Sample Social Media Ethics Policies
The following is an excerpt taken from the Federal Trade Commission document on Disclosure, .comDisclosure (FTC 2013) in Brief, available at www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf
Overview
In the online marketplace, consumers can transact business without the constraints of time or distance. One can log on to the Internet day or night and purchase almost anything one desires, and advances in mobile technology allow advertisers to reach consumers nearly anywhere they go. But cyberspace is not without boundaries, and deception is unlawful no matter what the medium. The FTC has enforced and will continue enforcing its consumer protection laws to ensure that products and services are described truthfully online, and that consumers understand what they are paying for. These activities benefit consumers as well as sellers, who expect and deserve the opportunity to compete in a marketplace free of deception and unfair practices.
The general principles of advertising law apply online, but new issues arise almost as fast as technology develops—most recently, new issues have arisen concerning space-constrained screens and social media platforms. This FTC staff guidance document describes the information businesses should consider as they develop ads for online media to ensure that they comply with the law.
Briefly,
1. The same consumer protection laws that apply to commercial activities in other media apply online, including activities in the mobile marketplace. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sales. In addition, many Commission rules and guides are not limited to any particular medium used to disseminate claims or advertising, and therefore, apply to the wide spectrum of online activities.
2. When practical, advertisers should incorporate relevant limitations and qualifying information into the underlying claim, rather than having a separate disclosure qualifying the claim.
3. Required disclosures must be clear and conspicuous. In evaluating whether a disclosure is likely to be clear and conspicuous, advertisers should consider its placement in the ad and its proximity to the relevant claim. The closer the disclosure is to the claim to which it relates, the better. Additional considerations include: the prominence of the disclosure; whether it is unavoidable; whether other parts of the ad distract attention from the disclosure; whether the disclosure needs to be repeated at different places on a website; whether disclosures in audio messages are presented in an adequate volume and cadence; whether visual disclosures appear for a sufficient duration; and whether the language of the disclosure is understandable to the intended audience.
4. To make a disclosure clear and conspicuous, advertisers should: Place the disclosure as close as possible to the triggering claim.
Take account of the various devices and platforms consumers may use to view advertising and any corresponding disclosure. If an ad is viewable on a particular device or platform, any necessary disclosures should be sufficient to prevent the ad from being misleading when viewed on that device or platform.
When a space-constrained ad requires a disclosure, incorporate the disclosure into the ad whenever possible. However, when it is not possible to make a disclosure in a space-constrained ad, it may, under some circumstances, be acceptable to make the disclosure clearly and conspicuously on the page to which the ad links.
When using a hyperlink to lead to a disclosure, make the link obvious; label the hyperlink appropriately to convey the importance, nature, and relevance of the information it leads to; use hyperlink styles consistently so that consumers know when a link is available; place the hyperlink as close as possible to the relevant information it qualifies and make it noticeable; take consumers directly to the disclosure on the click-through page; assess the effectiveness of the hyperlink by monitoring click-through rates and other information about consumer use and make changes accordingly.
Preferably, design advertisements so that “scrolling” is not necessary in order to find a disclosure. When scrolling is necessary, use text or visual cues to encourage consumers to scroll to view the disclosure.
Keep abreast of empirical research about where consumers do and do not look on a screen.
Recognize and respond to any technological limitations or unique characteristics of a communication method when making disclosures.
Display disclosures before consumers make a decision to buy—for example, before they “add to shopping cart.” Also recognize that disclosures may have to be repeated before purchase to ensure that they are adequately presented to consumers.
• Repeat disclosures, as needed, on lengthy websites and in connection with repeated claims. Disclosures may also have to be repeated if consumers have multiple routes through a website.
• If a product or service promoted online is intended to be (or can be) purchased from “brick and mortar” stores or from online retailers other than the advertiser itself, then any disclosure necessary to prevent deception or unfair injury should be presented in the ad itself—that is, before consumers head to a store or some other online retailer.
• Necessary disclosures should not be relegated to “terms of use” and similar contractual agreements.
• Prominently display disclosures so they are noticeable to consumers, and evaluate the size, color, and graphic treatment of the disclosure in relation to other parts of the webpage.
• Review the entire ad to assess whether the disclosure is effective in light of other elements—text, graphics, hyperlinks, or sound—that might distract consumers’ attention from the disclosure.
• Use audio disclosures when making audio claims, and present them in a volume and cadence so that consumers can hear and understand them.
• Display visual disclosures for a duration sufficient for consumers to notice, read, and understand them.
• Use plain language and syntax so that consumers understand the disclosures.
5. If a disclosure is necessary to prevent an advertisement from being deceptive, unfair, or otherwise violative of a Commission rule, and it is not possible to make the disclosure clearly and conspicuously, then that ad should not be disseminated. This means that if a particular platform does not provide an opportunity to make clear and conspicuous disclosures, then that platform should not be used to disseminate advertisements that require disclosures.
Negative consumer experiences can result in lost consumer goodwill and erode consumer confidence. Clear, conspicuous, and meaningful disclosures benefit advertisers and consumers.
