Reacting appropriately during a crisis in the Social Media Age is extremely important. In fact, its a must for corporate executives, small and large companies/organizations, politicians, celebrities, professional athletes, amateur athletes, etc... Its imperative to understand the importance of properly reacting to a situation that has not just public relations implications but also major legal ramifications as well.
In the Social Media Age, the right reaction may determine whether your brand is permanently damaged like Paula Deen's or Anthony Weiner's or if you can make a comeback like Charlie Sheen (a little contrition mixed in with talent, luck, and a "wining attitude"). Americans have always loved great comebacks. The biggest in recent memory (the last 20 years) was Bill Clinton's come back from impeachment proceedings.
The latest high profile person to incur a major negative personal/professional event (actually multiple matters) is former pro-wrestler Hulk Hogan. The National Enquirer recently published a private racist rant Hogan made years ago. The leaking of this information to the media may be connected to a $100 million dollar lawsuit Hogan commenced against the digital platform Gawker for publicizing a private sex tape that he may have unknowingly participated in.
It appears that right before Hogan's behavior became public knowledge the WWE (Hogan's employer) scrubbed him from their website and cut ties with him. Within hours of the world learning about his racist rant, Hogan issued to People Magazine a full apology and took full responsibility for his actions.
Will Social Media, the WWE, his fans, etc... forgive Hogan for his behavior? As long as Hogan's team doesn't follow the missteps of of others, he has an opportunity for redemption. A good first step was a quick apology. Will Hogan's next step on his road to redemption be an appearance on The Today Show or other media outlets?
Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.
To inform about the legal, business, privacy, cyber security, and public policy issues that confront those who utilize digital platforms.
Showing posts with label Social Media Crisis. Show all posts
Showing posts with label Social Media Crisis. Show all posts
Friday, July 24, 2015
Wednesday, October 31, 2012
New York City, Hurricane Sandy, and Social Media
My hearts and prayers go out to the families of those who perished because of Hurricane Sandy. The hurricane and its aftermath may end up costing at least $50 billion dollars in damage. In addition, the media is reporting that at least 50 people lost their lives due to this storm.
Sandy knocked offline popular websites Gawker, Huffington Post, and Deadspin. At this point, it is too early to fully calculate all of the damage done from this horrific storm. In the comming days, weeks, and months there may be a better assessment of how this storm has affected those living the path and wake of Sandy.
I could discuss the importance of utilizing the cloud to back up data, or how social media can save lives. However, as a former resident of New York City and one who became homeless after 9/11, I understand now is not the right time to talk about how social media or other digital technologies can be utilized to help lessen the effects of future calamities.
The bottom line is that New York City is the toughest city in the world and it will get through this and become stronger by doing so. The lessons learned from this terrible tragedy may help avert some of the same problems from happening again in the future.
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.
Sandy knocked offline popular websites Gawker, Huffington Post, and Deadspin. At this point, it is too early to fully calculate all of the damage done from this horrific storm. In the comming days, weeks, and months there may be a better assessment of how this storm has affected those living the path and wake of Sandy.
I could discuss the importance of utilizing the cloud to back up data, or how social media can save lives. However, as a former resident of New York City and one who became homeless after 9/11, I understand now is not the right time to talk about how social media or other digital technologies can be utilized to help lessen the effects of future calamities.
The bottom line is that New York City is the toughest city in the world and it will get through this and become stronger by doing so. The lessons learned from this terrible tragedy may help avert some of the same problems from happening again in the future.
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.
Sunday, June 19, 2011
How To Respond To A Social Media Crisis or Scandal: Don't Be A Weiner
One of my favorite television shows, Seinfeld, was not only funny, but it also perfectly discussed the New York City experience. If you have ever lived in New York City you are bound to have come across one of the quirks of the City that was memorialized on the sitcom.
