By Michael Sebastian
michaels@ragan.com
Ranging from who should write your blog to the value of images, here are 10 lessons from business blogs that have flourished
Why reinvent the wheel, or in this case, the blog?
Countless companies have launched blogs, and while many have failed, others have flourished. You can learn from the best blogs. Here are 10 lessons and related tips for blogging from 10 top business blogs.
Lesson #1: Never underestimate your audience
The Transportation Security Administration (TSA), the people who make you remove your shoes at the airport, write a blog called Evolution of Security. Individual posts have attracted hundreds of comments—many of them critical of the TSA.
No one would take this site seriously enough to leave even a blistering comment if Evolution of Security didn’t respect its readers.
For instance, one post begins: “Throughout the ages, there have been many unanswered questions that continue to baffle the human race. Who built Stonehenge? Is there life on other planets? Why does the TSA make me place my liquids in a clear sealable baggie?”
What? TSA knows it’s annoying? It has a sense of humor? Audiences appreciate that wink and nod—the knowledge that everyone is in on the joke. It makes the message more palatable.
Tip: Think about something your company does that might irk customers and employees and write about it—or at least mention it. Your audience will appreciate it.
Lesson #2: Your blog should ooze voice
The award-winning blog written by Southwest Airlines employees, Nuts About Southwest, is as irreverent and humorous as the airline’s frontline employees.
How does Southwest do it? They pick bloggers from across the company.
Paula Berg, the director of emerging media at Southwest, told SearchEngineWorld the airline began the blog with a team of 20 people, “who represented a mix of all Southwest employees, frontline and behind-the-scenes.”
She continued, “We selected people that just oozed Southwest; that just know our company and love it and have been here for a while.”
Like Nuts About Southwest, your blog should ooze voice.
Tip: Think your company is too dull to create a blog that oozes voice? Nonsense. Tell your bloggers to get their creative juices pumping by tying the theme or plot from one of their favorite movies or TV shows into a business objective. For instance, the déjà vu-themed movie Groundhog Day could provide material for a blog post about spicing up meetings.
Lesson #3: Feature passionate employees
Chipmaker Intel has a niche blog about one topic, corporate social responsibility efforts at the company. It is titled CSR@Intel. Like Southwest, the blog features numerous authors from across the company. Most, if not all, of these bloggers are passionate about the topic.
Take, for example, this post from Intel blogger Raju Doshi about a science project by Portland, Ore., teenager Michael Loy that could increase the life of concrete and steel. The outcome would be both lower infrastructure costs for companies and fewer waste materials.
“Michael’s work is to be published in two international journals and he is only 18—how amazing is that!” Doshi blogged excitedly
Whether or not that topic intrigues you, the blogger’s enthusiasm is palpable. Intel selected employees passionate about CSR. Readers can see that.
Tip: Reach out to every department to find your passionate employees.
Lesson #4: Tackle the tough stuff
If bad news descends on your company and the blog ignores it, then that blog will lose credibility among readers.
Randy’s Journal, a blog by Boeing’s vice president of marketing, Randy Tinseth, has confronted tough times at the company. In January, Boeing announced layoffs and Randy discussed them in a February blog post.
“I started at Boeing in 1981—just before what turned out to be one of the biggest downturns we’ve seen in this industry,” he blogged. “I’ll never forget going through the process of watching many friends and colleagues—some who’d just started working at Boeing, and many with whom I’d developed strong relationships in the work environment—having to change jobs or go on to other things outside the company. It makes a strong impression on you.”
If your blog avoids these tough topics the employees will find it gutless, boring and not trustworthy—more company propaganda.
Tip: If your company has had layoffs, blog about them once everyone inside the company has learned about the news. The blog should provide more information on the layoffs than the initial company message.
Lesson #5: Join the community
Unbreakable Bonds, the blog from Kryptonite Locks, understands its niche audience of cyclists. In 2004, that audience burned Kryptonite after word spread among bloggers that someone could pick these locks with only a pen cap.
In Unbreakable Bonds, Kryptonite employees reach out to cycling enthusiasts and engage them with posts that tackle issues specific to their communities. For instance, one post discussed bike sharing programs at the Rhode Island School of Design. It was a targeted, and timely (given the recession), topic.
Identify your blog’s online community. Then, if you want to feel your community’s embrace, tailor content for the audience.
Tip: Find 10 blogs that are part of your industry or community and make sure you link to them and comment on their posts.
Lesson #6: Your blog should have a method
Ever wonder what happens behind-the-scenes at a blog? For instance, how do posts from the internal blog at Dow Chemical, Access Andrew, by CEO Andrew Liveris, go from his head to the screen?
