The Internet and social media have become inextricably intertwined into the everyday fabric of our lives. As a result, the opportunity to publish potentially defamatory statements and incur legal liability for doing so has been heightened. With social media sites such as Facebook, LinkedIn and Twitter, your ability to self-publish is virtually unlimited. Although you may limit the exposure of your statements and comments through available privacy filters on such sites, who knows where the messages will ultimately go over the Internet. With the pervasive nature of social media connectivity and self-involvement, the Internet has become a ubiquitous forum for potential defamation liability.
A little tutorial is in order. The law of Internet defamation is no different from other types of potentially defamatory communication. Although defamation law varies slightly from state to state, the basic principles of defamation are common across all 50 states. Libel is written defamation, and slander is verbal defamation. In Texas, to maintain a cause of action for defamation the plaintiff must establish that the defendant (1) published a statement; (2) that it was defamatory with respect to the plaintiff; and (3) that it was published with either actual malice, if the plaintiff was a public official or public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement. In addition, the plaintiff must have been harmed or suffered damages as a result of the allegedly defamatory statement. In other words, the statement must either impugn the plaintiff's character or injure the plaintiff's reputation. Regarding public officials, a claim for libel doesn't require any ill will or animosity. Rather, actual malice means that the defamatory statement was made either with knowledge that it was false or with reckless disregard to its truth.
The alleged defamatory statement must be a statement of fact as opposed to an opinion. Merely offensive, unpleasant or figurative statements are not enough to establish a case for defamation. You can call someone an idiot or a lightweight, and your opinion will be okay. But, don't publish a knowingly untrue statement of fact such as this author doesn't hold a license to practice law in Texas when you know that I do or can easily verify the truth of your statement by checking with the State Bar of Texas.
While blogging is a developing area regarding the law of defamation, it still applies to published statements made by bloggers. The Communications Decency Act of 1996 protects Internet service providers and blog owners from claims of defamation. The Act states in pertinent part that ... "No provider or user of an interactive computer service shall be treated as the publisher (distributor) or speaker of any information provided by another information content provider." Like any other medium, the treatment of blogs is supported by U.S. Supreme Court Justice William J. Brennan, Jr., who stated in 1985 that "at least ... a majority of the Supreme Court ... agree today that, in the context of defamation law, the rights of the institutional media are no greater and no less than those enjoyed by other individuals or organizations engaged in the same activities." Despite the applicability of defamation law to bloggers, at this point in time there would appear to be some difficulties in its actual application to bloggers. Frequently, egregious defamatory statements on blogs are made under the veil of anonymity. The actual identity of the offending blogger can be technologically difficult to establish. Rest assured that the courts will seek to have plaintiff's prove all the elements of defamation mentioned above before requiring the time and expense on technology to uncover blogger's identities. Nevertheless, with the pervasiveness of blogging, a market for blogger's liability insurance has risen to protect against potential claims for defamation. Because of the increasing risk of defamation by bloggers, insurance companies have developed a policy to insure against even this type of risk. Where will it end? How will the law of Internet defamation evolve? Only one can guess.
I would like to acknowledge Alyssa J. Long who handles financial and regulatory insurance matters for USAA in San Antonio and who serves on the Texas Young Lawyers Association Board of Directors for her article on Internet Defamation published in the March 2010 edition of the Texas Bar Journal. I am indebted to her insightful commentary on the topic.
Matt Hutchins, General Counsel a/k/a Legal Beagle
Unified360
"Shoot a lawyer, and save a tree"
"I don't care about your farm, or your fish, or your park, or your mafia!"-Social Gaming, the newest generation of gamers!