For example, my wife and I once received a ride back from Long Island after a formal affair from a friend of a friend. The ride took about an hour and a half and this person dropped us off one avenue (about 3 city blocks) away from where we lived because he didn't want to have to drive around the avenue and a couple of blocks. It was also raining and my wife was wearing a dress and I a suit and we were both carrying an overnight bag. It was reminiscent of the Seinfeld episode where Elaine went skiing with her friend and her friend didn't want to drop Elaine off in front of her apartment building because the friend would have had to drive around the block.
Seinfeld comes into play in Anthony Weiner's social media scandal because there is an episode where George decides that he should do the opposite of everything he has done his entire life in order to become a success. To avoid or respond to a social media crisis or scandal act in the exact opposite manner that Weiner did. These are some examples in no particular order of how not to act like a Weiner:
1) Don't take naked or inappropriate photographs of yourself with a smart phone or a camera and then upload them online. Instead, if you enjoy looking at yourself naked stand in front of a mirror.
2) Don't have sexually charged conversations online with others and/or send them inappropriate photographs of yourself. Instead, listen to Avenue Q and "The Internet is for Porn" song.
3) Don't wait days to talk with an attorney once your actions have become public. Instead, hire an attorney immediately and be truthful with your legal counsel.
4) Don't falsely claim that a crime has been committed to explain an errant social media post. Once Weiner refused to file a police report it was evident he was lying. Instead, be truthful about the matter. If your attorney believes a crime may be involved due to the online behavior do not go on the record with an explanation because that may be utilized against you at a later date.
5) Don't hold multiple press conferences and act obnoxious and indignant towards the media. Instead, treat the media with courtesy.
6) Don't lie to your political staff. Many congressional staffers work long hours for years with little compensation because they believe in the causes that the politician champions. Instead, be honest with your staff or do not go on the record with them if your attorney advises against discussing the matter.
7) Don't lie to your constituents, colleagues, and friends. The cover up is almost always worse than the initial activity and digital footprints will most likely expose the truth. Instead, if your attorney advises that there is no legal liability involved honestly explain what happened even if it is embarrassing. The American public is extremely understanding and is willing to forgive their politicians, athletes, entertainers, and heroes. If your attorney advises against discussing the matter publicly refuse to answer questions regarding the matter until your lawyer advises otherwise.
8) Don't drag out the situation. If there appears to be no legal liability apologize immediately. Delaying the inevitable apology will only further fuel the media frenzy and create more anger. Don't follow Tiger Woods' social media scandal playbook.
9) Apologize, apologize, and apologize. When you thought you have apologized enough apologize some more. Show contrition and humility. You need to demonstrate remorse for all the harm you have caused.
10) During a resignation do not pretend you are General Douglas MacArthur giving his "I Shall Return" speech. Instead resign with grace and humility. Weiner's resignation speech sounded more like a political stump speech than a resignation. Weiner should have shown more contrition. For example, during his resignation speech he stated, "most importantly my wife and I can continue to heal from the damage I have caused" and that "I will be looking for other ways to contribute my talents".
In general, the public does not care how Weiner will heal or be able to contribute his talents. He has been over-exposed (no pun intended) and people are sick and tired of looking at him and listening to his untruthful statements. New York may have to spend more than a million dollars to hold a special election to fill his former congressional seat so why didn't Weiner apologize to all of the taxpayers who will now have to foot the bill for his reckless behavior?
Weiner's short-term economic situation may be difficult; however, his long-term economic prospects may be rosy. If he stays out of the spotlight for a period of time, demonstrates that he has learned his lesson, shows contrition, and makes penance he may be able to make a comeback. I think it may take years before he may be able to make a political comeback; however, a professional comeback as a political analyst or a lobbyist may be around the corner.
Weiner may want to utilize social media to launch his professional comeback when the time is right. However, he should stay away from social media until he is able to utilize the medium without sending out inappropriate material. If Elliot Spitzer is able to make a comeback after only a few years Weiner should be able to do so also.
