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This presentation was given on October 23, 2012 in NYC at Affect. Speakers include:
Sandra Fathi, President, Affect
Gary Kibel, Partner, Davis & Gilbert Law
Jenny Dervin, Vice President Corporate Communications, JetBlue
Michael Clendenin, Director of Media Relations, ConEd
Presented By Sponsored ByPRSA-NYSocial Media Crisis Communications@PRSANY#SMCRISISOctober 23, 2012
!"#$%"&"()*&+&,-./(&& Sandra Fathi is founder and president of Aﬀect, a public relations and social media ﬁrm specializing in business-to-business and business-to-consumer technology, healthcare and professional services, located in New York. She started her career as a technology journalist, quickly moving to the corporate communications ﬁeld by joining Nokia, where she led marketing teams in the company’s multimedia display products division. She also provided consulting services for Nortel on marketing the companys ﬁrst VoIP product line and oversaw global marketing eﬀorts for VCON, a video conferencing company. 01"()*2"-./(3/45&& 20"#$%"1"()*& Sandra went on to work for Edelman Public Relations Worldwide, where she specialized in the networking, telecommunications, computer hardware, software and Internet business verticals. Before founding Aﬀect in 2002, Sandra led corporate communications and investor relations for RADVISION, a provider of video conferencing infrastructure products. October 23, 2012 PRSA-NY: Social Media Crisis Communications
6*/)".7&!3&87.#$.#*#&+&84#&9$*04#&& Michael Clendenin is the Director of Media Relations for Con Edison, electric, gas and steam providers for New York City and Westchester County. Before joining Con Edison, Clendenin served as Director of Communications for the New York City Council, where he was responsible for all public relations and media strategy eﬀorts. He also handled public relations activities for the Council Committee hearings and special events, supervised staﬀ press aides and coordinated assignment of all City Council press releases, speeches and interviews for print and broadcast media./7.#$.#*#52/4#.$3/45& Prior to his position at the City Council, Clendenin was a Vice President with Connelly & McLaughlin, a public relations and lobbying ﬁrm with a wide range of clients in politics, real estate, health care, labor and other industries. There, he developed media strategy and arranged meetings for clients with government staﬀ and elected oﬃcials. A native of Queens, New York, Clendenin holds a bachelor’s degree in Journalism from Northeastern University. October 23, 2012 PRSA-NY: Social Media Crisis Communications
:.##;&<.%=*#&+&:.(>7?.& Jenny Dervin is the Vice President of corporate communications for JetBlue airlines. After joining JetBlue in 2005 as director of corporate communications, Dervin held a number of communications positions within the company until 2011 when she became a Vice President. Prior to joining JetBlue, Dervin worked at Delta Airlines from 1999 to 2005. She began her career in the airline industry at Trans World Airlines in Chicago in 1993. :.##*1.%3$.%=*#2@.(A7?.3/45&& 2!B;C%*(.%DEF& Dervin received a Bachelor of Arts degree from Columbia College in Chicago. October 23, 2012 PRSA-NY: Social Media Crisis Communications
G"%;&,3&H*A.7&+&<"=*0&I&G*7A.%(J&KK8& Gary Kibel is a partner in the Technology, Digital Media & Privacy, Intellectual Property, Advertising & Marketing and Promotions practice groups of Davis & Gilbert. Kibel regularly counsels clients with respect to digital media and advertising law, privacy and data security and information technology matters. Kibel is a Certiﬁed Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including internal information security policies, contractual obligations LB*A.72$L7"M3/45&& and requirements, security breaches and incident responses, audits and 2L"%;B*A.7N7"M& cross-border data transfers. Additionally, he co-chairs the International Association of Privacy Professionals (IAPP) and New York City KnowledgeNet group. Prior to becoming an attorney, Kibel worked as an information systems analyst in the Investment Banking Division of Merrill Lynch & Co. Kibel received his MBA from Binghamton University and his JD from Brooklyn Law School. October 23, 2012 PRSA-NY: Social Media Crisis Communications
CRISIS COMMUNICATIONST98SGUYZYUG&8TY!9!& Anticipating & Understanding Threats to a Business People, Products, Facilities, Environment • Internal • External Employees Acts of Nature Facilities Market Vendors/Suppliers Legal Restrictions/Law Distributors/Resellers Customers Product Advocacy Groups R&,-./(&&
CRISIS COMMUNICATIONS8TY!Y!&!89U,TYS!&YU&W[9&,G9&S&!S8Y,K&69<Y,& 1. Senior manager accused of inappropriate conduct including lewd photos with employee – Now on Instagram 2. Employee arrested for hit and run accident – Now Appearing in Google Search 3. Employee caught abusing drugs – Now Posted on his Facebook Proﬁle 4. Customer credit card details leaked – Now On Twitter 5. Employee posts rant on company and exposes conﬁdential information – Now on YouTube 6. Company accused of making children’s toys with poisonous lead paint – Now on a Mommy Blog R&,-./(&&
CRISIS COMMUNICATIONST9,<YU9!!& Anticipating a Crisis T."$*#.00& 1. Crisis Mapping (SWOT Analysis) 2. Policies and Procedures (Prevention) 3. Crisis Monitoring T./4=.%;& T.0X4#0.& 4. Crisis Communications Plan 5. Crisis Action Plan 6. Crisis Standard Communications Template T."00?%"#/.& R&,-./(&&
CRISIS COMMUNICATIONST9!VSU!9&WY69!& How long before the $@!& hits the fan?
