.

It’s a bold move with great potential. $20 million can do a lot of good, more than the 3 or 4 minutes of airtime it would have bought. If invested well, the dollars can also inspire great loyalty. There are many hurdles in architecting such a campaign that need to be considered, too.

Let’s hope Pepsi can execute on the dream, and provide one of the biggest corporate social media successes this side of Dell. I’m rooting for them!

General Media Trend Implications

Forrester had an interesting analysis on their interactive marketing blog about how even the most venerable TV programs need to be concerned about online competition. With fragmented media continuing to fracture and TV audiences dwindling, this trend — signified by Pepsi moving away from mass programming — will only hasten. At the same time, video and TV — particularly mobile TV is getting hotter. It will be fascinating to watch the evolving video marketplace.

 

Holiday Resolutions For Social Media

As I gathered with family and friends over the holidays this year I did something amazing: I didn’t check Facebook or Twitter!

Rate your social media participation over the 2009 holidays (12/23/2009 – 01/04/2010)?

1 – Declined a lot
[ 45% (14 votes) ]
2
[ 13% (4 votes) ]
3 – Stayed about the same
[ 32% (10 votes) ]
4
[ 3% (1 votes) ]
5 – Increased substantially
[ 6% (2 votes) ]
Other





We all heard about how social media was influential for increasing e-sales by “efficient, low-cost way for retailers to communicate directly”. So we know retail is listening to the power of social media.

How well did it personally connect people with people during the holidays? Personally I found it hard to engage users online when I had so much going on IRL (in real life). To communicate I reverted back to the old way of communication – email and phone. So much for new technology/networks when parts of the family are still figuring out dial-up.

So what does this activity mean for engaging this year on a personal or brand level? Taking a thought from Dan Zarrella’ post about predictions social media marketing evolution. The user base of most online networks are demanding a more targeted and personalized experience. This stems from the fact that ultimately the user wants more than a face to a profile – there needs to be in real life connection. It’s been proven model for business – so there should be no difference for personal connections. TrendsSpotting’s 2010 trend pre­dic­tions in 140 characters – emphasizes the fact that personal connection will take social media to the next level this year.

In conclusion this year I hope to find the right balance between real life and social media relationship. What is your resolution or personal goal for social media engagement?

 

New Year – Same Old Aught Decade Hang Ups

 

By Mike Mulvihill

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Photo: Courtesy Optical Illusion 

First the good news – business loves social media.  A January 3 update to the University of Massachusetts Dartmouth Center for Marketing Research annual survey on the adoption and practice of social media by the Inc. 500, a list of the fastest-growing private companies in the U.S., found that more businesses are experimenting and engaging with social media.  Among the survey respondents, 91 percent of companies report they incorporated at least one social media service or tool in 2009. Literacy and awareness was also on the rise with roughly 75 percent stating that they were now “very familiar” with social networking. Conversely, there was an impressive drop in Inc 500 companies that did not use social media at all, which plunged from 43 percent in 2007 to 9 percent in 2009.

Among smaller business, the trend lags. A November 2009 survey  produced for area Chambers of Commerce in North Dakota and Minnesota asked about their use of popular social media platforms for maintaining either Personal and Business connections.  For business leaders in four Midwestern markets, Facebook is the social media platform of choice. Facebook is the platform most frequently mentioned as the site used by respondents (70 percent personal use; 43 percent business use). LinkedIn was the platform next most frequently mentioned as the site used by respondents (23 percent personal use; 41 percent business use). Twitter (17 percent personal use; 19 percent business use) was about even with Blogs (15 percent personal use; 20% business use) as the third most frequently mentioned platform used by respondents  Three others in the survey lagged significantly in use by respondents – My Space, MSN Live Space and Wikis.

As Larry Weintraub covers in his Smart Marketing blog, these businesses have likely zeroed in on the four reasons to use Social Media for your business – Marketing, PR, Market Research and Customer Service.

Now, here’s the bad news.  Control is still a major issue, especially at larger companies. According to a nationwide survey conducted by Robert Half Technology, 54 percent of 1,400 companies surveyed completely restrict employees from visiting social networking sites. Another 19 percent restrict use for business purposes only.