This is the name of a group I am a fan of on Facebook. I don't know if it's because my name starts with an "A" or because sincerely my friends on Facebook think I'm interested, but I get requests for Farmville, Mafia Wars, & Aquarium DAILY... and not just from one friend. I'm not the only one who isn't interested in any of these gameseither; there are over 5.7 million fans of the page "I don't care about your farm, or your fish, or your park, or your mafia". Unfortunately for us, there are over 40 million people that are! Zynga, the company who created "Farmville" & "Mafia Wars" has an estimated value of $1.5-3 BILLION dollars! That is more than twice the worth of the company who made the "Grand Theft Auto" games. So, is social gaming the new XBOX?
New Generation of Gamers
The term "gamer" is traditionally for those who are devoted players of electronic games, especially on the machines specifically designed for such games. Lately, though, this "gamer" has a new "machine" to play on; the Internet. The average age and gender of a gamer is said to be 21-year-old males, but today's Facebook gamer has a new face. The average player is 48 and 55% are women. The 48-year-olds have become the NEW generation of gaming!
Facebook gamers are hardcore
Statistics show that many Facebook gamers are hardcore, seeing as they don't just play these games once or twice a week. They are actually playing daily. Although I am not a FB gamer, I'm definitely addicted to my iPhone games and frequent "Words With Friends" almost as much as I check my email. The appeal of these games is that they are simple and approachable and I can play them quickly while passing time (say, while I'm waiting on a client in the lobby or at the doctor's office). Facebook, iPhone, and BlackBerry gamers make up an audience that is larger than the number of Xbox360, Play Station 3, and Wii owners combined!
The point of this blog is not to promote any of these games (unless you want to play "Words With Friends" J) but to show that the concept of social media is changing EVERYTHING in society, and for those of you who do not want to accept it, wake up and smell the Farmville flowers! What will the next "social" impact be? Will you accept the reality or just hit ignore?
Amber Leatherwood, Account Manager
Unified360
It's no secret that companies are turning to online efforts through social media to build their brands and reach out to customers. The NCAA tournament is no exception.
March Madness is one of my favorite times of the year. Not only do I enjoy cheering for my Baylor Bears (3 seed this year!) but the conversation and participation from fans online only adds to the excitement. Make no mistake about it... marketers have taken notice of the amount of online hype surrounding March Madness and are using it to their full advantage. Companies ranging from Coca-Cola to Papa John's are seeing the season as a social media marketing event and a chance for consumers to be more involved with their brands.
College basketball and March Madness is one of the busiest times of the year for social media. In fact, 5 of the 10 "peak" minutes of Internet traffic ever recorded were linked to the NCAA tournament. A point that further proves that people aren't just watching the games.... they're chatting about them. Marketers want to be a part of that online conversation. This year, we're seeing everything from phone apps being launched to online contests and sweepstakes taking place. Companies know that their customers aren't just behind the TV screen; they're in chat rooms, checking their emails and updating Facebook and Twitter.
Social media is how we communicate now. It allows businesses a chance to participate in a conversation with consumers instead of a lecture. 2-way conversation will produce the most results. The best way to take advantage of this medium is by spotting marketing opportunities like the NCAA tournament. The 64 teams chosen on Sunday will play for the national title over the next few weeks and as a result, businesses everywhere will utilize the occasion to entice consumers to play with their brands as well.
Tara Young, Marketing Coordinator
Unified360
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I blogged in January about how social networking played a huge role in getting funds and Red Cross relief to the people of Haiti after the earthquake. It seems that social media tools like Twitter, Facebook and some Google applications have proven to be equally as influential for the Chileans this past week as well. The difference? Chile's population at 16.7 million (less than the New York metropolitan area) ranks
4th worldwide in terms of social media penetration amongst its home and work Internet audience. As of January 2010, 89% of the people there with regular Internet access use social networks. As a result, Chilean's are more able to help
each other than solely depending on the outside world for aid.
According to USAToday.com, since Saturday's quake, "traditional media here have focused on hard news-death tolls, rescue efforts, government announcements and images of lootings-while social-networking tools... have been at the forefront of transmitting highly localized information."