Liveris writes the posts and then sends them to his communications team. The communicators run the content past the legal department; attorneys do not copyedit the material. Communicators then copyedit the post and publish it to Access Andrew.
Whether you’re the sole author of the blog or part of an enormous corporate hierarchy, you should determine exactly what the process is for getting the content posted.
Tip: If your CEO thinks blogging will eat up too much time, volunteer to type it and post it.
Lesson #7: It doesn’t have to be your blog
Sometimes your company doesn’t need a blog to join the blogosphere.
Ford Motor Company doesn’t have a blog, but its director of new media, Scott Monty, has one—The Social Media Marketing Blog. It precedes Monty’s tenure at Ford, which means it has an audience and a solid reputation.
On occasion, The Social Media Marketing Blog addresses issues at Ford. It spreads news about the company and the CEO, and provides a behind-the-scenes glimpse of life in Ford’s communications department.
Consider finding a trusted employee at your organization to dedicate posts about your company to his or her personal blog.
Tip: Make sure any blogger who writes for your company indicates clearly, somewhere on the blog, that his opinion is his or her own and not that of the company.
Lesson #8: Embrace photography
As you might imagine, Kodak’s blog, A Thousand Words, is all about photographs. Each post features pictures from employees and customers that are based around various themes.
Like Kodak, your blog should embrace photography: post pictures of employees, your workspace — you name it. Pictures will help break up text and beautify a blog’s layout.
Remember, the rules of good photography apply to photos posted on the Web.
Tip: Start a weekly or monthly photo contest or photo caption contest on your blog for employees or customers.
Lesson #9: Provide readers with useful and relevant news
LinkedIn, the professional networking service, has an employee-penned blog that offers readers practical advice on how to best use LinkedIn.
For instance, one post explained how someone can display his or her professional network on other Web sites, while another post offered three ways to leverage a professional network while job hunting.
Your blog should provide relevant and useful information for it readers.
Tip: Pay attention to which topics attract the most views. You can track your blog’s page views, and other stats, through Google Analytics.
Lesson #10: Start a Twitter feed instead
If you want Web 2.0, but don’t want to commit to a blog, consider Twitter. This service allows you to write messages 140 characters long that people who elect to follow them can read. Twitter is like “Blogging Lite.”
Countless companies already use Twitter. For instance, Home Depot and Bank of America each have Twitter accounts for customer service issues.
Tip: Even if you don’t want to use a Twitter feed, go to the site to check if your company’s name is available. If it is available, grab it—even if you’re not going to use it. The last thing you need is for someone to hijack your company’s name and send erroneous updates attached to it.
Showing posts with label blog. Show all posts
Showing posts with label blog. Show all posts
Monday, August 31, 2009
Friday, March 6, 2009
Ten lessons for a better blog
By Michael Sebastian
michaels@ragan.com
Ranging from who should write your blog to the value of images, here are 10 lessons from business blogs that have flourished
Why reinvent the wheel, or in this case, the blog?
Countless companies have launched blogs, and while many have failed, others have flourished. You can learn from the best blogs. Here are 10 lessons and related tips for blogging from 10 top business blogs.
Lesson #1: Never underestimate your audience
The Transportation Security Administration (TSA), the people who make you remove your shoes at the airport, write a blog called Evolution of Security. Individual posts have attracted hundreds of comments—many of them critical of the TSA.
No one would take this site seriously enough to leave even a blistering comment if Evolution of Security didn’t respect its readers.
For instance, one post begins: “Throughout the ages, there have been many unanswered questions that continue to baffle the human race. Who built Stonehenge? Is there life on other planets? Why does the TSA make me place my liquids in a clear sealable baggie?”
What? TSA knows it’s annoying? It has a sense of humor? Audiences appreciate that wink and nod—the knowledge that everyone is in on the joke. It makes the message more palatable.
Tip: Think about something your company does that might irk customers and employees and write about it—or at least mention it. Your audience will appreciate it.
Lesson #2: Your blog should ooze voice
The award-winning blog written by Southwest Airlines employees, Nuts About Southwest, is as irreverent and humorous as the airline’s frontline employees.
How does Southwest do it? They pick bloggers from across the company.
Paula Berg, the director of emerging media at Southwest, told SearchEngineWorld the airline began the blog with a team of 20 people, “who represented a mix of all Southwest employees, frontline and behind-the-scenes.”
She continued, “We selected people that just oozed Southwest; that just know our company and love it and have been here for a while.”
Like Nuts About Southwest, your blog should ooze voice.
