Davis - Social Media: Managing the Risks, Exploring the Potential

August 30, 2010 | Facilitated by Alison Davis

Agenda

• About this workshop
• Why you’re here
• A quick tour of social media
• The bad news: risks
• Managing risks with policies and contracts
• Tapping social media’s potential
• Q&A/discussion

Social media: managing the risks, exploring the potential • Davis & Company 2

About this workshop

Objectives

You’ll learn how to:
– Make sense of the social media landscape
– Understand risks and benefits
– Define and set clear guidelines for acceptable use
– Tap into the potential of social media


About this workshop

Keep in mind

Me

Not a lawyer . . . . . . A communication
consultant


Why you’re here

How are you using social media?

Still in the
Using selectively Power user
thinking/planning stage


Why you’re here

What is your biggest Where do you
challenge/concern see social media’s
about social media? potential?


A quick tour of social media


A quick tour

What is social media?


Source: www.briansolis.com
9

A quick tour

Who uses social media?

18-29 30-39 40-49 50-64
2007 2009

70% 43% 29% 16%

67% 21% 11% 6%

4% 105% 164% 166%
increase increase increase increase

Source: Pew Research Center


A quick tour

What companies are doing

Of top 500 executives:

• 60% say social media is not • 75% admit that social
on their agenda media will be used
covertly
Key barriers:
Security 75%
Why? Senior apathy 57%
Fear of unproven technologies 58%

Source: Global IT consulting firm Avanade


A quick tour

What companies are doing

80% plan to use social networking to recruit talent.
95% 59% 42%

Source: Jobvite Social Recruitment Survey, May 2009


A quick tour

Companies and social networking

31% 23%
CEO is on Utilize social networking as
Facebook a tool to manage and build
our brand

23% 21%
Utilize social Utilize social networking
networking for to engage employees
recruiting purposes

Source: Deloitte


A quick tour
Employees’ views about social media

• 74% say it’s easy to damage a
company’s reputation on social
media
• 53% say social networking
pages are none of employers’
business
• 24% don’t know if their company
has a policy
• 49% say a policy wouldn’t
change how they behave online

Source: Deloitte


The bad news: risks


Risks

The source of social media’s risks

• We are human and imperfect.
• Social networking is quick, easy and intimate.
• Communications can spread virally and
publicly.


Risks
Dangers
Employment claims Legal risks
• Harrassment/bullying • Inadvertent disclosures
• Discrimination • HIPAA violations
• Defamation/slander • Corporate theft
• Invasion of privacy • Identity theft
• Minimum • Fraud and misleading
wage/overtime statements
• Copyright and trademark
infringement
• Violations of anti-spamming
laws


Risks

What can (and does) go wrong

example PR executive on Twitter:
“True confession but I’m in one of those towns
where I scratch my head and say ‘I would die
if I had to live here!’”

example Domino’s employees on YouTube:
Posted video showing them doing disgusting
things to customers’ food


Risks

Gannett


Risks

The Star-Ledger


Managing risks with

policies and contracts


Managing risks

Develop a proactive approach

Restrict
Acknowledge
employees to use
Encourage that employees
company electronic
employees to participate
resources only for
contribute? and outline
business-related
expectations?
matters?


Managing risks

Draft a brief written policy
Electronic communication
• All electronic resources are the property of the employer.
• The employer’s resources are to be used primarily for business purposes (or
business purposes only).
• Employees have no reasonable expectation of privacy in using company
resources.
• The employer has the right to monitor employee activity, pursuant to
applicable law, to ensure the resources are properly used.
• Employees are prohibited from downloading software without company
permission.
• Employees cannot spoof or hack another user’s system.
• Unauthorized, private encryption by an employee is prohibited.


Managing risks

Policy addresses social media

• The personal use of social networking web sites or systems must not
interfere with working time. (IF ACTUALLY ALLOWED.)
• Remember that written messages are, or can become, public.
Use common sense.
• Any messages that might act as the “voice” or position of the company must
be approved by the company.
• No communication should disclose any confidential or proprietary information
of the company without authorization from the company.
• No author can use logos, trademarks or other intellectual property of the
company without approval of the company.


Managing risks

ESPN’s social media policy

• Prior to engaging in any form of social networking dealing with sports,
you must receive permission from the supervisor as appointed by your
department head.
• Assume at all times you are representing ESPN.
• If you wouldn’t say it on the air or write it in your column, don’t tweet it.
• Exercise discretion, thoughtfulness and respect for your colleagues,
business associates and our fans.
• Be mindful that all posted content is subject to review in accordance with
ESPN’s employee policies and editorial guidelines.
Any violation of these guidelines could result in a range of
consequences, including but not limited to suspension or dismissal.


Managing risks

If you fire an employee

Your best defense:

A separation agreement
that ties severance
with conduct


Managing risks

Separation agreement #1

Non-disclosure:
Mr. Smith agrees not to discuss to anyone except
his immediate family, accountant(s), and
lawyer(s) any information relating to the subject
matter or existence of his agreement, including
the dollar amount set forth herein, except to the
extent required by the legal process.

Any disclosure to Mr. Smith’s immediate family,
accountant or lawyer shall be made upon their
agreement not to disclose these terms to another
person.


Managing risks

Separation agreement #2

Non-disparagement:
Mr. Smith agrees to refrain from making any
disparaging remarks now, and at any time in the
future, which could be detrimental in any way to
The Company or to individual owners, directors, or
employees of The Company, as well as The
Company’s customers, business partners,
sponsors and/or distributors, provided that this shall
not restrict Mr. Smith’s ability to respond to any
inquiry from applicable regulatory authorities or to
provide information pursuant to legal process.


Tapping social media’s potential


Tapping potential

Social media’s potential
Facilitates communication Allows sharing of ideas

Targets a wide audience Improves reputation


Tapping potential

Manage your story

“ Today, whatever you say will
end up on a blog. So you have a choice as
a company—either be proactive and take the offensive and say,
‘Here’s what’s going on,’
or you can let someone else write the story for you.
”
– Rusty Rueff, former HR exec at Electronic Arts and PepsiCo


Tapping potential

5 ways to leverage social media

1. Collaborate with other functions
2. Use the right tool for the right job
3. Recruit new hires
4. Create a sense of community
5. Engage employees in the business


5 ways to leverage
1. Collaborate with other functions

• Monitor ongoing web activity
• Develop a response strategy
• Determine roles of senior
management, “spokespeople”
• Decide on stance:
– Fight back
– Respond positively
– Ignore


5 ways to leverage
2. Use the right tool…


5 ways to leverage
3. Recruit new hires…on Twitter


5 ways to leverage
3. Recruit…Twitter example


5 ways to leverage
3. Recruit new hires…on Facebook


5 ways to leverage
3. Recruit…Facebook example


5 ways to leverage
3. Recruit new hires…on LinkedIn


5 ways to leverage
3. Recruit…LinkedIn example


5 ways to leverage
4. Create a sense of community

Blue shirt nation


5 ways to leverage

• Give employees access to critical information
• A wiki (online user-generated encyclopedia)
called Pfizerpedia
• Contains more than 10,000 articles, videos
and other content


5 ways to leverage

Watch IBM for how social
media can:
• Engage employees in culture
(2003 ValuesJam)
• Share knowledge
• Create community
• Understand key issues


Q&A/discussion


Contact

Alison Davis
(201) 445-5100
alison.davis@davisandco.com

Visit: www.davisandco.com

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Davis - Social Media: Managing the Risks, Exploring the Potential

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