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Twitter Chat: Social Media & The Law - What You Need To Know - Transcript & Summary

Twitter Chat: Social Media & The Law - What You Need To Know - Transcript & Summary featured image

Thanks to all who participated in the ManageFlitter #SocialROI Twitter Chat on Tuesday, 18th July 2017.

Madalyn Sklar hosted a Twitter Chat with Kerry O’Shea Gorgony around the topic of “Social Media & The Law – What You Need To Know”.

Details of our next Twitter Chat:

Topic: Content Marketing – Tips, Tricks & Best Practises for 2017

Guest: Aaron Agius – Speaker, Content Marketer & Co-Founder of Louder Online
Date & Time: Tuesday, 25th July 2017, 6.00pm EDT
Channel: #SocialROI Chat

Click here for more information about our Twitter Chats.

Below is a curated version of the Twitter Chat with Kerry O’Shea Gorgony.

From the CEO Questions:

  1. How does ManageFlitter handle Disclosures?

Guest Questions:

  1. Let’s start with the basics – What is the FTC and why is disclosure on Social Media important?
  2. In what instances would a marketer, blogger or influencer be required to include a disclosure statement?
  3. Is there a checklist Marketers can refer to when including a disclosure in their content?
  4. 140 Characters can be restricting at the best of times. What are some creative ways of including a disclosure in a tweet?
  5. Responsive websites often condense info. Is it acceptable to have a disclosure below the fold? How do you get around this?
  6. Can you recall an instance where the FTC took a notable brand to court for not disclosing important info on Social?
  7. How should marketers treat disclosure laws when using video? Is it acceptable to only have a link in the comments?

From the CEO Questions:

Q for @Ke_Ga) How does ManageFlitter handle Disclosures? #SocialROI pic.twitter.com/rIz1ewrUEa
— ManageFlitter (@ManageFlitter) July 18, 2017

CEO Answers

1/3 Customers are always entitled to transparency re commercial relationships. #SocialRoi https://t.co/saYKtyPTlX
— Kevin Garber (@Ke_Ga) July 18, 2017

2/3 It is usually obvious when a customer is sharing info re @ManageFlitter only for their own motivations vs an advert for eg. #SocialRoi https://t.co/saYKtyPTlX
— Kevin Garber (@Ke_Ga) July 18, 2017

3/3 The challenge for disclosures is transparency vs practicality. I think common sense (as well as the law) needs to prevail. #SocialRoi https://t.co/saYKtyPTlX
— Kevin Garber (@Ke_Ga) July 18, 2017

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Guest Questions:

Q1) Let’s start with the basics – What is the FTC and why is disclosure on Social Media important? #SocialROI pic.twitter.com/VUZmHqK2f5
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A1 The FTC is the Federal Trade Commission. They protect consumers from unfair business practices like false advertising. #SocialROI https://t.co/g0F5VXylst
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A1 Part of what FTC’s done in recent years is clarify the obligations bloggers & brands have to disclose sponsored relationships. #SocialROI https://t.co/g0F5VXylst
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A1 Readers trust you to offer honest opinions. If anything might affect your opinion (like being paid) they have a right to know. #SocialROI https://t.co/g0F5VXylst
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A1 That’s why disclosure’s so important! #SocialROI https://t.co/g0F5VXylst
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

A1 Disclosure on social media is important so everyone is clear where you're coming from, especially if based on paid incentives. #SocialROI
— Jim Katzaman (@JKatzaman) July 18, 2017

A1 The easy shorthand to remember is "Truth in advertising." #SocialROI
— Jim Katzaman (@JKatzaman) July 18, 2017

The FTC is the watch dog for internet activity and because you want to be as authentic as possible with all social media activity #socialroi
— Cheval John (@chevd80) July 18, 2017

To remind everyone FTC is relative to the USA jurisdiction. #SocialRoi https://t.co/gQUMq9aPNn
— Kevin Garber (@Ke_Ga) July 18, 2017

A1: trust of influencers is built on them sharing and using things they like, not being paid for. It makes everything more clear #socialroi
— Mr Kampmann (@mrkampmann) July 18, 2017

A1 Hey! Federal Trade Commission. To build influence/engagement, earn trust through honesty/integrity. Disclosure keeps trust #SocialROI
— comfortwriter (@ComfortWriter) July 18, 2017

A1:FTC is a Federal Trade Commission designed to monitor & protect consumers from unfair business practices. #SocialROI
— QL Tech Australia (@QLTechAustralia) July 19, 2017