Tip: Think your company is too dull to create a blog that oozes voice? Nonsense. Tell your bloggers to get their creative juices pumping by tying the theme or plot from one of their favorite movies or TV shows into a business objective. For instance, the déjà vu-themed movie Groundhog Day could provide material for a blog post about spicing up meetings.
Lesson #3: Feature passionate employees
Chipmaker Intel has a niche blog about one topic, corporate social responsibility efforts at the company. It is titled CSR@Intel. Like Southwest, the blog features numerous authors from across the company. Most, if not all, of these bloggers are passionate about the topic.
Take, for example, this post from Intel blogger Raju Doshi about a science project by Portland, Ore., teenager Michael Loy that could increase the life of concrete and steel. The outcome would be both lower infrastructure costs for companies and fewer waste materials.
“Michael’s work is to be published in two international journals and he is only 18—how amazing is that!” Doshi blogged excitedly
Whether or not that topic intrigues you, the blogger’s enthusiasm is palpable. Intel selected employees passionate about CSR. Readers can see that.
Tip: Reach out to every department to find your passionate employees.
Lesson #4: Tackle the tough stuff
If bad news descends on your company and the blog ignores it, then that blog will lose credibility among readers.
Randy’s Journal, a blog by Boeing’s vice president of marketing, Randy Tinther, has confronted tough times at the company. In January, Boeing announced layoffs and Randy discussed them in a February blog post.
“I started at Boeing in 1981—just before what turned out to be one of the biggest downturns we’ve seen in this industry,” he blogged. “I’ll never forget going through the process of watching many friends and colleagues—some who’d just started working at Boeing, and many with whom I’d developed strong relationships in the work environment—having to change jobs or go on to other things outside the company. It makes a strong impression on you.”
If your blog avoids these tough topics the employees will find it gutless, boring and not trustworthy—more company propaganda.
Tip: If your company has had layoffs, blog about them once everyone inside the company has learned about the news. The blog should provide more information on the layoffs than the initial company message.
Lesson #5: Join the community
Unbreakable Bonds, the blog from Kryptonite Locks, understands its niche audience of cyclists. In 2004, that audience burned Kryptonite after word spread among bloggers that someone could pick these locks with only a pen cap.
In Unbreakable Bonds, Kryptonite employees reach out to cycling enthusiasts and engage them with posts that tackle issues specific to their communities. For instance, one post discussed bike sharing programs at the Rhode Island School of Design. It was a targeted, and timely (given the recession), topic.
Identify your blog’s online community. Then, if you want to feel your community’s embrace, tailor content for the audience.
Tip: Find 10 blogs that are part of your industry or community and make sure you link to them and comment on their posts.
Lesson #6: Your blog should have a method
Ever wonder what happens behind-the-scenes at a blog? For instance, how do posts from the internal blog at Dow Chemical, Access Andrew, by CEO Andrew Liveris, go from his head to the screen?
Liveris writes the posts and then sends them to his communications team. The communicators run the content past the legal department; attorneys do not copyedit the material. Communicators then copyedit the post and publish it to Access Andrew.
Whether you’re the sole author of the blog or part of an enormous corporate hierarchy, you should determine exactly what the process is for getting the content posted.
Tip: If your CEO thinks blogging will eat up too much time, volunteer to type it and post it.
Lesson #7: It doesn’t have to be your blog
Sometimes your company doesn’t need a blog to join the blogosphere.
Ford Motor Company doesn’t have a blog, but its director of new media, Scott Monty, has one—The Social Media Marketing Blog. It precedes Monty’s tenure at Ford, which means it has an audience and a solid reputation.
On occasion, The Social Media Marketing Blog addresses issues at Ford. It spreads news about the company and the CEO, and provides a behind-the-scenes glimpse of life in Ford’s communications department.
Consider finding a trusted employee at your organization to dedicate posts about your company to his or her personal blog.
Tip: Make sure any blogger who writes for your company indicates clearly, somewhere on the blog, that his opinion is his or her own and not that of the company.
Lesson #8: Embrace photography
As you might imagine, Kodak’s blog, A Thousand Words, is all about photographs. Each post features pictures from employees and customers that are based around various themes.
Like Kodak, your blog should embrace photography: post pictures of employees, your workspace — you name it. Pictures will help break up text and beautify a blog’s layout.
Remember, the rules of good photography apply to photos posted on the Web.
Tip: Start a weekly or monthly photo contest or photo caption contest on your blog for employees or customers.
Lesson #9: Provide readers with useful and relevant news
LinkedIn, the professional networking service, has an employee-penned blog that offers readers practical advice on how to best use LinkedIn.
