Social media is an evolving area of PR practice and its profile continues to grow. It is therefore appropriate for the CIPR to update its 2007 guidelines for members and the wider PR community on how social media should be handled.
The CIPR’s social media guidelines were prepared in consultation with the Professional Practices Committee, and approved by the Board and Council. They have benefited significantly from member response and input. They have been produced in the form of an advice note and aim to demystify and to raise awareness of the issues, the potential and the pitfalls of social media.
These guidelines cover the following topics:
Click here for a print version of the guidlines.
‘Social media‘ is the term commonly given to websites, online tools and other Interactive Communication Technologies (ICT) which allow users to interact with each other in some way – by sharing information, opinions, knowledge and interests. As the name implies, social media involves the building of communities or networks, encouraging participation and engagement.
Blogs are perhaps the most well known example of social media, but the term encompasses other platforms. Examples include podcasts, ‘wikis’ (such as Wikipedia), message boards, social bookmarking websites (such as del.icio.us), social networking websites (such as bebo, MySpace) and content sharing websites (such as flickr, YouTube).
‘Social media’ can be referenced in a variety of ways, often depending on which sector is discussing it. Other terms which may be used in a similar context include ‘social software’, ‘social computing’ and ‘Web 2.0’. For convenience we use ‘social media’ throughout.
The growing popularity of social media has attracted the attention of companies who believe that these platforms open up new opportunities for communication. The opportunities are indeed there, as are the pitfalls. Organisations that apply the usual methods of dealing with the media can get into deep trouble, but that doesn’t mean that the ‘rule book’ can be completely disregarded. There are areas – both legally and in terms of best practice – that are still applicable whether dealing online or offline.
All CIPR members are bound by the Code of Conduct which is based around three principles: Integrity, Competence and Confidentiality. The Code of Conduct should be adhered to when engaging in any public relations practice and there are elements within the Code's principles which are specifically relevant to any member giving consideration to social media.
Integrity: Integrity is key to the ethical treatment of social media, as indeed it is key to all elements of professionalism. It requires that members are honest and open in their use of social media.
N.B. These guidelines do not constitute legal advice. Action should be taken only after specific legal advice has been sought. The Chartered Institute of Public Relations accepts no liability for any action taken or not taken as a result of this information.
A growing number of organisations are incorporating social media into their communications. As a relatively new phenomenon, this is still, in legal terms, a developing area. While the medium may be different, however, many of the legal considerations associated with print and broadcast need to be borne in mind. In the absence of legislation relating specifically to social media, UK practice has tended to use established areas of the law as a starting point in cases to date.
There are several areas to consider:
Consumer Protection from Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations sets out how commercial practices can be unfair through misleading or aggressive practices and lists 31 specific practices that are banned. This new regulation does not specifically relate to social media however any practice used online which is deemed unfair, misleading or aggressive will fall under these new rules.
Examples of social media activities outlawed under the Consumer Protection from Unfair Trading Regulations:
Under the Consumer Protection from Unfair Trading Regulations the following social media practices are no longer permitted:
Advertising Standards Authority
The Advertising Standards Authority’s (ASA) Code of Practice has certain legal powers to protect consumers from new forms of social media.
(1) These rules state that all marketing communications should be legal, decent, honest and truthful regardless of whether they appear in traditional media, such as a newspaper or a magazine, or in new media, such as an SMS text message or banner ad. The Code administered by the ASA is flexible and adaptable; this flexibility makes it applicable to new media as they emerge. Not all types of commercial communication in new media are covered by the Code, however. Claims companies make on their own websites, for example, do not fall within the scope of the Code. This is because the ASA does not rule on the editorial content of publications, except where space has been paid for to promote a product, service or cause. This stance by the ASA also recognises a distinction between media that consumers have chosen to access and material that they have not purposefully sought out to view.
For further information on what forms of social media advertising comes under the ASA remit please see the useful links at the end of the guidelines.
Intellectual property
Intellectual property (IP) describes ownership of an intellectual 'product' which may have commercial value. IP encompasses the following areas: copyright, trademarks, patents and design.