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Q2) In what instances would a marketer, blogger or influencer be required to include a disclosure statement? #SocialROI pic.twitter.com/ZvQCLv9DOQ
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A2 Any time there’s a relationship between you and a company you’re talking about, disclose. #SocialROI https://t.co/2yklYllKel
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A2 Former client, employer, a company that paid for your trip to Mexico to review their resort…whatever. Disclose! #SocialROI https://t.co/2yklYllKel
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A2 Here’s a helpful flow chart to figure out when you need to disclose. #SocialROI pic.twitter.com/xM0v3HulQ7
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A2 It's easy to forget many people in the world have no idea that "influencers" exist & get free stuff. We need to tell them. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A2 For the past few years, the FTC’s issued updated FAQs to explain what does (and doesn’t) pass muster in terms of disclosure. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A2 In the early days of Twitter, influencers might say 1x that they were paid to promote a product, but then send 20 tweets out. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

A2. When they are writing a review about a product or even a company because people want transparency #socialroi
— Cheval John (@chevd80) July 18, 2017

A2 You must disclose whenever you are compensated to publish content. That applies to everything, including social media. #SocialROI
— Jim Katzaman (@JKatzaman) July 18, 2017

A2 If you're publishing and even have to think about whether or not to disclose a relationship, disclose it. #SocialROI
— Jim Katzaman (@JKatzaman) July 18, 2017

A2: You get paid or given something in return for posting/sharing about it. Gray area is product reviews #SocialROI
— Mr Kampmann (@mrkampmann) July 18, 2017

A2 When they're being incentivised to promote: whether payment, gifts, free goodies or exposure/influence. That can sway opinion. #SocialROI
— comfortwriter (@ComfortWriter) July 18, 2017

A2 I'd like it to be transparent as possible. Especially when they're being paid big sums of money or get other benefits #socialROI https://t.co/K7w9z2ARyi
— Zala Bricelj (@ZalkaB) July 18, 2017

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Q3) Is there a checklist Marketers can refer to when including a disclosure in their content? #SocialROI pic.twitter.com/hLRNlEyYCS
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A3 There’s the flow chart I shared earlier. 😉 I’ve written posts about disclosure on my site and on @markwschaefer’s site, too. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A3 FTC Gets Serious About Disclosure (and You Should, Too)! https://t.co/ZZqqNo3LYA #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A3 Wrote this for brands & influencers. STOP: Don’t Use Influencer Marketing Without Reading This Post https://t.co/zCeuP4wFwk #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

A3 It's becoming better integrated & hopefully automated. Eg Instagram tool tags ads in a prominent way so people know it's promo #SocialROI
— comfortwriter (@ComfortWriter) July 18, 2017

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Q4) 140 Characters can be restricting at the best of times. What are some creative ways of including a disclosure in a tweet? #SocialROI pic.twitter.com/16bqAERrEb
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A4 FTC is not sympathetic to the "limited space" argument. They insist you disclose adequately in each post or don't use Twitter. #SocialROI https://t.co/xHhUBvEoZV
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A4 It's not about which hashtag you use or which words you use to explain the relationship you have with a brand. #SocialROI https://t.co/xHhUBvEoZV
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A4 No one looks for #spon anyway (and the FTC has said that one's not good enough). What would be clear to an average reader? #SocialROI https://t.co/xHhUBvEoZV
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A4 You could say Ad, Client, Employer, Sponsored, Paid, etc. Anything that communicates the relationship to readers. #SocialROI https://t.co/xHhUBvEoZV
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A4 Disclose clearly and fully once space permits. When people go from Twitter to your site, a full disclosure should appear 1st. #SocialROI https://t.co/xHhUBvEoZV
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

You could include it in the media you add! From photos to videos, #ad won't take a lot of space. #SocialROI
— Julian Gamboa (@JulianGumbo) July 18, 2017

You could include it in the media you add! From photos to videos, #ad won't take a lot of space. #SocialROI
— Julian Gamboa (@JulianGumbo) July 18, 2017

A4: incorporate the disclosure in some sorr of media (image, video, etc.) or if permitted use the reply to self to add disclosure #socialroi
— Benny Gelbendorf (@BGelbendorf) July 18, 2017

A4 For disclosure, spell out "Paid advertisement." Readers don't universally understand "Pd Ad." Must opt for clarity. #SocialROI
— Jim Katzaman (@JKatzaman) July 18, 2017