To learn how to respond to a social media crisis or scandal you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
For example, my wife and I once received a ride back from Long Island after a formal affair from a friend of a friend. The ride took about an hour and a half and this person dropped us off one avenue (about 3 city blocks) away from where we lived because he didn't want to have to drive around the avenue and a couple of blocks. It was also raining and my wife was wearing a dress and I a suit and we were both carrying an overnight bag. It was reminiscent of the Seinfeld episode where Elaine went skiing with her friend and her friend didn't want to drop Elaine off in front of her apartment building because the friend would have had to drive around the block.
Seinfeld comes into play in Anthony Weiner's social media scandal because there is an episode where George decides that he should do the opposite of everything he has done his entire life in order to become a success. To avoid or respond to a social media crisis or scandal act in the exact opposite manner that Weiner did. These are some examples in no particular order of how not to act like a Weiner:
1) Don't take naked or inappropriate photographs of yourself with a smart phone or a camera and then upload them online. Instead, if you enjoy looking at yourself naked stand in front of a mirror.
2) Don't have sexually charged conversations online with others and/or send them inappropriate photographs of yourself. Instead, listen to Avenue Q and "The Internet is for Porn" song.
3) Don't wait days to talk with an attorney once your actions have become public. Instead, hire an attorney immediately and be truthful with your legal counsel.
4) Don't falsely claim that a crime has been committed to explain an errant social media post. Once Weiner refused to file a police report it was evident he was lying. Instead, be truthful about the matter. If your attorney believes a crime may be involved due to the online behavior do not go on the record with an explanation because that may be utilized against you at a later date.
5) Don't hold multiple press conferences and act obnoxious and indignant towards the media. Instead, treat the media with courtesy.
6) Don't lie to your political staff. Many congressional staffers work long hours for years with little compensation because they believe in the causes that the politician champions. Instead, be honest with your staff or do not go on the record with them if your attorney advises against discussing the matter.
7) Don't lie to your constituents, colleagues, and friends. The cover up is almost always worse than the initial activity and digital footprints will most likely expose the truth. Instead, if your attorney advises that there is no legal liability involved honestly explain what happened even if it is embarrassing. The American public is extremely understanding and is willing to forgive their politicians, athletes, entertainers, and heroes. If your attorney advises against discussing the matter publicly refuse to answer questions regarding the matter until your lawyer advises otherwise.
8) Don't drag out the situation. If there appears to be no legal liability apologize immediately. Delaying the inevitable apology will only further fuel the media frenzy and create more anger. Don't follow Tiger Woods' social media scandal playbook.
9) Apologize, apologize, and apologize. When you thought you have apologized enough apologize some more. Show contrition and humility. You need to demonstrate remorse for all the harm you have caused.
10) During a resignation do not pretend you are General Douglas MacArthur giving his "I Shall Return" speech. Instead resign with grace and humility. Weiner's resignation speech sounded more like a political stump speech than a resignation. Weiner should have shown more contrition. For example, during his resignation speech he stated, "most importantly my wife and I can continue to heal from the damage I have caused" and that "I will be looking for other ways to contribute my talents".
In general, the public does not care how Weiner will heal or be able to contribute his talents. He has been over-exposed (no pun intended) and people are sick and tired of looking at him and listening to his untruthful statements. New York may have to spend more than a million dollars to hold a special election to fill his former congressional seat so why didn't Weiner apologize to all of the taxpayers who will now have to foot the bill for his reckless behavior?
Weiner's short-term economic situation may be difficult; however, his long-term economic prospects may be rosy. If he stays out of the spotlight for a period of time, demonstrates that he has learned his lesson, shows contrition, and makes penance he may be able to make a comeback. I think it may take years before he may be able to make a political comeback; however, a professional comeback as a political analyst or a lobbyist may be around the corner.
Weiner may want to utilize social media to launch his professional comeback when the time is right. However, he should stay away from social media until he is able to utilize the medium without sending out inappropriate material. If Elliot Spitzer is able to make a comeback after only a few years Weiner should be able to do so also.