For instance, one post explained how someone can display his or her professional network on other Web sites, while another post offered three ways to leverage a professional network while job hunting.
Your blog should provide relevant and useful information for it readers.
Tip: Pay attention to which topics attract the most views. You can track your blog’s page views, and other stats, through Google Analytics.
Lesson #10: Start a Twitter feed instead
If you want Web 2.0, but don’t want to commit to a blog, consider Twitter. This service allows you to write messages 140 characters long that people who elect to follow them can read. Twitter is like “Blogging Lite.”
Countless companies already use Twitter. For instance, Home Depot and Bank of America each have Twitter accounts for customer service issues.
Tip: Even if you don’t want to use a Twitter feed, go to the site to check if your company’s name is available. If it is available, grab it—even if you’re not going to use it. The last thing you need is for someone to hijack your company’s name and send erroneous updates attached to it.
michaels@ragan.com
Ranging from who should write your blog to the value of images, here are 10 lessons from business blogs that have flourished
Why reinvent the wheel, or in this case, the blog?
Countless companies have launched blogs, and while many have failed, others have flourished. You can learn from the best blogs. Here are 10 lessons and related tips for blogging from 10 top business blogs.
Lesson #1: Never underestimate your audience
The Transportation Security Administration (TSA), the people who make you remove your shoes at the airport, write a blog called Evolution of Security. Individual posts have attracted hundreds of comments—many of them critical of the TSA.
No one would take this site seriously enough to leave even a blistering comment if Evolution of Security didn’t respect its readers.
For instance, one post begins: “Throughout the ages, there have been many unanswered questions that continue to baffle the human race. Who built Stonehenge? Is there life on other planets? Why does the TSA make me place my liquids in a clear sealable baggie?”
What? TSA knows it’s annoying? It has a sense of humor? Audiences appreciate that wink and nod—the knowledge that everyone is in on the joke. It makes the message more palatable.
Tip: Think about something your company does that might irk customers and employees and write about it—or at least mention it. Your audience will appreciate it.
Lesson #2: Your blog should ooze voice
The award-winning blog written by Southwest Airlines employees, Nuts About Southwest, is as irreverent and humorous as the airline’s frontline employees.
How does Southwest do it? They pick bloggers from across the company.
Paula Berg, the director of emerging media at Southwest, told SearchEngineWorld the airline began the blog with a team of 20 people, “who represented a mix of all Southwest employees, frontline and behind-the-scenes.”
She continued, “We selected people that just oozed Southwest; that just know our company and love it and have been here for a while.”
Like Nuts About Southwest, your blog should ooze voice.
Tip: Think your company is too dull to create a blog that oozes voice? Nonsense. Tell your bloggers to get their creative juices pumping by tying the theme or plot from one of their favorite movies or TV shows into a business objective. For instance, the déjà vu-themed movie Groundhog Day could provide material for a blog post about spicing up meetings.
Lesson #3: Feature passionate employees
Chipmaker Intel has a niche blog about one topic, corporate social responsibility efforts at the company. It is titled CSR@Intel. Like Southwest, the blog features numerous authors from across the company. Most, if not all, of these bloggers are passionate about the topic.
Take, for example, this post from Intel blogger Raju Doshi about a science project by Portland, Ore., teenager Michael Loy that could increase the life of concrete and steel. The outcome would be both lower infrastructure costs for companies and fewer waste materials.
“Michael’s work is to be published in two international journals and he is only 18—how amazing is that!” Doshi blogged excitedly
Whether or not that topic intrigues you, the blogger’s enthusiasm is palpable. Intel selected employees passionate about CSR. Readers can see that.
Tip: Reach out to every department to find your passionate employees.
Lesson #4: Tackle the tough stuff
If bad news descends on your company and the blog ignores it, then that blog will lose credibility among readers.
Randy’s Journal, a blog by Boeing’s vice president of marketing, Randy Tinther, has confronted tough times at the company. In January, Boeing announced layoffs and Randy discussed them in a February blog post.
“I started at Boeing in 1981—just before what turned out to be one of the biggest downturns we’ve seen in this industry,” he blogged. “I’ll never forget going through the process of watching many friends and colleagues—some who’d just started working at Boeing, and many with whom I’d developed strong relationships in the work environment—having to change jobs or go on to other things outside the company. It makes a strong impression on you.”
If your blog avoids these tough topics the employees will find it gutless, boring and not trustworthy—more company propaganda.
Tip: If your company has had layoffs, blog about them once everyone inside the company has learned about the news. The blog should provide more information on the layoffs than the initial company message.
