Yesterday, I attended a Public Relations Society of America (PRSA) seminar titled, “Regulatory Scrutiny of Social Media.” The speakers were attorney Michael Lasky of Davis & Gilbert LLP and Tricia Geoghegan, who oversees several social media initiatives for Johnson & Johnson.
Lasky provided a quick overview of the recently enacted Federal Trade Commission guidelines on testimonials and endorsements. The harsh reality is that marketers (including their agencies) can now be held liable for a blogger’s unsubstantiated or misleading claims. A blogger can be defined as anyone posting information on a social media channel. Geoghegan noted that brands considering their social media strategies should factor in both the marketing opportunity and their responsibility to community. While this is particularly true for a consumer healthcare company, I think all businesses can benefit by thinking in those terms.
Lasky offered tips to the audience to avoid a run-in with the law. Here’s my condensed version:
- Encourage bloggers to disclose any material connections (including the acceptance of free products!).
- Monitor blogs to ensure statements about your products/services aren’t misleading.
- If you’re posting about your own company (or your client’s), be transparent about your connection.
- “Street team” members and celebrity endorsers should also make their relationship to the marketer clear.
- Develop written policies and procedures for employees who participate in social media.
- Add the subject of disclosure to your media training process.
- Ask yourself if your social media practices are likely to deceive the average consumer.
- Seek legal counsel on new initiatives (can’t blame the guy for including a plug!).