Trademarks include logos, slogans and words, and are 'signs' used to distinguish products or services of one company from another. A trademark owner has the right to prevent unauthorised use of that trademark.
Copyright covers material including literature, music, film, audio and art. If material is copyrighted, the copyright owner has certain economic and moral rights – for example, the right to be credited as the creator of the material and the right to be financially rewarded if the material is used by another party. In most cases, the copyright owner needs to give permission for the material to be used, although there are exceptions to this. The concept of fair use in copyright law allows for certain actions with regards to copyrighted material; for example, there is provision for quoting from publicly available material if the source is cited, its use can be justified and only the necessary amount is included.
Information from Government websites may often be covered by Crown Copyright, which generally sets out terms for free use of material. Other websites or blogs may specify a ‘Creative Commons’ licence, which allows copyright owners the option of providing their material for use if specific conditions are met.
Some practical examples of circumstances where intellectual property law may be applied include:
Disclosure / Confidentiality
In UK the law of confidence requires that a duty of confidentiality is established – this could be in the form of a written contract, for example an employment or business contract. The absence of a written document does not necessarily mean a duty of confidentiality does not exist, however.
Public relations practitioners should bear in mind issues around disclosure and confidentiality when posting information about their own company, a client or a competitor. Information can be disseminated very quickly via social media and is virtually impossible to retract once it has been published: even if it has been online for only a short time, it may well have been picked up and cached by computers around the world.
Some practical examples of circumstances where disclosure / confidentiality laws could be applied include:
There may also be specific terms in your contract of employment detailing information that is expected to remain confidential unless otherwise indicated.
If you are posting information relating to your company, a client or a competitor, you should consider whether this information may be sensitive and confirm that it has been cleared for publication. In some cases, this may involve seeking legal advice before taking any action.
Defamation
Defamation is the act of making a statement about a person or company that is considered to harm reputation, for example by lowering others’ estimation of the person or company, or by causing them to lose their rank or professional standing. If the defamatory statement is written down (in print or online) it is known as libel. If it is spoken, it is known as slander. There are exceptions to this - posting a defamatory statement online or recording it on a podcast would both be examples of libel.
Points to note:
Invasion of privacy
The legal concept of privacy in the UK is complex as there is no one privacy law. However, the Human Rights Act incorporates the right to privacy for both individuals and companies. The law of confidence is bound with the right to privacy, and many legal cases centering around the right to a private life focus on breaches of confidentiality.
Some practical examples of situations where privacy may be an issue include:
What to be aware of as an employer / employee
There have been several well-publicised cases in recent years where employers have taken action or dismissed employees based on their use of social media. A new term has even been coined following one such case: to be ‘dooced’ is to lose your job because of something you wrote in your blog.
There is much debate over the boundaries companies should set for their employees’ use of social media, and there is, as yet, no definitive answer. Organisations will always want to protect their brand against misuse or misrepresentation and also bear a certain amount of legal responsibility for employees’ actions. Being aware of the potential issues as an employer or employee means that steps can be taken to ensure these issues do not materialise.
For employers
There are circumstances under which employers can be held legally responsible for online content published by their employees. Situations that may apply include action taken as part of their role for the company and material published on an official company space or somewhere that has been previously sanctioned by the company. It is therefore important to make all employees aware of the potential legal issues (outlined above) as well as any specific company policy on engaging with social media.
Giving employees clear guidelines on what is and isn’t considered acceptable helps both parties to understand the parameters when dealing with social media from an employment perspective. A social media policy can be incorporated into email and internet policies; it may also be deemed necessary to include provision in staff contracts.
Areas to address in a company social media policy may include:
Once a policy is in place, this needs to be highlighted to employees so that all are aware of its existence and contents. Consideration should be given to what steps will be taken if the policy is disregarded and you should ensure that implementation of the policy is consistent.
For examples of the policies some organisations have put in place, please see the useful links at the end of these guidelines.