Lesson #5: Join the community
Unbreakable Bonds, the blog from Kryptonite Locks, understands its niche audience of cyclists. In 2004, that audience burned Kryptonite after word spread among bloggers that someone could pick these locks with only a pen cap.
In Unbreakable Bonds, Kryptonite employees reach out to cycling enthusiasts and engage them with posts that tackle issues specific to their communities. For instance, one post discussed bike sharing programs at the Rhode Island School of Design. It was a targeted, and timely (given the recession), topic.
Identify your blog’s online community. Then, if you want to feel your community’s embrace, tailor content for the audience.
Tip: Find 10 blogs that are part of your industry or community and make sure you link to them and comment on their posts.
Lesson #6: Your blog should have a method
Ever wonder what happens behind-the-scenes at a blog? For instance, how do posts from the internal blog at Dow Chemical, Access Andrew, by CEO Andrew Liveris, go from his head to the screen?
Liveris writes the posts and then sends them to his communications team. The communicators run the content past the legal department; attorneys do not copyedit the material. Communicators then copyedit the post and publish it to Access Andrew.
Whether you’re the sole author of the blog or part of an enormous corporate hierarchy, you should determine exactly what the process is for getting the content posted.
Tip: If your CEO thinks blogging will eat up too much time, volunteer to type it and post it.
Lesson #7: It doesn’t have to be your blog
Sometimes your company doesn’t need a blog to join the blogosphere.
Ford Motor Company doesn’t have a blog, but its director of new media, Scott Monty, has one—The Social Media Marketing Blog. It precedes Monty’s tenure at Ford, which means it has an audience and a solid reputation.
On occasion, The Social Media Marketing Blog addresses issues at Ford. It spreads news about the company and the CEO, and provides a behind-the-scenes glimpse of life in Ford’s communications department.
Consider finding a trusted employee at your organization to dedicate posts about your company to his or her personal blog.
Tip: Make sure any blogger who writes for your company indicates clearly, somewhere on the blog, that his opinion is his or her own and not that of the company.
Lesson #8: Embrace photography
As you might imagine, Kodak’s blog, A Thousand Words, is all about photographs. Each post features pictures from employees and customers that are based around various themes.
Like Kodak, your blog should embrace photography: post pictures of employees, your workspace — you name it. Pictures will help break up text and beautify a blog’s layout.
Remember, the rules of good photography apply to photos posted on the Web.
Tip: Start a weekly or monthly photo contest or photo caption contest on your blog for employees or customers.
Lesson #9: Provide readers with useful and relevant news
LinkedIn, the professional networking service, has an employee-penned blog that offers readers practical advice on how to best use LinkedIn.
For instance, one post explained how someone can display his or her professional network on other Web sites, while another post offered three ways to leverage a professional network while job hunting.
Your blog should provide relevant and useful information for it readers.
Tip: Pay attention to which topics attract the most views. You can track your blog’s page views, and other stats, through Google Analytics.
Lesson #10: Start a Twitter feed instead
If you want Web 2.0, but don’t want to commit to a blog, consider Twitter. This service allows you to write messages 140 characters long that people who elect to follow them can read. Twitter is like “Blogging Lite.”
Countless companies already use Twitter. For instance, Home Depot and Bank of America each have Twitter accounts for customer service issues.
Tip: Even if you don’t want to use a Twitter feed, go to the site to check if your company’s name is available. If it is available, grab it—even if you’re not going to use it. The last thing you need is for someone to hijack your company’s name and send erroneous updates attached to it.
Wednesday, December 10, 2008
Online content: What—and whom—does the law protect?
By Michael Sebastian
michaels@ragan.com
Wonder whether you can sue an online commenter for libel or if you can be sued for anonymous comments on your blog? We have the answers
An anonymous commenter on your company’s external blog attacks the CEO of another organization. That CEO calls the comment libel and threatens a lawsuit. Your executives want your head on a platter. After all, you, the communicator, started the blog.
You tell everyone not to worry. Your company is probably not responsible for that comment.
“[Federal law] says … your Web site cannot be held liable for user-generated content,” attorney Bruce Johnson, a media privacy and law expert, explained. “You are not deemed to be the publisher or speaker of that content.”
Johnson, a partner in the Seattle office of Davis Wright Tremaine, spoke to Ragan.com in October at Ragan’s Corporate Communications in a Web 2.0 World conference. He provided eight legal tips for communicators.