Twitter messages stating "urgent" and offering free transportation or information about a lost loved one have been flooding the site. One user posted a link to a website with a list of supermarkets that remain open in the central-south region. The most popular topics involve finding family and friends, food and water and ways to receive and offer transportation.
While phone lines are jammed and the city is in chaos, one simple message on Facebook can reach hundreds of people, saving time and distress for many family members and friends. Internet-savvy Chilean's have been able to use Google's people finder (an application launched after the Haiti earthquake), adding more than 35,000 posts by Monday morning after the quake.
So what does this mean for Chile? A quicker recovery from the destruction, perhaps. No doubt the quake in Haiti seems more devastating because of the higher concentration of people in the city of Port Au Prince and the even higher death toll. But another thing that will contribute to Haiti's slower recovery is the people not having the resources to help themselves. Their vulnerability and lack of communication technology from within the city puts them at the complete mercy of the outside world for help.
The people of Chile will hopefully be able to aid in helping each other in bringing their country out of the depth of destruction simply by being able to better communicate with each other and the world around them. Pretty cool, right? My colleagues and I have written a number of blogs on the importance of social media, the perils of social media and what the future may hold for social media. No matter what your opinion is, one thing's for certain after Saturday's disaster: it keeps us connected in more ways than ever before and when other forms of communication fail, most people are grateful to have another vehicle to stay in touch with those around them.
Tara Young, Marketing Coordinator
Unified360
The typical daily routine goes something like this: wake up, go to work, come home, eat dinner and go to bed. But lately social networking has become a big part in that cycle. Some people wouldn't
think of starting their day without checking Facebook or Twitter. Social networking has become more and more apart of our lives, sometimes more than we even recognize.
Businesses are now using social networking as a cheap form of advertising. CEOs create LinkedIn, Facebook, and Twitter accounts to help brand their companies and reach a wider client base. They can connect to there current or potential clients and easily update them on the newest products and specials, post links to there blogs, and even upload photos from there company functions. With the click of a mouse they can generate leads and gain more customers all thanks to social networking.
Social networking is even taking over the news. When a newspaper hits the stands the news in it is already a day old. With the help of social networking, people can get on the Internet and see what's going on while it's happening. There's even social networking applications on cell phones, so no matter where you are you can get on your phone and see what's going on in the world around you. Take the Fort Hood massacre for example. Before the news even hit the TV, the men and women locked down inside Fort Hood were Tweeting and updating their Facebook's, assuring their families and friends that they were safe. With no social networking, the young men and women inside Fort Hood during the lock down would never have been able to ease the minds of there loved ones. Twitter even had special profiles made just for the Fort Hood massacre so instead of weeding through hundreds of articles, those interested could just follow the Fort Hood profiles and get the latest updates from the shooting as they were happening.
With the excessive use of social networking, there are bound to be a few downsides as well. Soon, there may not be a need for newspapers or even televised news reports. This is slowly starting to create fundamental problems in our society. The generation that we live in today is completely different and more technology savvy than our parent's generation. How does this affect them? Are they able to keep up? The more technologically advanced we get, the bigger the chance is that some people may get left behind. However, it also increases the options for information that people have at their fingertips. Five years ago Facebook, Twitter, and Myspace didn't even exist. To look back and see how different our world is and how much the technology has changed just in such a small matter of time is astonishing.
In a recent study that took place at the University of Southern California (USC) Annenberg Center for the Digital Future, teens were interviewed by researchers and the information they obtained was shocking. The participating teens did not understand the concept of how the television fit in to someone's daily schedule. They explained that they watch all of their shows on their computer screens. With the increasing use of the internet, television had been put on the back burner. Instead of turning on the television to check the news or watch your favorite shows, people just turn on their computers or get on their phones and pull up whatever information they need. Just look for yourself... there are significantly fewer newspapers outside of grocery stores and gas stations because many have made the switch to online publications. And it doesn't stop with newspapers; it has great impact on newsrooms and the television industry as a whole.