To learn how to respond to a social media crisis or scandal you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, June 13, 2011
How To Respond To A Poltical Social Media Crisis or Scandal
Politicians along with others who are in the public eye such as athletes, entertainers, etc... need to know how to properly respond to a social media crisis or scandal. During the past two weeks, Congressman Anthony Weiner has been embroiled in a self-inflicted social media scandal. For the past several years, Mr. Weiner has been utilizing social media to allegedly interact inappropriately with others online. Not only is Mr. Weiner an elected U.S. Congressman, but he is also married and his wife is pregnant.
Politicians in the United States have been entangled in sex scandals since our country's birth and Mr. Weiner will not be the last elected official to become involved in this type of crisis. However, what sets this scandal apart from previous political sex scandals is that Mr. Weiner has left little to the imagination. Previously, the public could only imagine what had occurred. During President Clinton's sex scandal the main piece of evidence of an affair with White House intern Monica Lewinsky was her stained blue dress. Through DNA testing it was proven that President Clinton was the source of the stain on the blue dress. Even with this evidence there were still a lot of unanswered questions.
If a politician becomes tangled in a Social Media Crisis or Scandal these are some of the steps that should be taken in no particular order:
1. Engage a lawyer. The most important member of a crisis management team is one's legal counsel. A lawyer will be able to advise if there is any civil or criminal liability. It appears that Mr. Weiner waited four days before hiring an attorney to advise him. This is a lifetime in the Social Media Age.
2. Be open and honest with your attorney. A lawyer(s) may be the only person whom a politician may fully trust due to the sanctity of the attorney-client privilege. In addition, an attorney must know all the facts in order to determine the best course of action. I don't know if Mr. Weiner was honest with his lawyer because it allegedly took a week between the time that he hired a lawyer and he publicly admitted to acting what has been deemed inappropriate towards others online.
3. Assess the political, professional, and personal issues that are involved. Every crisis has different facts and no two situations are exactly alike. Since Mr. Weiner's scandal first became public, it seems as though he has been "winging" his responses. At first, Mr. Weiner stated that his Twitter account was hacked and that it was a prank; then he acted indignant towards the media; then he tried to be calm and offered interviews around the clock; then he admitted he sent a photograph of himself in his underwear to a young woman after Andrew Breitbart publicly stated he had more evidence about the matter; then he stated he wasn't resigning from Congress; then a self-taken photograph of Mr. Weiner's gentials appeared online; then the police investigated Mr. Weiner's online interactions with a 17-year old; then several members of the Democratic leadership called for his resignation; then Mr. Weiner stated that he will be asking for a leave of Congress to seek treatment; and now more images of Mr. Weiner are appearing online.
4. Assemble your crisis management team. After an attorney has determined what type of legal liability issues are involved the response team may be assembled.
5. Create and implement a crisis management response. The response and its implementation will depend upon the situation. As of this writing, it appears that Mr. Weiner may not have any legal liability for his online behavior. However, as more evidence comes to light that may change and it is too soon to determine what if any U.S. House Ethics Rules have been broken.
6. Figure out how to address your political staff. Some staff members may need to know the truth due to the nature of their position while others do not. Remember the quote from Animal Farm, "[s]ome animals are more equal than others."
7. Do not lie to the American public. The American public is very forgiving. President Clinton's initial reaction regarding the publicity surrounding his relationship with Monica Lewinsky was to cover it up. Mr. Clinton most likely had no idea that Ms. Lewinsky had undeniable proof of a relationship between them. Even though the scandal did not cost Mr. Clinton his office, it created great embarrassment for himself and his family and it damaged his legacy. In addition, he lost his law license because of the matter.
8. Batten down the hatches. Prepare for the worst and hope for the best. Be prepared for any possible scenario.
9. Reassess the situation continuously. Your position may become untenable as more facts emerge.
10. Determine whether you will fight to keep your seat or if you will resign. Becoming a U.S. Senator or Congressman is not a right but a privilege. Many members of Congress are type A personalities since there are only 535 of these positions and every seat is highly coveted. Therefore, resigning may only occur when there are no other viable options.