1. You are not responsible for user-generated content on your Web site. If someone leaves scurrilous comments on your company’s external blog, you, the site owner, are not considered the publisher or speaker of that content. A court will not hold you responsible for the content of those remarks. As a result, you are safe against lawsuits—unless …
2. If you take an active role in producing third-party content, then you can be held responsible for it. A recent court case ruled that the federal law protecting Web sites (section 230 of the Communications Decency Act) does not shield Web site owners who take an active role in the comment process. For instance, if your site asks visitors to leave answers to specific questions instead of just providing them with a blank space to write comments then you can be held liable.
Bruce Johnson tells CEO Mark Ragan how—and if—companies should respond to rogue Web sites.
“The extent to which you get more and more involved with third-party content, you may risk losing that immunity [provided by section 230],” Johnson said.
3. Avoid filing lawsuits against Web sites that criticize your company. It is very difficult to sue the person who starts the Web site, Yourcompanysucks.com, Johnson explained. For instance, Ford motor company filed a lawsuit against the owner of the Web site, Fordsucks.com, alleging he misused the company’s trademark. The court ruled against Ford.
“The court went out of its way to basically say there is a First Amendment right to use the name of the company and to criticize the company on the part of consumers,” Johnson said.
4. The courts protect anonymity. Want an anonymous commenter’s real name? You better show the court good reason why. The courts, Johnson said, usually protect anonymity.
“There’s a whole series of court cases requiring the plaintiff to show he has good reason to get access to the name of that individual,” he explained. “The courts [in the U.S.] have created a new protection for anonymity.”
What is “good reason”? You must prove the comment has somehow broken the law.
5. Suing an anonymous commenter is probably not worth it. A company must prove to a judge it has good reason to demand an anonymous commenter’s name. That can be time consuming and expensive, Johnson said. And there's a chance the person lacks assets. So what’s the point of filing a lawsuit? Johnson asked
“You’re effectively squashing a flea with a sledge hammer,” he said. “Filing such a lawsuit is a waste of time.”
6. Sock puppetry is dangerous. What is sock puppetry? It’s when someone, maybe an employee or CEO, adopts a fake online identity and leaves a trail of comments on the Web.
John Mackey, CEO of Whole Foods, was a sock puppet. Under a phony name, he made comments online celebrating Whole Foods and denigrating Wild Oats, a company Whole Foods ultimately said it planned to purchase.
Don’t do this, Johnson insists. Beyond the brand damage Mackey inflicted when people learned of his online shenanigans, it was potentially a legal issue because Mackey made disparaging comments about publicly-traded companies, according to Johnson.
7. Internal communications is protected from defamation lawsuits, because the courts consider internal communications to be the company talking to itself. So something you write in an internal publication is most likely protected against lawsuits.
8. Don’t falsely advertise in a blog. The authors of your company blog are granted First Amendment rights to spout their opinions. However, when you enter the false advertising arena you lose those protections, Johnson said.
False advertising is when a company includes a false or misleading message in an advertisement. For instance, if a shoe company publishes an ad claiming proceeds from the sales of its shoes go to charity—when in fact they do not—it is false advertising.
That said, blogs have not been subject to this false advertising liability—yet. Why? “Technology is moving ahead of the law,” Johnson said.
Article comments:
Tuesday, December 09, 2008 10:28:25 AM by Tim S
Posters on blogs and blog owners are often protected by "Anti-SLAPP laws" (see Google for definition) being enacted by a number of states - where entities can't sue to quash critisism and can be required to pay the legal fees of those they attempt to sue.
Tuesday, December 09, 2008 10:30:33 AM by Matt
Thanks. Very valuable stuff. People in my company are nervous about the Web in a way that regularly surprises me. This type of information can help calm them.
Tuesday, December 09, 2008 11:04:43 AM by Amanda Vega
We have an attorney client that specializes in this type of thing and also guide us as a social media agency (for over 15 years) to ensure that we aren't putting ourselves or our clients in jeopardy. He also has presentations on this that he can give other firms (shameless plug, I know.) I personally like #3, as you see many clients, especially large brands try to do this. If you try and remove all the bad stuff, then you aren't harnessing the power or opportunity to actually LISTEN to your customers and change accordingly. Also, with regard to liability, there is also something to be said for the liability of your company for what your employees do - so that's another story to be told.
As for sock puppeting - I'm not completely in agreement. Social media participants and zealots are OK with hired hands. They just want it to be transparent. And for the times you use personas to help spread the word - there is value and need for that. Specifically, we have some clients where we are using fake names and pictures of model children for profiles to help with social media response marketing for some clients. The reason being you never want to post your real name/kids pics just in case there are psychos out there stalking you. However you have to note that the person behind the profile is the same identity in essence. If "kate smith" is defined as a mom of three, then the lady behind the name is indeed a mom of three. Another interesting follow-up may be the new laws that are floating around the UK to this regard. Last we heard, it's actually illegal to have a persona!