Mass communication in the traditional sense is now also internet based communication in both its production and its delivery. The combination of on-line news with interactive blogging and emails has transformed newspapers into a component of a different form of communication called mass self-communication. So, where do you get your information? Do you still prefer to watch the traditional daily newscast or read your morning paper? Do you visit online publications more often? How has this shift in information technology affected your life?
Felicia Cienfuegos, Marketing Coordinator
Unified360
On December 14
th, officers arrived at the aftermath scene from a large street fight in Suffolk, Va. By the time they got there, most everyone had fled and those who were left weren't talking. So what did the police do? They began searching for the fight on the popular website, YouTube... and they found it. Mobile phone videos had been taken at the scene and were posted on YouTube just a few days later. Police were able to pick out suspects and seven people whom were identified in the video are now awaiting trial.
Social media is making it easier for authority figures to "throw the book". Here's another example. I read in an article that a 17-year-old boy had been having some problems with his coaches at school. He went home angry one day and immediately changed his Facebook status to "Ima kill them all". Several of his classmates saw this reported him to authorities right away. The student was suspended the very next day and expelled a few days later. Yes, I believe the student was very much in the wrong for posting that on his social media site. But what happened to the first amendment in this case? The child was not at school during the time of the post but he still got expelled from school.
Is social media making it harder for Americans to stay private? On your homepage of Facebook it says "what is on your mind" so, what do you do? You type exactly what is on your mind! Sometimes good, sometimes bad. Every night when I check my Facebook I can tell you everything from what movies people have seen to what my first cousin had for dinner. We are in control of our own privacy on these sites but these days it seems like social media is a small town that half the world is in.
The reason criminals are getting caught on YouTube is because, when a video is posted, there is a false sense of anonymity that makes people feel safe. And although the site prohibits content that is intended to incite violence or criminal activity, it relies on users alone to flag the violators. In fact, when most criminals are caught, the first things to go at the lawyers bidding are Facebook and YouTube accounts.
It's mind boggling to me to think of how technology has revolutionalized everything from marketing to law enforcement. It's amazing how law enforcement can easily find pictures and videos of criminals who have slipped through their hands more than once simply by checking YouTube. But let's take a step back and start to comprehend how ridiculous this is! Are there really people out there who would post such things on the internet for the WORLD to see? The obvious answer is yes. It's as if people don't even care to have privacy anymore. Having those 30 seconds of fame on YouTube or getting hundreds of comments on Facebook gives people a small sense of celebrity status.
The danger is when it turns to stalker status. You have to be extremely careful what you put out there for the whole world to see. I'm happy to let the criminals be dumb enough to post their illegal actions on YouTube only to be caught days later. But for the rest of us, using discretion about what we post online is a smarter move. Maybe it could have saved that kid from having to transfer schools over a statement made in anger and frustration. It's best we all understand now that anything you post on your "personal site", half the world can see.
Felicia Cienfuegos, Marketing Coordinator
Unified360
Facebook. Twitter. LinkedIN. You Tube. Hootsuite...
Hootsuite?? Yes, you read me correctly. I didn't know what it was either, until last week. Those mentioned above, and many, many other social media forums have made their grand entrance into our lives and have been embraced in different ways by those that have opened our doors for them.
Sure, I was quick to follow the Facebook craze back in 2008. Why not? Everyone was doing it, right? It was a great way to keep up with old friends from school; see more pictures of your friend's kids than you had of your own (& even see some pictures you probably didn't want to see); find those that really have more time than they know what to do with (I really didn't need to know what you were doing every minute of every hour of every day); and show your affiliation to anything from political party to your favorite music group.
