Law Courts Entering the Social-mediasphere

It seems that there is no human endeavor that will not be subverted by those with evil intent. The social-mediasphere is no exception. This recent Yahoo! News article, Injunction by Twitter: A Blogger Makes History Trying to Unmask His Impostor reports how the English High Court is using Twitter to serve an injunction against a Twitter user/identity impostor.

The case has many facets, including political campaigning, impersonation, possible slander, character assassination via misrepresentation, mainstream media reporting, and the impact on everyone’s use of Twitter through increased legal action and greater government regulation in social media.

The high-profile court action, says Time, “also highlights the increasing dangers of identity misappropriation” on social media sites. A cited example involved Foreign Secretary, David Miliband, when a Twitter impostor posted, “an elegiac tweet on Michael Jackson’s death [which] was widely quoted by credulous media.”

The plaintiff in this lawsuit is also considering a suit against Twitter, because he experienced Twitter’s own procedures slow to respond. Further legal action could force Twitter to reveal account holders’ identities, which would set a precedent for the wider social media environment.

Another legal response to questionable blog and Twitter activities was posted by Tim Berry on his Planning Startups Stories blog in FTC vs. Social Media Wolves in Sheep’s Clothing. This governmental action concerns people who accept payment to post advertisements in the guise of “personal” reviews, recommendations, and conversations.

Social media, which started out as an unfettered, community-gathering-place-of-sorts is becoming as hazardous and risky as any other commercial or political arena. And as regulated and litigation-bound. Be aware, be paranoid, be skeptical of what you read. Be prepared to defend your good name.

Steve Lange
Palo Alto Software

Cracking down on fake reviews.

The marketing potential of social media has been recognized since its inception. And, for just as long, there have been those people who are willing to manipulate that potential. One of those ways has been the posting of fake reviews. This involves filling blogs and sites full of ostensibly genuine, satisfied-customer-written reviews, extolling the excellence of a product or service, when in fact, the reviews are churned out in-house, or by a review-generating mill. Another is stuffing the ballot box, as it were, by sending a flood of fake good reviews to the review listings for your own product, or fake bad reviews lambasting a competitor’s, on retailer websites, such as Amazon.com.

In his Social Media Safety Warning post of 15 July, Andy Sernovitz reports in the Huffington Post on the New York Attorney General fining a company $300,000 for fake reviews.

[The company] employees published positive reviews and comments about the company to trick Web-browsing consumers into believing that satisfied customers were posting their own stories. These tactics constitute deceptive commercial practices, false advertising, and fraudulent and illegal conduct under New York and federal consumer protection law. The settlement marks a strike against the growing practice of “astroturfing,” in which employees pose as independent consumers to post positive reviews and commentary to Web sites and Internet message boards about their own company.

“This company’s attempt to generate business by duping consumers was cynical, manipulative, and illegal,” said Attorney General Cuomo. “My office has and will continue to be on the forefront in protecting consumers against emerging fraud and deception, including ‘astroturfing,’ on the Internet.” —excerpted from the NY Attorney General Media Center

Sernovitz points out that this ruling now makes false reviews illegal. It’s no longer a gray area, open for broad interpretation. This is a boon for ethical social media marketers, businesses, and customers. It is now a time to rebuild trust and establish brand integrity.

Sernovitz lists six ways for businesses to market safely in social media:
1. Never pay for posts or reviews.
2. Stay away from fake-review or mass-blogging services.
3. Create a formal, public policy.
4. Train your team.
5. Bind your agencies.
6. Monitor.

A recommendation from a satisfied customer can be one of the most powerful marketing messages you can use. It is in your very best interest to collect them, and use them, but only if they are real!

Steve Lange
Senior Editor
Palo Alto Software