Amanda Vega
http://www.amandavega.com
michaels@ragan.com
Wonder whether you can sue an online commenter for libel or if you can be sued for anonymous comments on your blog? We have the answers
An anonymous commenter on your company’s external blog attacks the CEO of another organization. That CEO calls the comment libel and threatens a lawsuit. Your executives want your head on a platter. After all, you, the communicator, started the blog.
You tell everyone not to worry. Your company is probably not responsible for that comment.
“[Federal law] says … your Web site cannot be held liable for user-generated content,” attorney Bruce Johnson, a media privacy and law expert, explained. “You are not deemed to be the publisher or speaker of that content.”
Johnson, a partner in the Seattle office of Davis Wright Tremaine, spoke to Ragan.com in October at Ragan’s Corporate Communications in a Web 2.0 World conference. He provided eight legal tips for communicators.
1. You are not responsible for user-generated content on your Web site. If someone leaves scurrilous comments on your company’s external blog, you, the site owner, are not considered the publisher or speaker of that content. A court will not hold you responsible for the content of those remarks. As a result, you are safe against lawsuits—unless …
2. If you take an active role in producing third-party content, then you can be held responsible for it. A recent court case ruled that the federal law protecting Web sites (section 230 of the Communications Decency Act) does not shield Web site owners who take an active role in the comment process. For instance, if your site asks visitors to leave answers to specific questions instead of just providing them with a blank space to write comments then you can be held liable.
Bruce Johnson tells CEO Mark Ragan how—and if—companies should respond to rogue Web sites.
“The extent to which you get more and more involved with third-party content, you may risk losing that immunity [provided by section 230],” Johnson said.
3. Avoid filing lawsuits against Web sites that criticize your company. It is very difficult to sue the person who starts the Web site, Yourcompanysucks.com, Johnson explained. For instance, Ford motor company filed a lawsuit against the owner of the Web site, Fordsucks.com, alleging he misused the company’s trademark. The court ruled against Ford.
“The court went out of its way to basically say there is a First Amendment right to use the name of the company and to criticize the company on the part of consumers,” Johnson said.
4. The courts protect anonymity. Want an anonymous commenter’s real name? You better show the court good reason why. The courts, Johnson said, usually protect anonymity.
“There’s a whole series of court cases requiring the plaintiff to show he has good reason to get access to the name of that individual,” he explained. “The courts [in the U.S.] have created a new protection for anonymity.”
What is “good reason”? You must prove the comment has somehow broken the law.
5. Suing an anonymous commenter is probably not worth it. A company must prove to a judge it has good reason to demand an anonymous commenter’s name. That can be time consuming and expensive, Johnson said. And there's a chance the person lacks assets. So what’s the point of filing a lawsuit? Johnson asked
“You’re effectively squashing a flea with a sledge hammer,” he said. “Filing such a lawsuit is a waste of time.”
6. Sock puppetry is dangerous. What is sock puppetry? It’s when someone, maybe an employee or CEO, adopts a fake online identity and leaves a trail of comments on the Web.
John Mackey, CEO of Whole Foods, was a sock puppet. Under a phony name, he made comments online celebrating Whole Foods and denigrating Wild Oats, a company Whole Foods ultimately said it planned to purchase.
Don’t do this, Johnson insists. Beyond the brand damage Mackey inflicted when people learned of his online shenanigans, it was potentially a legal issue because Mackey made disparaging comments about publicly-traded companies, according to Johnson.
7. Internal communications is protected from defamation lawsuits, because the courts consider internal communications to be the company talking to itself. So something you write in an internal publication is most likely protected against lawsuits.
8. Don’t falsely advertise in a blog. The authors of your company blog are granted First Amendment rights to spout their opinions. However, when you enter the false advertising arena you lose those protections, Johnson said.
False advertising is when a company includes a false or misleading message in an advertisement. For instance, if a shoe company publishes an ad claiming proceeds from the sales of its shoes go to charity—when in fact they do not—it is false advertising.
That said, blogs have not been subject to this false advertising liability—yet. Why? “Technology is moving ahead of the law,” Johnson said.
Article comments:
Tuesday, December 09, 2008 10:28:25 AM by Tim S
Posters on blogs and blog owners are often protected by "Anti-SLAPP laws" (see Google for definition) being enacted by a number of states - where entities can't sue to quash critisism and can be required to pay the legal fees of those they attempt to sue.