A4 No excuse! I've seen "#sp", "#spon", "#ad" and so on. Very short. Or include that info with your video/blog/graphic etc. #SocialROI
— comfortwriter (@ComfortWriter) July 18, 2017

A4: Including images, video, and links are creative ways of including a disclosure in a tweet. #SocialROI
— QL Tech Australia (@QLTechAustralia) July 19, 2017

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Q5) Responsive websites often condense info. Is it acceptable to have a disclosure below the fold? How do you get around this? #SocialROI pic.twitter.com/WJ5zg2nkpG
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A5 Disclosures must be unavoidable – readers must not be able to click away to the sponsor company w/o seeing it. #SocialROI https://t.co/OQ0q69o947
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A5 Influencers need to view their site in mobile and ensure disclosures are prominent and impossible to miss. #SocialROI https://t.co/OQ0q69o947
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A5 And if your disclosures aren't being read, the FTC puts the onus on you to fix that problem! Use pop ups. Fonts. Placement. #SocialROI https://t.co/OQ0q69o947
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A5 Having a single disclosure page saying "some posts may be sponsored" is not enough. Disclose with each sponsored post. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

A5. I rather have the disclosures at the beginning of every post so that the audience will know immediately #socialroi
— Cheval John (@chevd80) July 18, 2017

A5 There is no universal fold, much variation in devices. You must be creative. Maybe a floating bar/box people can click away? #SocialROI
— comfortwriter (@ComfortWriter) July 18, 2017

The ‘fold’ is really going to depend on the device. In this case perhaps a pop-up or banner style alert at the top is best. #SocialROI
— Kate Frappell (@katefrappell) July 18, 2017

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Q6) Can you recall an instance where the FTC took a notable brand to court for not disclosing important info on Social? #SocialROI pic.twitter.com/SSpuoTBM33
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A6 We're in early days. FTC is issuing warning letters to brands and influencers Cole Haan, Lord & Taylor, lots of celebs. #SocialROI https://t.co/YGLpTM4h5d
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A6 FTC is giving fair warning to brands, influencers, agencies, and everyone else that they're serious about disclosure. #SocialROI https://t.co/YGLpTM4h5d
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A6 Lots of celebrities and social media influencers received letters from the FTC. https://t.co/I8l5ae91TP #SocialROI https://t.co/QstEG1t3yk
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A6 Here's the thing: most people don't know when Kim Kardashian says "Thanks, [Brand]!" that it means she was paid. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A6 People are even less likely to realize money or swag changed hands if we're talking about YouTube or Instagram influencers. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A6 It seems obvious to us, because we're in the biz, but you need to disclose for someone who's not immersed in the industry. #SocialROI
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

A6 Didn't Kim Kardashian promote pregnancy meds/other pharma on her channel & not disclose? She had to redo her captions/delete. #SocialROI
— comfortwriter (@ComfortWriter) July 18, 2017

Can't quite recall one (there surely have been many) but the whole Fyre Festival had many celebrity posts without #ad. #SocialROI
— Julian Gamboa (@JulianGumbo) July 18, 2017

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Q7) How should marketers treat disclosure laws when using video? Is it acceptable to only have a link in the comments? #SocialROI pic.twitter.com/JfgHxGuHW0
— ManageFlitter (@ManageFlitter) July 18, 2017

Guest Answers

A7 Disclose in a way that works for the medium. People don't read tweets in order. They don't watch videos all the way through. #SocialROI https://t.co/ZTsemkg10v
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A7 So for video, have your disclosure visible throughout. Not just at the beginning or the end. And not just in the description! #SocialROI https://t.co/ZTsemkg10v
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

A7 You don't need special language. Just be clear. "Purina paid me to create a video journal about Baxter's weight loss journey." #SocialROI https://t.co/ZTsemkg10v
— Kerry O'Shea Gorgone (@KerryGorgone) July 18, 2017

Other Answers

A7 Disclosure should be visible in a video. Comments don't count because who in his right mind reads the comments? #SocialROI
— Jim Katzaman (@JKatzaman) July 18, 2017

A7 make an honest effort to disclose and people will get it #socialroi
— David Pepper (@thedavepepper) July 18, 2017

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We hope the above has provided some useful information.
Join our next #SocialROI Chat next week on
Tuesday, 25th July 2017, 6.00pm EDT.

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