If you have an organisational blog, you should bear in mind that posting the opinions of others can mean you assume a certain amount of legal responsibility for the content. You should therefore include a policy on your own blog that outlines how you will treat comments (for example, these may be moderated before publication).
For employees
People have been dismissed because of their online activities. While such cases may be rare, it is important as an employee to be aware that posting information about your company can not be isolated
from your working life. Any information published online can be accessed around the world within seconds and will be publicly available for all to see.
As an employee, you should take the following into consideration when using social media:
Social media measurement has grown in importance across the PR industry. Social media evaluation is now necessary to measure PR success, justify budgets and as part of the planning process. Unfortunately there is no single formula for measurement. The real challenge is to recognise the importance of understanding how consumers interact with brands through social media and to do so in a cost effective and meaningful way.
AMEC member firm Metrica provides the following three top tips for effective social media sourcing and analysis.
For more in depth information on social media measurement, a paper titled Social Media – Guidelines for Measurement by Barry Leggetter, FCIPR (Executive Director of the international Association for Measurement and Evaluation of Communication (AMEC)) is in the Information Centre in the Member Area under PR Guides.
Other emerging issues relating to digital PR
Online tracking/targeted advertisements
Online tracking is the use of new technologies to gain information on consumers’ online activities; the information is then used to construct detailed profiles to serve up targeted advertisements to them when they are browsing.
Areas to address in a company privacy policy may include:
Once in place, this needs to be highlighted to visitors so they are aware of its existence and contents.
One example of the possible pitfalls is Facebook Beacon, an online advertising system created by the social networking site Facebook, which received a number of complaints when it was launched in 2007. Facebook Beacon sends stories to a Facebook user’s profile page and news feed page which can be viewed by the user’s friends. Stories are sent after a user has performed a Facebook Beacon action such as purchasing theatre tickets or signing up for a service on a web site that is a member of Facebook Beacon. The user is informed that the story is being sent to Facebook after they have engaged in the Beacon activity and again when signing into Facebook. A story will not be published until consent is given by the user.
Companies are engaging in this type of online advertising to gain access to viral distribution within Facebook and as word-of-mouth promotion. Many consumers feel that this is an invasion of privacy as Facebook Beacon has the ability to store information on users’ personal activities before they are contacted about publishing a story. Information on non-Facebook members who conduct activities on Beacon member’s sites is also being sent to Facebook without their knowledge.
At present Beacon is only operating in the USA. If Beacon was to launch in the UK CIPR members should be aware that UK data protection laws state (amongst other things) that visitors to your website must be aware of how their details are being used.
Online advertising
A large amount of online advertising is organised by online advertising networks that place adverts on behalf of clients or PR agencies. There has been some controversy about online advertising agencies not informing their clients of the websites where their banner advertisements are appearing, and a number of reputable brands have been found advertising on unsavoury websites. One way that public relations practitioners can protect themselves and their clients from this is by identifying clear guidelines on online promotion in the company’s social media policy.
User generated content
Creating and viewing user generated content has evolved significantly over the past few years due to changing broadcast habits. On-demand TV and live interactive WebTV shows are now broadcast online using traditional media providers such as the BBC and new social media channels such as You Tube and Bebo.
This new environment has allowed organisations and brands to create and distribute branded content online. Online branded content should be factual, inventive, engage the audience, communicate the positive values of the brand and integrate with offline communications campaigns. Social media requires engaging and innovative video content for audiences who now control the media they consume.
Members should be aware of the pitfalls of this new communication tool. Branded videos can be listed together with rival brands or beside video content that contains violence or incites racism. It is essential that public relation practitioners are aware of the third party hosting their client’s online videos and that clients are made aware that video clips can appear beside rival firms or organisations.
Under the Consumer Protection from Unfair Trading Regulation 2008, online product placement needs to be clear to consumers and disguised commercial practices are no longer permitted. At present Ofcom does not regulate broadcasting on the internet, in the absence of legislation relating specifically to internet broadcasting, CIPR members must adhere to UK legislation and to the Code of Conduct when developing content for online videos.