Tuesday, December 09, 2008 10:30:33 AM by Matt
Thanks. Very valuable stuff. People in my company are nervous about the Web in a way that regularly surprises me. This type of information can help calm them.
Tuesday, December 09, 2008 11:04:43 AM by Amanda Vega
We have an attorney client that specializes in this type of thing and also guide us as a social media agency (for over 15 years) to ensure that we aren't putting ourselves or our clients in jeopardy. He also has presentations on this that he can give other firms (shameless plug, I know.) I personally like #3, as you see many clients, especially large brands try to do this. If you try and remove all the bad stuff, then you aren't harnessing the power or opportunity to actually LISTEN to your customers and change accordingly. Also, with regard to liability, there is also something to be said for the liability of your company for what your employees do - so that's another story to be told.
As for sock puppeting - I'm not completely in agreement. Social media participants and zealots are OK with hired hands. They just want it to be transparent. And for the times you use personas to help spread the word - there is value and need for that. Specifically, we have some clients where we are using fake names and pictures of model children for profiles to help with social media response marketing for some clients. The reason being you never want to post your real name/kids pics just in case there are psychos out there stalking you. However you have to note that the person behind the profile is the same identity in essence. If "kate smith" is defined as a mom of three, then the lady behind the name is indeed a mom of three. Another interesting follow-up may be the new laws that are floating around the UK to this regard. Last we heard, it's actually illegal to have a persona!
Amanda Vega
http://www.amandavega.com
Tuesday, November 18, 2008
How to keep your blog out of court
Avoid legal snafus when creating a corporate blog; some thoughts on why corporate blogs are such a bore; Obama’s own speechwriter in the spotlight
Keep your blog out of court: Marketing Sherpa offers advice for avoiding legal snafus when you’re creating a corporate blog. One suggestion: Don’t be too quick to get involved in editing comments. “The more you monitor and regulate user content on your site, the more you’re liable for what is said. … As soon as you begin deciding which comments stay and which comments go, you become more responsible for every comment on the site,” says the article.
Why are corporate blogs so lifeless? Robert Scoble, blogging evangelist and former high-tech exec, says moist companies don’t quite know what to do with their blogs. “Some blogs are like press releases,” Scoble tells CIO Insight. “New, friendly, cuddly press releases, but they’re still only talking about what’s happening in the company and its products. The really hard thing, the thing I haven’t seen too many people do, is what I was trying to do: Be an authority on the marketplace. That really helps a lot.”
Obama as First Speechwriter: In a post-election article called “Battle Plans: How Obama Won,” Patrick Gaspard, political director for the campaign, says that when he was interviewing for the post, the president-elect said, “I think that I’m a better speechwriter than my speechwriters. I know more about policies on any particular issue than my policy directors. And I’ll tell you right now that I’m gonna think I’m a better political director than my political director.”
Focus on Favreau: Curious about Obama’s speechwriter Jon Favreau? The 27-year-old speechwriter was profiled in The New York Times earlier this year (thanks to Ian Griffin’s Professionally Speaking blog for the link). The Politico.com Web site speculates that Favreau will land a senior position in the new administration.
Keep your blog out of court: Marketing Sherpa offers advice for avoiding legal snafus when you’re creating a corporate blog. One suggestion: Don’t be too quick to get involved in editing comments. “The more you monitor and regulate user content on your site, the more you’re liable for what is said. … As soon as you begin deciding which comments stay and which comments go, you become more responsible for every comment on the site,” says the article.
Why are corporate blogs so lifeless? Robert Scoble, blogging evangelist and former high-tech exec, says moist companies don’t quite know what to do with their blogs. “Some blogs are like press releases,” Scoble tells CIO Insight. “New, friendly, cuddly press releases, but they’re still only talking about what’s happening in the company and its products. The really hard thing, the thing I haven’t seen too many people do, is what I was trying to do: Be an authority on the marketplace. That really helps a lot.”
Obama as First Speechwriter: In a post-election article called “Battle Plans: How Obama Won,” Patrick Gaspard, political director for the campaign, says that when he was interviewing for the post, the president-elect said, “I think that I’m a better speechwriter than my speechwriters. I know more about policies on any particular issue than my policy directors. And I’ll tell you right now that I’m gonna think I’m a better political director than my political director.”
Focus on Favreau: Curious about Obama’s speechwriter Jon Favreau? The 27-year-old speechwriter was profiled in The New York Times earlier this year (thanks to Ian Griffin’s Professionally Speaking blog for the link). The Politico.com Web site speculates that Favreau will land a senior position in the new administration.
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