Having said that, let's dig a little deeper than the personal aspect social media has had, and focus on its relation to the business environment. Think back to the early stages of the "dot-com" era when this thing called the Information Superhighway was banging on our door. Business leaders were asking themselves "how can my company use the internet?" The web soon became more than just a marketing tactic or an avenue for communicating. Instead, it was a revolution that altered the way companies did business. This was a time of fear, confusion, and change, yet more importantly, a time for OPPORTUNITY. Many organizations struggled to adapt to these changes.
Social Media has and will continue to bring these same types of changes to the business environment. Now take a minute and reflect on this well known quote: "Those that do not learn from history are doomed to repeat it". Ouch. That took many of us back to the late nineties didn't it?
So what can we expect and how can we prepare?
- The internet was initially dismissed as a playground for kids & geeks. (sound familiar to social media discussions you may have had recently?) It became evident that its usage was making its way quickly across age, gender, race and almost every other demographic. More importantly, was recognizing that while virtually everyone was going to be "surfing" (online shopping, reading newspapers, using search engines, etc.), not all would use in the same manner. Therefore, organizations couldn't then, and can't now, rely on a single online strategy to reach their intended audience.
- Businesses must understand the needs & expectations of their prospective targets. There is not a "sure-fire" way or a simple checklist that every company should follow to guarantee immediate success with social media. The key is......you have to play the game. Take risks. Get involved. Educate yourself and your employees. Try new ideas. Some will work, some will fail. Those that sit on the sidelines and wait for it all to get sorted out will quickly find themselves at a competitive disadvantage.
With the Super Bowl right around the corner, here's an interesting article regarding one of the "Marketing Giants" of our time (Pepsi) and how, for the first time in 23 years, they will not be purchasing a commercial spot for this year's big game. Instead, they are sinking $20M into a social media program that they expect will have a huge effect on the community.
http://abcnews.go.com/Business/pepsis-big-gamble-ditching-super-bowl-social-media/story?id=9402514
How will your organization adapt and react to Social Media??
Brian Day, Account Consultant
Unified360
Last Thursday, I attended an event hosted by the Social Media Club of Dallas. First off, I want to give props to those who helped make it such a great experience. For the cost of my ticket I got a meal catered by Margarita Ranch, a drink ticket, a great seat in a theater at the Angelika and the chance to learn from one of the biggest influencers of social media, Chris Brogan (and a copy of his NY Times bestseller to boot).
Along with a getting a few new one-liner's ("I've been plugging my tail into horses for a long time") and a lot more Twitter contacts, I actually learned a lot about this business of social media networking and what I need to do to keep up!
Here I was thinking that I already knew most of the basics to be successful in the world of inbound marketing. Boy was I wrong! Like my dad always tells me: "you don't even know what you don't know... you still have a lot to learn." And it's true; there is so much to be uncovered. There is so much that can be gotten out of networks like Twitter and Facebook and the world of blogging. It's all there for a reason; everything should be considered a valuable resource for your business. As I listened to Chris Brogan speak, I began to get some answers to the questions I had about social media and what I can do to make it work for me and my business.
One of the first things Chris pointed out was that EVERYONE'S in customer service, no matter what your occupation! And we're all in sales; it's in everyone's job description. So as people in sales and customer service we should think of media as an extension of ourselves... a way to reach out to and communicate with our customers and potential clients. What's the biggest key to doing this? Staying away from only networking vertically. It's smarter to reach out to people in other networks as well as your own. When your group of contacts grows in all different directions, the possibilities for communication are endless.
"Marketing should be 2 parts connecting, 2 parts helping and 1 part selling."
This piece of advice really hit home with me. Since I started managing social networking sites for my company, I have been solely focused on selling. When Chris said this, the world of social media grew ten times bigger for me. What I learned was that your connections do matter. It's not just about getting the most followers or the most fans, but it's how you cultivate those relationships. Yes, it's important to post important information about your own company, but you should be 12 times more active about other people and businesses than your own. Use the connections you have to give back and find ways to write about other people and their interests instead of just your company.