The bottom line is that it is important to be proactive and not reactive. If Mr. Weiner would have handled his social media scandal differently it may have already blown over. However, his continuing missteps have only made the situation worse.
To learn how to respond to a political crisis or scandal in the Social Media Age you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Politicians in the United States have been entangled in sex scandals since our country's birth and Mr. Weiner will not be the last elected official to become involved in this type of crisis. However, what sets this scandal apart from previous political sex scandals is that Mr. Weiner has left little to the imagination. Previously, the public could only imagine what had occurred. During President Clinton's sex scandal the main piece of evidence of an affair with White House intern Monica Lewinsky was her stained blue dress. Through DNA testing it was proven that President Clinton was the source of the stain on the blue dress. Even with this evidence there were still a lot of unanswered questions.
If a politician becomes tangled in a Social Media Crisis or Scandal these are some of the steps that should be taken in no particular order:
1. Engage a lawyer. The most important member of a crisis management team is one's legal counsel. A lawyer will be able to advise if there is any civil or criminal liability. It appears that Mr. Weiner waited four days before hiring an attorney to advise him. This is a lifetime in the Social Media Age.
2. Be open and honest with your attorney. A lawyer(s) may be the only person whom a politician may fully trust due to the sanctity of the attorney-client privilege. In addition, an attorney must know all the facts in order to determine the best course of action. I don't know if Mr. Weiner was honest with his lawyer because it allegedly took a week between the time that he hired a lawyer and he publicly admitted to acting what has been deemed inappropriate towards others online.
3. Assess the political, professional, and personal issues that are involved. Every crisis has different facts and no two situations are exactly alike. Since Mr. Weiner's scandal first became public, it seems as though he has been "winging" his responses. At first, Mr. Weiner stated that his Twitter account was hacked and that it was a prank; then he acted indignant towards the media; then he tried to be calm and offered interviews around the clock; then he admitted he sent a photograph of himself in his underwear to a young woman after Andrew Breitbart publicly stated he had more evidence about the matter; then he stated he wasn't resigning from Congress; then a self-taken photograph of Mr. Weiner's gentials appeared online; then the police investigated Mr. Weiner's online interactions with a 17-year old; then several members of the Democratic leadership called for his resignation; then Mr. Weiner stated that he will be asking for a leave of Congress to seek treatment; and now more images of Mr. Weiner are appearing online.
4. Assemble your crisis management team. After an attorney has determined what type of legal liability issues are involved the response team may be assembled.
5. Create and implement a crisis management response. The response and its implementation will depend upon the situation. As of this writing, it appears that Mr. Weiner may not have any legal liability for his online behavior. However, as more evidence comes to light that may change and it is too soon to determine what if any U.S. House Ethics Rules have been broken.
6. Figure out how to address your political staff. Some staff members may need to know the truth due to the nature of their position while others do not. Remember the quote from Animal Farm, "[s]ome animals are more equal than others."
7. Do not lie to the American public. The American public is very forgiving. President Clinton's initial reaction regarding the publicity surrounding his relationship with Monica Lewinsky was to cover it up. Mr. Clinton most likely had no idea that Ms. Lewinsky had undeniable proof of a relationship between them. Even though the scandal did not cost Mr. Clinton his office, it created great embarrassment for himself and his family and it damaged his legacy. In addition, he lost his law license because of the matter.
8. Batten down the hatches. Prepare for the worst and hope for the best. Be prepared for any possible scenario.
9. Reassess the situation continuously. Your position may become untenable as more facts emerge.
10. Determine whether you will fight to keep your seat or if you will resign. Becoming a U.S. Senator or Congressman is not a right but a privilege. Many members of Congress are type A personalities since there are only 535 of these positions and every seat is highly coveted. Therefore, resigning may only occur when there are no other viable options.
The bottom line is that it is important to be proactive and not reactive. If Mr. Weiner would have handled his social media scandal differently it may have already blown over. However, his continuing missteps have only made the situation worse.
To learn how to respond to a political crisis or scandal in the Social Media Age you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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