How to be ‘safe’ in social media marketing?

Tuesday 24 August 2010

What I’ll be covering...

• Why it’s important to be ‘safe’?

• How is social media marketing regulated?

• What does it specifically cover today?

• There are some changes planned: what are they?

• What about the debate about privacy settings etc?

• Some top tips.

Why it’s important to be safe?

i. Uphold the integrity of the medium / your brand / client. Distance yourself from the cowboys!

ii. Deliver true self-regulation. We can’t always rely on legislation / regulation / self-regulation to police the sector.

iii. Social media is a growing & important marketing channel. We want this to continue...

How is social media marketing regulated?

• Marketing online is regulated by both legislation and self-regulation.

• Over 100 pieces of legislation relevant to advertising in England and Wales.

• Some of this is generic (eg Data Protection Act 1998) and some is sector-specific (eg Tobacco Advertising & Promotion Act 2002).

• Self-regulatory rules supplement legislation and fill in gaps where appropriate.

• Rules are written by industry and administered / enforced by the independent Advertising Standards Authority (ASA).

The UK advertising self-regulation system

Self-regulatory rulesBritish Code of Advertising, Sales Promotion & Direct Marketing: “the CAP Code”Supplements legislation, fills in gaps.Enforced by Advertising Standards Authority (ASA).

Covers non-broadcast advertisingThe InternetNewspapersBillboardsCinema

States that all marketing communications:•Should be legal, decent, honest & truthful.•Should not cause serious or widespread offence; exploit a consumer’s inexperience; mislead, cause fear or distress; or condone/encourage unsafe practice/violence.

What’s within the ASA’s online remit?

Emails, text & multi-media messages

(SMS/MMS)

Paid-for display ads (banners etc) Sales promotions PPC search

marketing Viral advertising

In-game advertisingAdvergames

(as part of a paid-for ad)

Video display (pre-rolls etc)

Search listings on price comparison

websites

Self-regulatory rules also specific on:

• Age-restricted products eg gambling, alcohol

• Marketing to children – including unhealthy food products.

• Environmental claims.

• Health & beauty products and therapies.

• Weight control.

• Financial products.

Consumer Protection Regulations

• EU regulations introduced in 2008 to protect consumers from unfair, misleading or aggressive marketing practices.

• Media neutral – and prohibits marketing disguising a commercial practice.

• This means that practices such as ‘astroturfing’ (eg fake blogs) are not allowed.

• The ASA administers the rules for advertising and have been incorporated into the self-regulatory code.

Changes afoot...

• The advertising industry has agreed to extend this system to cover: misleading claims within marketing communications on advertiser’s

own websites. misleading claims within marketing communications in other non

paid-for space online, such as in social media.

• An announcement is expected to be made in the early autumn and the new remit will go live in the early Spring of 2011.

• The remit extension seeks to update the self-regulatory rules and protect internet users, particularly children…

• ...and it reflects the growth and importance of social media as a marketing channel.

• What will it mean in practice?

New rules for social media

Review of Data Protection

• Social media and changing technology is a key driver for the EU Review of Data Protection Framework, implemented in the UK in 1998.

• This is the UK’s legal basis for handling personal data.

• Debate over Facebook privacy settings / Google StreetView / behavioural targeting will influence this review.

• Online marketing / services are (increasingly) built upon data driven business models.

• The outcome of this Review is likely to have a significant impact upon marketing within social media.

• IAB working with UK Government to preserve technology-neutral approach.

Top tips!

1. Get familiar with the rules – the IAB will be raising awareness of the new rules over the next few months. www.cap.org.uk

2. Reassure your clients that you adhere to the rules and that their communications will be transparent and ethical.

3. Ensure that someone on your team (or your client’s team) is able to monitor what’s going on in your social media spaces, to make sure you find anything inappropriate before the public do!

4. Visit the ICO’s code of practice for personal information online – an easy to understand guide to data collection good practice. www.ico.org.uk

5. If unsure, just ask! nick@iabuk.net ; amy@iabuk.net    

THANKS!

nick@iabuk.netwww.iabuk.net/regulatoryaffairs