Ok, I don’t mind saying that I am confused. There was a recent story in The Drum which reported that an Australian court had ruled that comments posted on a facebook advertisements should themselves be considered advertisements – are you keeping up? That means that the advertiser, in this case Smirnoff, would be held responsible for the comments of others.
So basically a person’s comment is no longer considered editorial, despite the fact that it is opinion led and is not necessarily promoted or endorsed by a given brand in any way. It is now, as per Australian law, advertising – although not paid for! Confused? Yes, me too.
This is where the lines with social media start to blur and real confusion creates misunderstanding and concern over whether brands should even consider using online tools for promotion. Many business owners I come across consider it to be too much like hard work and they literally close a door on it altogether.
We work with a number of brands who have active social media profiles from MAOAM who have more than 600,000 likes on their Facebook page and more than 1,000 followers on twitter to Pom-Bear who have 30,000 likes on Facebook. We monitor the pages and update with posts that are relevant to each brand and their audience.
Some people argue that the brand should manage this internally but as we work so closely with our clients it becomes almost irrelevant. We work with them to engage with consumers and to ensure that when questions are asked they are answered appropriately using the correct tone of voice and approach – every client is different so it is essential that we get this right.
Obviously we are unable to monitor a brand page all day, everyday and so on occasion (although very rarely) someone will put up a post which we would deem to be unreasonable. We always remove these posts – more to ensure that others are not offended than anything else but sometimes it may be a couple of hours before we get to them.
With this new ‘law’ the brands we work for would be held accountable for the comments of others and would be liable for any action that was taken as a result of them. Thankfully a further story was issued by the Drum to say that the ASA were not considering reviewing the policy in relation to brand social media comments in the UK but it does beg the question how long will it be before this is considered.
Personally I think this is balmy. The whole idea of social media is to encourage comments and opinion from a mass audience and admittedly some people abuse that but then some people aren’t particularly nice when you meet them in the street, it doesn’t mean they are doing something which will be liable.
What does everyone else think? Should a brand be held liable for the comments of others whether promotional or otherwise? And if this is the case then should social media become another advertising medium, which does not accept editorial, and be done with it.