Showing posts with label Social Media Advertising Regulations. Show all posts
Showing posts with label Social Media Advertising Regulations. Show all posts

Monday, August 6, 2012

Australia Rules Social Media Brand Pages Are Ads

In Australia, social media is no longer considered just a medium to connect with your friends or family. It has now been officially recognized as a form of advertising that should be treated in the same manner as other advertising platforms.

According to the Sydney Morning Herald, a new ruling may require Australian companies to vet comments posted by the public on their social media pages to ensure they are not sexist, racist or factually inaccurate. Companies doing business in Australia may be fined for comments that appear on their social media brand pages. The Australian Standards Board "determined that the provisions of the Code (advertising) apply to an advertiser’s Facebook page."

The increasing regulation of social and digital media is expected. It is the natural progression of the acceptance of social media as a legitimate advertising and monetization avenue for brands. Last year, the U.S. Better Business Bureau took a stand against unethical social media advertising practices and this occurred soon after the FTC started to crack down on fake online reviews.

Therefore, I believe the Federal Trade Commission may soon increase its social media advertising enforcement.

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.

Friday, April 8, 2011

Will Your Social Media Expert's Advice Violate the FTC Advertising Regulations Part II

An idea attributed to Adolf Hitler and Joseph Goebbels goes something along the lines, if you tell a lie big enough and keep repeating it, people will eventually believe it. Unfortunately, there are some people who practice this philosophy in the social media marketing world.

Last week, I wrote about a self-described social media marketing expert ("Expert #1) who actively follows tens of thousands of people and then once he receives a follow back he un-follows them in order to increase his followers to following ratio so it looks like he is a rock star or professional athlete. This practice is known as Social Media Credential Fraud.

On January 13, 2011, this "social media expert" was following 4,417 people and had 41,049 followers. On April 1, 2011, this self-described social media marketing expert was following 7,000 people and had 41,009 followers. As of this writing, he is following 7,523 people and has only 41,040 followers. Therefore, in a week he has followed 523 more people and obtained only 31 followers in return. In almost 3 months, he has followed 3,106 more people and lost 9 followers. His Return on Follow (ROF) is not what I would call "expert like". If you extrapolate these findings over a year you may realize the depth of this deception.

There is another excellent example of Social Media Credential Fraud that I would like to share because a friend of mine recently told me I should follow another self described social media expert. As soon as I saw the name of this person I said to myself I think this person has played the "I will Follow You And As Soon As You Follow Me Back I Will Un-follow You" game with me.

I was right. On 2/16/10, another self described social media marketing expert, "Expert #2," had the following stats: 11,290 followers; and following 11,390. Therefore, he had to follow 100 more people than were following him back. On 6/5/2010, "Expert#2's stats were: 12,277 followers; and 12,748 following. He had to follow 471 more people than were following him back. As of this writing, "Expert #2's stats are: 14,424 followers, and 5,243 following. All of a sudden, "Expert #2" found his social media wings.

Expert #2 now has a Twitter account that he feels better reflects his persona so it may enable him to sell social media marketing services. Expert #2 recently advertised to law firms, "Blogging and Social Media Package Only $1,800 Per Month" and "This program has a value of $4,000 per month!" and "P.P.S. We only have room for 10 new clients in this program at this low price." "Expert #2's social media assistant also plays the "I will Follow You And As Soon As You Follow Me Back I Will Un-follow You" game. On 5/27/10, Expert #2's social media assistant's stats were: 9,458 followers, and 9,588 following. As of this writing, the social media assistant's stats are: 10,252 followers, and 5,535 following. What a great turnaround. How did this happen?

Oh, I forgot to tell you that Expert #1 and Expert #2 are good friends. How do I know this? Expert #1 has Tweeted that they are are good friends. Therefore, are they sharing with each other tips on how to perpetrate Social Media Credential Fraud?

To learn how to avoid violating the FTC Advertising Regulations you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Friday, April 1, 2011

Will Your Social Media Expert's Advice Violate the FTC Advertising Regulations?

Will your social media expert's advice and/or actions violate the Federal Trade Commission's Advertising Regulations? This is a question you may want to answer before you engage a social media guru for your company.

Social Media Credential Fraud is a growing problem. Social Media Credential Fraud may occur when someone utilizes social media to create a false impression that they are an expert in their profession for commercial gain. Under the FTC's Advertising Regulations, it is crystal clear that engaging in unfair or deceptive acts or practices is unlawful.

I believe it is important to discuss this issue again because a self-described "social media expert" started following me again today on Twitter. This "social media expert" followed me last year and then as soon as I followed him back he un-followed me. Of course, I un-followed him back because I only followed him in the first place because he initially followed me. This social media expert's Twitter feed mostly consists of public conversations with a small group of his friends and/or fellow legal marketers, strategic Foursquare check-ins, and re-posts of his old articles and blog posts. Every once in awhile he will post a link to an interesting article written by someone else; unfortunately, he mostly clogs his Twitter feed with useless and self-serving information so I will not be following him back. Since I will not be following him back, he will un-follow me in the near future. I guarantee it.

This "social media expert" is desperate to keep his followers above 41,000. I mean Muammar Gadhafi desperate. His whole persona is based on the impression that he is a social media expert and has a large organic Twitter following. If he did not practice Social Media Credential Fraud he would be following tens of thousands of more people than are following him back. Last year, he wrote a blog post that said something along the lines, "I un-followed almost 50,000" people. In this rationalizing post, he stated that he could no longer focus on new followers so it was time to do a mass un-follow.

Does this "social media expert" think he is Lady Gaga or Britney Spears? Lady Gaga follows 144,000+ people and Britney Spears follows more than 415,000 people on Twitter. Would Lady Gaga or Britney Spears ever un-follow 50,000 people to better focus on their most die hard fans? Absolutely not. Therefore, this self described "social media expert's" explanation why he did a mass un-follow is not believable. The "social media expert" has un-followed at least 50,000 people to hide the fact that he needs to first follow tens of thousands of people before some of those people he initially followed follow him back.

On January 13, 2011, this "social media expert" was following 4,417 people and had 41,049 followers. As of this writing, he is following 7,000 people and has only 41,009 followers. In approximately, 2.5 months this "social media expert" has followed 2,583 more people but has lost 40 followers. This statistic demonstrates that this person is a "social media expert" at one thing: following tens of thousands of people on Twitter and un-following tens of thousands of people on Twitter. That is it.

If your social media expert is personally engaging in activity that may violate the FTC's Advertising Regulations you may want to ask yourself will he advise my company to do anything unlawful or unethical? If a "social media expert" appears to have great "social media credentials" take a look beyond the numbers to determine how they were achieved. Perform your due diligence and fully review all social media activity. If a "social media expert" appears to have celebrity like Twitter "Following to Followers" figures there is a good possibility that Social Media Credential Fraud is involved.

To learn more about social media ethics and to learn how to avoid violating the FTC Advertising Regulations you may contact me at http://shearlaw.com/attorney_profile.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.