The Legal Components for Social Media Marketing - Essay Example

?Running Head: SOCIAL MEDIA Social Media In this present era of globalization, the business firms are facing steep competition from their rivals. To remain in the race, the firm has to plan its business strategy keeping the recent trends in mind. Previously, the firms used to promote their products and services through broadcast media like television, radio or newspaper. But the present scenario is as such that these traditional modes of marketing are not going to work anymore. The companies are now going for social media marketing. Today more than 250 million people accesses Facebook. Twitter also has more than 14 million users, and YouTube is viewed by 100 million viewers every month (Zarrella, 2010, p. 1). These statistics data show that a huge chunk of the population is attached with the social media; and if this opportunity is not utilized, it’s a total waste. This paper highlights legal requirements for social media marketing with special reference to Facebook. The Legal components for Social Media Marketing The huge popularity of the social media outlets has made the economists recognize and tap the market by appealing their products and services through these websites. As faster the website grows, the words spread quicker. Many of the marketers have utilized the social media in order to generate attention, promotion and exposure of their brands. But while utilizing the social media, the companies should have a sound knowledge of the legal system and requirement. Trademark and Copyright Issue While using the social media outlets for promoting their brands, the companies should protect their trademark and copyright. Since such a marketing leads to informal and impromptu communication on real time basis, the copyright and trademarks of the company may fall under third party abuse. To avoid this, company should regularly monitor the social media platform to ensure that there is no misuse of the intellectual property. There are special services that monitor the profile or consumer names that are alike to the company’s name or brand. Facebook has provided instructions for submitting takedown notice that relates to “allegedly copyright infringing content” (Steinman & Hawkins, 2010, p. 3) that comes under the “Federal Digital Millennium Copyright Act” (Steinman & Hawkins, 2010, p. 3). Deceptive and misleading Contents The law treats the social media marketing and the traditional marketing in the same way. The law states that promotion of any type of deceptive or unfair practice is unlawful. The law prohibits any type of deceptive conduct like “advertising misleading price comparisons, rebates or sweepstakes promotions” (Steinman & Hawkins, 2010, p. 4). In 2009, there was a lawsuit for deceptive content against Zynga, which provides games in Facebook. Though it was proved that a third party marketer was responsible for deceptive advertising, but still both Facebook and Zynga were made liable for this act. Being a smart marketer, one has to be careful about such incidents. Terms and conditions of the social Media Social networking websites have their own terms and conditions regulating the advertising and commercial practices that are conducted on the websites like “consumer sweepstakes, contests, and giveaways” (Steinman & Hawkins, 2010, p. 5). The marketer has to be aware of the terms and conditions and has to act accordingly. The social networking sites often change these rules. One has to strictly monitor them. Facebook prohibits uploading of contents that infringes the right of the third party. Privacy and data security Since through social media, a brand’s product and services get promoted, this may raise an issue of security and privacy. It is important for the marketer of the company to be aware of these issues and take appropriate measures in order to minimize exposure to liabilities related to collection, maintenance and use of data. Facebook has its own privacy policies that regulate the use of third party conduct and consumers data on the social media platform (Steinman & Hawkins, 2010, p. 11). Alternative Dispute Resolution (ADR) Alternative Dispute Resolution is the process of settling the disputes out of the court system. This process is used in resolving many cases that are filed in court but are never resolved there. In this way, both the parties may avoid the overburdened court system. This method not only saves privacy, time and cost but also generates optimum outcome for both the parties, provides personal satisfaction, increases flexibility and control, and ongoing relationships are not hampered at that. There are four ways of alternative dispute resolution. Negotiation: This is a voluntary and informal process that resolves the conflict by reaching to a mutually accepted agreement. The parties can appoint an attorney who, after discussing and understanding the goals and objectives, provides the solution. But it depends upon the parties whether to accept the settlements (Alternative Dispute Resolution: How To Resolve Your Dispute Without Going To Court, 1996). Mediation: This is another voluntary approach that discusses the problem and then reaches to an agreement. The parties meet with a well trained mediator who outlines the issue, assists in communicating and helps to find solution. However, the mediator does not provide any solution (Alternative Dispute Resolution: How To Resolve Your Dispute Without Going To Court, 1996). Arbitration: This is both formal and informal type of settlement. This is speedy and economic too. The decision is regarded to be final and enforceable in the court of law. However, if the parties feel that the decision is improper, they can move to the court in order to settle the dispute (Alternative Dispute Resolution: How To Resolve Your Dispute Without Going To Court, 1996). In case of the dispute that arises with consumers who have made purchases from businesses that provide links through social media, settlement through arbitration is better. In arbitration, both the parties provide their evidences in written or oral forms. The arbitrator selected by the parties provides the outcome of the dispute. It is an informal proceeding done in a conference hall, rather than in court room. Since this process has both formal and informal touch of proceeding, this can be an effective way to solve the dispute. Laws by Federal Government The federal government has enacted laws to provide protection against any type of legal liability to the website owners and operators. The Communication Decency Act: This act provides the website owners and operators with protection from any type of liability related to the contents created by the third party. In the social networking site, most of the contents are posted by the third party so this act provides the necessary protection from any type of liability. The Digital Millennium Copyright Act: This act provides protection to the internet service providers where any third party posts some deceptive content and the service provider does not edit that. This act immunes the service provider from any type of monetary liability (Steinman & Hawkins, 2010, pp. 12-13). Branches of Federal Government The three branches of the federal government are “executive branch, judicial branch and legislative branch” (U.S. Federal Government, n.d.). The executive branch is responsible for enforcing the various laws required. The judicial branch is responsible for making the citizens understand the meaning of these laws and showing them how they are to be applied. Legislative branch is responsible for framing the laws (U.S. Federal Government, n.d.). Among all these, the judicial branch of the federal government plays an important role in impacting the consumer transaction. The judicial branch is important because it makes the laws understandable to the consumers, social media and business firms by applying them for appropriate cases. It also provides them with the knowledge of what is wrong and what is right. In 2009, there was a law suit for deceptive content against Zynga, which provides games in Facebook. Though it was proved that a third party marketer was responsible for deceptive advertising, but still both Facebook and Zynga were made liable for this act. Conclusion Promotion of products and services is very important part of marketing. By the use of social media outlets, many of the businesses promote their products today. The business firms share a fiduciary relationship with the social media. This relationship stands on the pillars of good faith, fair dealing and confidentiality (Sweet & Schneier, 2012, p. 181). Thus, through such a relationship, both parties grow at a sustainable rate. REFERENCES Alternative Dispute Resolution: How To Resolve Your Dispute Without Going To Court. (1996). The Association of the Bar of the City of New York. Retrieved on February 3, 2013 from http://www.nycbar.org/media-aamp-publications/brochuresbooks/alternative-dispute-resolution-how-to-resolve-your-dispute-without-going-to-court Steinman, M.L. & Hawkins, M. (2010). When Marketing Through Social Media, Legal Risks Can Go Viral. Retrieved on February 3, 2013 from http://www.venable.com/files/Publication/b4f467b9-0666-4b36-b021-351540962d65/Presentation/PublicationAttachment/019f4e5f-d6f8-4eeb-af43-40a4323b9ff1/Social_Media_white_paper.pdf Sweet, J. & Schneier, M.M. (2012). Legal Aspects of Architecture, Engineering and the Construction Process. Cengage Learning. U.S. Federal Government. (n.d.). Retrieved on February 3, 2013 from http://www.usa.gov/Agencies/federal.shtml Zarrella, D. (2010).The Social Media Marketing Book. O'Reilly Media, Inc. Read More