It makes sense, doesn't it? People are more likely to use your business if they already know you; if they already trust you. Social media is about listening at least 40% of the time. Find out what other people are saying about your business, about current events, about their business... and use those forms of communication to give back by commenting on other blogs and Facebook posts, or @replying or Retweeting them on Twitter. Cultivate those relationships and watch your business grow.
Dad says "you don't know what you don't know"... it's so true. You never stop learning. Let's quit looking vertically and start building more valuable relationships.
Tara Young, Marketing Coordinator
Unified360
What an interesting title, you might ask? As a lifelong Cowboys fan, the last thing I want to do is acknowledge a song Brett Favre sang after a Cowboys defeat by his Minnesota Vikings. After days of agony, I have decided to move on but this song sticks in my head. Not because of Brett Favre necessarily, but more so because of Larry Platt - a 62-year old American Idol contestant who created the first viral video of 2010 and is referred to as a "General" in the civil rights movement.
What many do not know is that Platt marched with Martin Luther King, Jr. in civil rights movements in early 1960's. Now since Atlanta is honoring Platt with his own holiday, you can expect much more publicity to follow.
So why is this important? Well first, the phrase "Pants on the Ground" was the number one search on the Internet with over 1 million fans on Facebook and 1 million YouTube views within 24 hours. Secondly, it continues to prove the importance of social media's role in communications with today's society which will continue to grow.
As we have seen Twitter, Facebook, LinkedIn, and other social media tools help us, we have also seen them help communication and the delivery of content specifically with voice, video, texting, and data. This is one more case that is important to the continued movement towards increased visibility into important American topics including civil rights. As one of Martin Luther King, Jr.'s admirers, I hope Platt's viral video continues to help with awareness of civil rights issues and allows us to grow as a country.
So at the end of the day, the Cowboys did not win and the Minnesota Vikings did. But at least something positive can be taken away from Brett Favre's chant. Now we will see if his chants match up to Drew Brees' this week when the Minnesota Vikings match up against the New Orleans Saints for the NFC Championship. Let's see who has their "Pants on the Ground" this week.
Jim Barker, CEO
Unified360
One evening an old Cherokee told his grandson about a battle that goes on inside people. He said, "My son, the battle is between two wolves inside us all. One is evil. It is anger, envy, jealousy, sorrow, regret, greed, arrogance, self-pity, guilt, resentment, inferiority, lies, false pride, superiority and ego. The other wolf however, is good. It is joy, peace, love, hope, serenity, humility, kindness, benevolence, empathy, generosity, truth, compassion and faith." The grandson thought about it for a minute and then asked his grandfather: "Which wolf wins?" The old Cherokee simply replied, "The one you feed."
I heard this story years ago and it always seems to stick with me when times seem tough. Everyone has trials and tribulations to overcome. Whether it is having a death in the family or getting laid off. We all go through good and bad times. It is the way we overcome our trials that show our true character. Sometimes we allow our weaknesses to be our downfall rather than using them to our advantage. I once heard of a man who got laid off from his job and had a family to support. With no luck on finding a job, the man went to the corner of a busy intersection with a sign that read, "Will work for food". People who passed tried to give him money but he wouldn't accept it. Instead, he told people he wanted a job. The CEO of a company nearby caught wind of this man's story and hired him the next day proving that no matter what we are going through, it is how you react and overcome your trials that defines who you are and what you will become.
There are two types of people in this world: the ones that "feed their bad wolf" and the ones who "feed their good wolf". It is those who persevere through the tough times that we always seem to find intriguing. We sometimes ask ourselves "what is the secret to happiness?" I don't believe there is a secret. I believe those who don't look past the obstacle to find the light will forever be in the dark; they will never truly be happy with themselves. You must be content with yourself to find true happiness and success in life. We all have two wolves in us; the one we feed will determine who we are.
Tough times never last, but tough people do
Felicia Cienfuegos, Marketing Coordinator
Unified360