Social Media: How to Maximise Consumer Engagement without Breaching the Law

David Smith, Partner, Melbourne
Kerry Awerbuch, Senior Associate and Allison Rickard, Law Clerk
When it comes to Facebook, Twitter and Instagram, companies need to manage consumer interactions carefully to contain legal risk. 

We explored the issues at our seminar in Melbourne last week on Social Media: How to Maximise Consumer Engagement without Breaching the Law.  The seminar was attended by more than 110 people from a range of industries including FMCG, property management, sports, and advertising and marketing.

Below is a summary of key points from each of the presenters at the seminar.  If you missed it, we will also be presenting the seminar in Sydney on 30 November 2015 – let us know if you'd like to attend.

David Smith (Partner):
  • Republishing images from social media posts carries a copyright risk – but there are some steps you can take to reduce risk.
  • If you engage celebrities to promote your brand on social media, make sure consumers know there’s a commercial arrangement in place.
  • You need to manage privacy issues if you target direct marketing to individuals via social media.

Kerry Awerbuch (Senior Associate):
  • A company is responsible for the content published by it and by consumers on the company's Facebook page.
  • A company must actively monitor content posted by consumers on its Facebook page, or it may face legal claims such as defamation and misleading conduct.
  • ACCC guidelines state that large companies and small companies with a large following on social media should actively monitor, engage with and where necessary edit, posts on their social media accounts on a regular basis.  In practice, this means several times a day, seven days a week, 365 days a year. 
  • Smaller companies with a small following should monitor their social media accounts at least once or twice a week.

Allison Rickard (Law Clerk):
  • Terms and conditions should be published for all promotions run via social media, and permits may be required if it is a game of chance.
  • A common mechanic is to require entrants to upload a photo.  This raises issues around who owns the copyright in a photo (and have they given permission), who appears in the photo (and do you have their consent) and what else a promoter can do with photos after the promotion ends.  These points should be addressed in the terms and conditions.
  • The “tone” of a promotion will affect the entries received.  Companies should avoid phrasing promotions in a way that encourages entries which infringe copyright, are defamatory or breach other laws.

James Fitzgerald (Executive Director of Programming at Social Media Knowledge):
  • Why pay for untargeted media advertising when you can use targeted advertising?
  • Successful engagement with consumers requires investment in high quality content that doesn’t include a call to action.  It must be fresh content that people want to consume and share.  Video will be a key form of content.
  • You need to understand how to target individual consumers using features like Facebook's "Custom Audiences" and Twitter's "Tailored Audiences".
  • You must have a really good Customer Relationship Management (CRM) system.

We have more exciting events planned for 2016 – stay tuned!
 
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Related topics - see our recent publications on:


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Please contact us if you have any questions about using social media as a platform to grow your business. - See more at: https://gadenscontent/News/Pages/Social-Media-How-to-Maximise-Consumer-Engagement-without-Breaching-the-Law.aspx#sthash.iqYyLKmR.dpuf
Please contact us if you have any questions about using social media as a platform to grow your business.

David Smith | Partner
david.smith@gadens.com
T +61 3 9252 2563

Kerry Awerbuch
|
Senior Associate
kerry.awerbuch@gadens.com
T +61 3 9252 2573 

Allison Rickard | Law Clerk
allison.rickard@gadens.com
T +61 3 9252 2586
Allison Rickard | Law Clerk
allison.rickard@gadens.com
T +61 3 9252 2586 - See more at: https://gadenscontent/News/Pages/Social-Media-How-to-Maximise-Consumer-Engagement-without-Breaching-the-Law.aspx#sthash.iqYyLKmR.dpuf
Please contact us if you have any questions about using social media as a platform to grow your business. - See more at: https://gadenscontent/News/Pages/Social-Media-How-to-Maximise-Consumer-Engagement-without-Breaching-the-Law.aspx#sthash.iqYyLKmR.dpuf
Please contact us if you have any questions about using social media as a platform to grow your business. - See more at: https://gadenscontent/News/Pages/Social-Media-How-to-Maximise-Consumer-Engagement-without-Breaching-the-Law.aspx#sthash.iqYyLKmR.dpuf

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Similar seminars are also presented by the specialised intellectual property and information technology practice in Gadens’ Brisbane office, where your key contact is Katrina Chambers who you can contact at katrina.chambers@gadens.com.



 


This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.