SEO
Search Engine Optimisation (SEO) is the process of enhancing online presence to aid search engine indexing. This is done by creating or modifying a web site so that it is ranked at the top of organic search engine result pages. Universal searches can list video, news items, images, blog posts and web sites.
As with all new technologies you must be aware of the risks involved. ‘White hat’ SEO is the use of ethical techniques that improve a websites ranking on a search engine result page. ‘Black hat’ is the opposite of ‘white hat’ and promotes activities such as breaking search engine rules and regulations. All members of the CIPR must adhere to the Code of Conduct, and the principle of integrity in the Code emphasises that members should act transparently, honestly and with accuracy. Black hat optimisation techniques are self-evidently likely to contradict the CIPR Code.
‘Pitching’
With the proliferation of social media, a growing number of companies are actively engaging with selected websites and incorporating them into their communications strategies. Pitching to bloggers has become much more common – to the extent that many now view unsolicited emails from PR practitioners as pure spam. This doesn’t mean bloggers aren't open to hearing from companies or their PRs, but it is important to consider areas of best practice before pitching.
Researching the blogs that you intend to pitch to is essential, both in terms of judging the blogger's attitude to receiving information from PR practitioners and also in ensuring that the material you send is relevant to the blog. You should take the time to start reading the blog regularly to familiarise yourself with the blogger's interests and scope; the added benefit of this is that the blogger may also reveal how open he is to receiving pitches and how they prefer to receive these.
As when dealing with mainstream media, you should make sure pitches are for newsworthy items and are targeted carefully. Unlike mainstream media, the risk is not simply that they will be ignored – they may instead be held up as an example of poor public relations practice. Tailoring the pitch to the blog means it stands a better chance of being received positively, instead of being viewed as a form of PR spam.
It is also important to be honest about your role and the nature of the pitch. Failing to disclose this could lead to legal action or mean your pitch results in criticism and negative posts about your organisation or client.
‘Off the record’
The concept of 'off the record' does not really apply when dealing with social media such as blogs. You should understand that your conversations or emails with a blogger may be considered to be in the public domain and therefore be posted online without specifically eliciting your permission. Familiarising yourself with the blogs you are dealing with will give a good indication of the blogger's stance. If in doubt, you should assume that any information you share could be made available publicly.
On the other side of the coin, you should think carefully about posting content from private emails without permission to do so. Apart from ethical considerations, there may also be legal restrictions on reproducing a person's email correspondence: the writer of an email may be seen as the copyright owner and many organisations now include a disclaimer at the foot of their emails citing how these are intended to be used.
When blogging you should also avoid treating your private emails as ‘blogs’.
Contributing to wikis
A wiki is a website that is updated and edited by visitors to the site, who collaborate to create and maintain the information contained there. Probably the most well-known wiki is Wikipedia, the online encyclopedia.
When contributing to a wiki on behalf of a client or your organisation, the main issue to be aware of is the policy on such contributions. There has been some controversy about the involvement of public relations practitioners in the creation of wikis which some in social media would prefer to preserve solely for individual contributions.
To date, this issue has yet to be resolved. However, the majority of wikis will provide some form of guidelines for those wishing to contribute - Wikipedia for example has a series of policies on submitting or editing contributions. The site emphasises that entries must be neutral in tone, factual and verifiable. In addition, there are guidelines on adding links which state that adding a link to your own website will be considered spamming. Read the guidelines carefully before submitting or editing an article.
CIPR resources
CIPR Code of Conduct
CIPR policies that may be helpful:
Legal information in the CIPR Member Area:
Practical guides in the CIPR Member Area:
Useful links
Disclaimer: The links listed below are not controlled by the CIPR. The content of these websites is intended as a helpful starting point in your research; the content is not controlled or endorsed in any way by the CIPR and the websites listed are not under CIPR control.
Examples of company blogging policies
Examples of company privacy policies
Examples of social media measurement
References
Advertising Standards Authority
ASA website Guided Tour: New Media
http://www.asa.org.uk/asa/about/Guided+Tours/New+media/Welcome.htm
Useful Links
Advertising Standards Authority