1. Dominic Sparkes, CEO & Founder

2. We spend our time
managing social
media…
 1,000,000’s messages moderated
 60+ clients
 50 platforms
 15 languages
 140 staff
 24 / 7 / 365

3. Since 2003, brands have entrusted their reputation to Tempero…

4. The next 30 mins…
 Explore the legal & ethical framework of SM marketing
 Slight change to format today…
 Joined by:
 Kate Atkin, Partner, M Law
 What legal and ethical issues should be considered?
 Why consider them?
 Recent changes to the ASA guidelines
 Common pit-falls and how to avoid them
This is an open debate with free legal advice 
Questions at any point please.

5. What needs to be Legal
considered… - Copyright
- Contempt of Court
- Libel
- Trading laws
- Privacy
Industry Compliance
- ASA (Cap codes)
- DMA (Code of practise)
- Portman Group (Responsible marketing of Alcoholic
drinks in Digital Media)
- UKCISS (Moderation & social networking guidance)
Ethical & Practical
- Honesty & Transparency (Trust, Integrity, Respect,
Privacy)
- Moderation
- Resourcing

6. What needs to be Legal
considered…
In UGC land you may be seen in law as a Publisher & Editor
-Copyright
- Video, brands or trademark characters as avatars risk
areas
- EU E-Commerce directive may protect you
- Quality not quantity is looked at. Tweets are not too
short to infringe copyright
-Contempt of Court
- Users often don’t realise they are in contempt
- Some purposefully try to sabotage court orders
- Notice & take down is vital
** Are these issues more or less of a risk on 3rd party sites
such as Facebook? **

7. What needs to be Legal
considered…
- Libel
- New proposals aim to encourage freedom of speech
- Libel tourism hopefully reduced
- Claim only first publication (unless material difference)
- Non jury trials
- Trading laws
- OFT robust enforcement action
- Handpicked Media
- ‘The snow covered Lapland village’
- Consumer Protection from Unfair Trading Regulations
- Privacy
- Cookies and the new e-Privacy Directive
** Is our right to be forgotten a restriction of trade? **

8. What needs to be Industry Compliance – ASA / CAP Codes
considered…
-Expanded to now encompass elements of UGC
-This means social media sharing features, user generated
content and marketing comms in non paid-for spaces fall
under the code
-Tweets should clearly state marketing intention (link to terms
and conditions for example)
-Inaccurate claims by users endorsed by brands fall foul
-Retweets of offers must be relevant and true
-Moderation must be sensitive to removing all negative
content

9. What needs to be Ethical & Practical
considered…
-For outreach honesty & transparency are key
-Review WOMMA’s code - Trust, Integrity, Respect, Privacy
-Moderation is a useful if not essential layer of protection
-Consider resourcing early as managing social media
effectively needs skilled staff

10. Why consider these
issues?
It takes 20 years to build a reputation and five minutes to
ruin it.
If you think about that, you’ll do things differently.
Warren Buffet

11. Why consider these Office of Fair Trading
issues… - Hand Picked Media
Brand reputation
- DKNY
Ethical
- Kenneth Cole

12. Why consider these Office of Fair Trading
issues… - Hand Picked Media

13. “Please note that Drew
Brees is a paid endorser
for several companies
and promotes them
through his social
media. For a complete
list, please visit
www.drewbrees.com
and click on the
Disclaimer section. “

17. Thursday 3rd Feb

18. Thursday 3rd Feb

19. Thursday 3rd Feb

22. Common pitfalls & Be prepared
how to avoid them • Review the objectives
• Create guidelines for process, moderation & tone of
voice
• Review time and resource
Responding is vital
• This is customer service whether you like it or not
• Respond quickly
• Respond with care
Publishing
• Hijacking inappropriate topics is a big no no
• Publishing at inopportune times reduces value
• Over 90% of retweets and replies occur in the first hour after
a tweet is published)*
• Over publishing is annoying & a waste of resource (1 FB
update, 4 tweets a day is a good average to use)
*AccuraCast 10/10

23. Common pitfalls & Content
how to avoid them •Content needs to be viable (relevant, up to date, useful)
•Avoid spam dressed up content
•Check your facts (even the smallest detail can cause
problems)
•Don’t confuse quantity with quality (RQIV)
Managing Risk
•Carry out a risk assessment to evaluate the potential issues
•Be prepared to manage a social media crisis.
•Create your own internal guidelines for what is and isn’t
acceptable (keeping the (fuzzy) law in mind)
•Create and publish clear, non legalese terms & conditions so
your users know the rules
•Implement a robust notice and take-down procedure - robust
means it must stand up to scrutiny and actually work!
•Encourage users to highlight inappropriate material
•Don ’ t over moderate – you’ll kill your community (and
possibly fall foul of the cap codes)

24. Social Media
management 2 routes to providing Social Media management
In-house
• Recruit new staff or use your existing team
• CRB check them if the content is mainly for children
• Create the guidelines
• Define escalation procedures
• Create a moderation rota that considers sickness & tech
issues
• Train the staff on the guidelines and technology
• Ensure user comms are set up
• Create standard responses
• Have legal advice ready if needed
• Assign a manager that can make key decisions
• Ensure consistency between staff
• Regularly review guidelines and procedure

25. Social Media
management 1 easy solution…
Get someone else to do it!

26. Thank you for your time
For further information please contact:
dominic.sparkes@tempero.co.uk
@domsparkes / @ temperoUK
www.tempero.co.uk
20 7278 3222
kateatkin@mlaw.co.uk
www.mlaw.co.uk
020 7927 6240

27. The key elements of Social Media Management

28. The key elements of 1. Preparation
Social Media
management
2. Moderation
3. Management
4. Technology
5. Reporting

29. The key elements of Preparation
Social Media
management • Objectives (Cost, impact and outcome)
• Risk Assessment (Content, users, technology, staff)
• Customer-facing Terms & Conditions / House rules
• Moderation guidelines
• Editorial guidelines / tone of voice
• Escalation paths
• Technology
Resources:
social-media-governance.com/policies.php • Risk mitigation & crisis plan (find the weakest link)

30. The key elements of Moderation
Social Media
management • As much about content curation as editing and deleting
• More skilled than many think
• 3 styles – pre, post and reactive
• Moderators need life-skills, attention to detail and patience
• Audit trail helps quality control
• Remit needs to be clear (user comms, admin rights etc)
• Support will be required
• Consistency is vital

31. The key elements of Management
Social Media
management Two key functions (although split differs from company to
company)
Community Administration
• Setting up the technology
• User and admin accounts
• Quantitative reporting
• Managing rotas
Community Management
• User comms
• Engagement
Resources: • Qualitative reporting
Emint.org.uk
• Supplier management
• Central role for stakeholder contact

32. The key elements of Technology
Social Media
management
• Platform – what moderation and management tools
exist?
• Moderation plug-ins (Conversocial, Syncapse)
Resources:
conversocial.com
profiler.conversocial.com

33. The key elements of Technology
Social Media
management
• Publishing tools (e.g. for Twitter & Facebook)
• Bespoke
• Full Social CMS (Lithium, Scroon, Crisp Thinking)
• Monitoring (Brandwatch, Radian 6, Buzzmetrics)
Reporting
• What is really needed?
• Data for data’s sake
• Garbage in garbage out