Sample Social Media Policies
We can learn much from some of the best ethics and social media policies. As examples, we recommend you review some of these to better understand the best practices.
Mayo Clinic Social Media Policy
http://sharing.mayoclinic.org/guidelines/for-mayo-clinic-employees/
The Mayo Clinic policy is an excellent example because it is easy to understand and includes practical advice. It also ties social media to Mayo Clinic policies and confidential information. In addition, the Mayo Clinic policy addresses guidance on “friending.”
Coca-Cola Social Media Policy
www.coca-colacompany.com/stories/online-social-media-principles
The Coca-Cola social media policy is an excellent example because the policy includes some important language about what the company stands for, and the vision of its brands. It is written in easy-to-understand language, includes company commitments and what social media participants should commit to.
Coca-Cola’s policy also includes a section addressing the “. . .use excessive tracking software, adware, malware or spyware.”
Dell Social Media Policy
www.dell.com/learn/us/en/uscorp1/corp-comm/social-media-policy?c=us&l=en&s=corp
Dell has a very interesting social media policy because “. . ..it encourages all employees to use Social Media the right way.” How committed is Dell? The company has “Social Media and Communities University (SMaC U) classes.”
Dell stresses disclosure and transparency in their policy and offers stakeholders appropriate guidance on how to best engage in social media marketing. The company also includes a nice quote that sets the atmosphere: “Be Nice, Have Fun and Connect.”
Gartner Public Web Participation Guidelines
http://blogs.gartner.com/gartner-public-web-participation-guidelines/
We would expect a company like Gartner to not only inform, but also educate us about the issues. Gartner goes beyond social media and offers “Web Participation” guidelines, which includes “. . .blogs, microblogs, linkblogs, social network sites, wikis, bookmark sites, content sharing sites (e.g., photo, video, image or document), forums, mailing lists, discussion groups and chat rooms.”
The company makes it quite clear that the guidelines apply to “. . .all Gartner associates, wherever located, including analysts who participate in the Gartner Blogger Network.”
A simple-but-powerful part of the policy: “Think before you post.”
Cisco provides another example of best practices. At the heart of the policy is an introduction statement that explains who is affected: “All Cisco employees, vendors and contractors who are creating or contributing to blogs, wikis, social networks, discussion forums, or any other kind of social media—whether on Cisco.com or otherwise.”
The policy addresses rules for proper behavior, what people should do if they have questions, why transparency is so important, how to disclose your relationship with the company, and what information should be kept confidential.
The Oracle Social Media Participation Policy
https://blogs.oracle.com/otn/entry/the_oracle_social_media_partic
The Oracle policy also addresses the wide range of platforms affected and an important reminder that all posts “. . .can have an influence on your ability to conduct your job responsibilities, your teammates’ abilities to do their jobs, and Oracle’s business interests.”
The policy has very clear “requirements” so that there are no misunderstandings, and offers a very clear disclosure statement for Oracle employees with personal blogs: “The views expressed on this [blog; website] are my own and do not necessarily reflect the views of Oracle.”
Intel Social Media Guidelines
www.intel.com/content/www/us/en/legal/intel-social-media-guidelines.html
Intel’s policy gets right at the heart of the importance of social media at the start by talking about the importance of social media and the value of interactive business relationships.
The policy provides official guidelines for participating in social media for Intel and makes it clear that as new social networking tools emerge, “. . .the policy will evolve.”
Intel’s policy addresses honesty, transparency, confidentiality, brand and trademark use, and how to treat the competition with respect. Most important in the policy is this piece of advice: “Add Value.”
NPR Ethics Policy
From: http://ethics.npr.org/tag/social-media/
It is worth sharing the NPR (National Public Radio) Ethics Policy as a best practice because, once again, there are some important takeaways. While this policy is primarily targeted to journalists, there is much we can learn from it.
Some important aspects of the policy address fairness, honesty, and respect, as well as verifying the accuracy of information, and always being careful, especially during breaking news.
The policy also reminds us about images, that images can be manipulated, so before we share images, we should be absolutely certain we are sharing accurate images.
Resources
Social Media Disclosure Toolkit | SocialMedia.org
This features a Microsoft Word version with many templates you can download and change to fit your organization.
http://socialmedia.org/disclosure/
Social Media Policy Database
A database of over 100 social media policies.
http://socialmediagovernance.com/policies/
The NLRB and Social Media
www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media
NLRB Website—Protected Concerted Activity
www.nlrb.gov/rights-we-protect/protected-concerted-activity
American Medical Association Statement on Social Media Ethics
www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion9124.page?
Society of Human Resources Management
Using Social Media to Boost Ethics and Compliance
www.shrm.org/hrdisciplines/ethics/articles/pages/social-media-ethics-compliance.aspx
PRSA: Ethical Practice of Social Media in Public Relations
www.instituteforpr.org/research-ethical-practice-social-media-public-relations/
State Bar of California—Articles: The Law and Social Media
http://ethics.calbar.ca.gov/Ethics/EthicsTechnologyResources/SocialMedia.aspx
Technology Ethics Articles | The Markkula Center for Applied Ethics
www.scu.edu/ethics/practicing/focusareas/technology/articles.html