Businesses are increasingly using social networking sites such as Facebook and Twitter for marketing purposes, but those same companies don’t want employees logging on during work hours.

The Robert Half spokesperson said employers find social networking a waste of time. “It takes away from primary responsibility. When socializing on sites such as Facebook, we lose track of time.”

A secondary concern companies mentioned is the potential for employees leaking confidential information or sharing thoughts that may reflect badly on the company.  The spokesperson said that many of these companies are still trying to set boundaries.

 So while business increasing embraces the desire to “push out” info using social media, they still have not gotten over the fact that they have engage communities by trusting people to have conversations with customers, suppliers and their many other stakeholders.

 I’d love to see a survey of how many of the 91 percent of companies using social media are failing miserably because they still just don’t get the fact that every employee is an ambassador, whether at the supermarket, a cocktail party, the kids soccer match or when active on a social media site. They trust their salesmen to represent the company unsupervised, but can’t trust their employees to use social media responsibly. Seems like there’s still a lot of growing up to be done in 2010.

 

AppMakr Makes iPhone Apps Acce$$ible

by Geoff Livingston

Every smart internet marketer and company wants to deploy mobile apps, starting with that hot and shiny iPhone app. Yet the cost of developing iPhone applications (as well as applications for the Blackberry and Android platforms) can be cost prohibitive. AppMakr changed the iPhone application paradigm today with the launch of its $200 development service.

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Along with prominent bloggers Seth Godin, Guy Kawasaki, Robert Scoble and Jeff Jarvis, I was given a free whirl on the AppMakr service. The resulting application is the Greenversation app, which gathers the latest posts from my favorite environmental information resources. I originally compiled the list for a Live Earth/Blog Action day post last fall. You can download the Greenversation app from the iTunes store now.

A few thoughts on this groundbreaking service. It definitely democratizes iPhone apps, and makes them accessible to every person. Of course to do it cheap — like a free blog on the Blogger or WordPress service — you have to publish under the AppMakr name. Owning your application costs a little more ($499), similar to developing a blog on your own hosting service.

Like other social media content platforms, development is pretty easy for the none iPhone savvy. Users enter a website URL or keywords and AppMakr will create a sample iPhone app built from that content. Users can then customize the iPhone application by:

  • Adding content feeds, including Twitter, RSS, iTunes podcast, Flickr, YouTube, Blogger, mp4, and others
  • Changing the app’s branding, including the icon, splash screen, tab icons, header image, and text colors
  • Monetizing the app by charging for it on iTunes, or by adding ads from AdMob, Medialets, DoubleClick and Google AdSense

By no means does this replace a full-on application developed with a specific organizational purpose. But it is an extremely cost effective way to make sure your brand’s content is easily accessible to iPhone users without redeveloping everything for the platform. In that sense, I think the AppMakr service is a no brainer for most small companies and nonprofits.

If you are interested in trying out AppMakr and want to do it for just $50, here’s your chance. The service has a special launch offer for Buzz Bin readers. Here are the details:

  • Coupon name – LIVINGSTON
  • Coupon amount – $150 off the $199 price of making an app
  • Coupon valid through – 1/18/10
 

The Battle for the Mobile Internet Begins

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War was declared a long time ago, but now the battle finally begins in earnest.  2010 marks the year that Google Android and its many manufacturer and carrier partners took on Apple and its exclusive wireless carriers. The final prize?  The primary determinant of the third web boom, the mobile Internet.

All the other handset manufacturers had their chance, but no one, not even Nokia or RIM (Blackberry) could unseat Apple’s dominance.  It took another Internet company to truly bring networked functionality to a second mobile operating system.

Now there are omnipresent signs that the full fledged competition has begun:

Apple CEO Steve Jobs has been here before.  We all know how the closed MacIntosh OS did against the open Windows OS in the 90s. The question for Jobs is what will you do differently this time?

The long-term impact on communicators cannot be questioned. We will all need to communicate with our stakeholders on two inch screens in meaningful ways.  How that changes best practices for both traditional and social media communications remains to be seen.

 

The Lowest Common Denominator

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by Geoff Livingston

To get social media adopted in a conservative organization — a.k.a. a highly regulated company or government body — one really needs to research the entity’s culture and laws closely (Little Known image by victorrjr). In many cases, the battle comes down to identifying incorrect preconceived notions about social media and then doing an in depth analysis of the many barriers and procedures that will prevent social media from adoption. One must find the lowest common denominator for these barriers and facilitate change.

Change management requires an in depth understanding of the many barriers facing organizations. While there are many general barriers, such as control, one can systematically explore departments that are known to cause problems.

In the past we’ve looked at corporate examples, but this time let’s take a government organization as an example:

  • Elected leadership and management misconceptions
  • Public affairs
  • IT
  • Department responsible for transactions w/ public (i.e. Driver’s License procedures)
  • Legal barriers (Freedom of Information Act, etc.)

In all of these cases, a bare minimum level of what can be communicated via any social tool needs to be identified. Once you know the bottom, you can only move upwards.

The next question must be: Can we fit social within these parameters? Are there any forms of conversations that can occur publicly or behind a private wall that will meet these requirements, yet fulfill and enable the basic function of the organization in its relationships with stakeholders? This sometimes requires out of the box thinking. Instead of the first items on the shelf (Twitter and Facebook), perhaps a collaborative wiki is in order.

Sometimes the barriers are too great. As Brian Ellis likes to say, then management needs to make the decision: Do we want to win in the court of public opinion (with our stakeholders), or do we want to keep the rules in place? While rules are important, sometimes better relationships or collaboration is more important. If so, then procedures need to be modified to raise the bar of the lowest common denominator.

 

Facebook Privacy Suit Holds Caution for PR

There is nothing quite like a social media dustup. Most are literal tempests in teapots. Even if the teapot represents 100s of millions of participants, and even if thousands and even millions get all bent out of shape about something, there’s usually not so much as a ripple created in the analog world by events in the rarified world of social networks.

FacebookunderglassI’m wondering if Facebook will be the first social media network to truly jump into the public consciousness by enlivening the debate about privacy. Kashmir Hill’s recent post about the possibility that Facebook may have actually broken the law in its recent privacy setting changes is an intriguing look at the evolution from privacy to wherever it is we are going. People who are in the practice of public relations should be especially concerned about the implicit permission versus the intended permission that users of Facebook and other social networks are granting in their participation on the popular sites.

True/Slant reports on the suit by the Electronic Privacy Information Center [EPIC] and other groups just this week alleging that Facebook violated federal law. The complaint asks the Federal Trade Commission to take a look. And, while the FTC has not been a particular friend of privacy in this regard, it did take a nibble out of Gateway when it changed its policy in 2004.

Megan Erickson in her blog this week also focused on another significant aspect of the Facebook case, noting that the company had pitched the privacy settings as giving users more control when the “recommended” settings actually may signify giving up control. She and others report that Facebook CEO Mark Zuckerberg even had some difficulty, allowing his whole profile to go public for a period of time. PC World via Jared Newman gave us this (Facebook Privacy: Zuckerberg’s Profile Unzipped) earlier in the week, based on another True/Slant post.

The principle behind all of this is solid. If I tell you I’m going to keep something private and then later change my policy to make that information public, then I’ve done you wrong. And in that, there is an important caution to public relations professionals — not just the ones who are answering troubling questions on behalf of Facebook and Gateway, but for all of us who are searching for ways to reach our various audiences.

Even in a time when individuals are willing to squander their privacy by appearing on “reality” TV or by revealing TMI on various profile pages, all of us maintain our right to be indignant if the information is used for some corporate gain without our permission. Props to the Public Relations Society of America for taking on anonymous posts in its advocacy program, but it’s time to take the Code one step farther down the path. We must forge a set of standards that address the increasing ability of tools to search the web for personal information and the increasing predilection to put personal information to work to influence those who have not “opted in” to the conversation.

This important ethical issue will only become more complex as situations such as the recent Facebook actions are duplicated across the Web. The continuing, widespread dissemination of personal information is lamented by many, and most have been content to post an indignant comment or just note ”that cow is out of the barn.” Public sharing of private lives has provoked some revisiting of conceptions of privacy, but the mere fact that were are so naively open shouldn’t give license to commercial use of personal information.

The Facebook case and others to follow will set some legal precedents, but the public relations community should move now to address this rapidly evolving challenge.