CRISIS COMMUNICATIONST9!VSU!9& Preparing a Response 1. Don’t delay T."$*#.00& 2. Acknowledge situation 3. Acknowledge impact and ‘victims’ 4. Commit to investigate T./4=.%;& T.0X4#0.& 5. Commit to sharing information and cooperation with relevant parties 6. Share corrective action plan if available T."00?%"#/.& 7. Respond in the format in which the crisis was received** R&,-./(&&
CRISIS COMMUNICATIONST9,!!_T,U89& Who to Reassure? How to Reassure? 1. Develop full response plan T."$*#.00& 2. Put plan into action: Immediate remedy 3. Communicate results of plan and impact 4. Reaﬃrm commitment to correction T./4=.%;& T.0X4#0.& 5. Demonstrate results of program T."00?%"#/.& R&,-./(&&
CRISIS COMMUNICATIONST98S`9Ta& Preparing a Long-term Recovery Plan 1. Review need for operational, regulatory, T."$*#.00& environmental and employee changes 2. Develop long-term plan including policies and prevention tactics T./4=.%;& T.0X4#0.& 3. Reassess crisis plan 4. Regain customer/public trust T."00?%"#/.& R&,-./(&&
SOCIAL NETWORKING – 3 PERSPECTIVES1. Social networking by company employees2. Social networking by the company itself (or its authorized representatives, such as its ad agencies)3. Social networking by the public (either on a site set up by the company or a third party site/service)! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
FTC’S GUIDES CONCERNING THEUSE OF ENDORSEMENTS ANDTESTIMONIALS IN ADVERTISING»Endorsement/Testimonial = Any advertising message which message consumers are likely to believe reflects the opinions, beliefs, findings, or experience of a party other than the sponsoring advertiser.”»Must be honest and not deceptive»Disclosure of material connections: “When there exists a connection between the endorser and the seller of the advertised product which might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.”! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
FTC’S REVISED ENDORSEMENT GUIDES»A blogger/word-of-mouth marketer has a duty to disclose any “material connections” with an advertiser (e.g., payments or free products that the consumer would not expect)»Celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows, blogs or in social media»Employees who promote their employer’s products or services in social media should clearly and conspicuously disclose their employment relationship! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
FTC ENFORCEMENT ACTION(REVERB COMMUNICATIONS –AUGUST 2010)»FTC Action Against Reverb Communications and Snitker: In August 2010, the FTC settled with Reverb Communications, Inc., a California-based public relations firm in the video game industry, and its sole owner, Tracie Snitker»Endorsed their clients’ gaming applications by consistently giving their client’s applications four or five stars or by positively commenting on them (e.g., “Amazing new game,” “ONE of the BEST” and “One of the best apps just got better”)! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
HOW TO MAKE A DISCLOSUREIN SOCIAL MEDIA»How should a disclosure be made? - There is no special language but goal is to effectively communicate your relationship with the marketer • Acceptable: - “Company X gave me this product to try ...” - “I work for Company X, so ...”»Not acceptable - Button that says DISCLOSURE or LEGAL - ABOUT US or GENERAL INFO! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
HOW TO MAKE A DISCLOSUREIN SOCIAL MEDIA»How can I make a disclosure on Twitter? - #paid ad - #paid - #ad»WOMMA also suggests - #spon, #paid, or #samp ! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
TERMS, CONDITIONS, POLICIES,GUIDELINES, yada yada…»Facebook - Statement of Rights and Responsibilities - Promotions Guidelines - Platform Policies - Advertising Guidelines - Brand Resource and Permissions Center - Data Use Policy! "#$%& ()*%& +,%-%- +#../0%$&1%#0-
FACEBOOK POLICIES – STATEMENTOF RIGHTS AND RESPONSIBILITIES»Profiles vs. Pages»Pages vs. Application - “You may not use your personal profile for your own commercial gain.”!" #$%&( )*+& ,-&.&. ,$//01&%2&$1.
FINANCIAL SERVICESAND SOCIAL MEDIA»FINRA – NASD Rule 2210 - Websites = advertisements Therefore, need review and registered principal approval prior to posting - Interactive Communications (i.e., chat rooms) = public appearances. Therefore no prior approval necessary - Blogs and Bulletin Boards = advertisements (if static); = interactive communications (if real-time) - Social Networking = combination of static and interactive content11 !"#$%& ()$% *+$,$, *"--./$#%0$"/,
CORPORATESOCIAL MEDIA POLICY»Create a Corporate Blogging Policy - Permitted conduct - Encouraged conduct - Prohibited conduct - Company’s rights and remedies»Personal vs. Professional Uses of Social Media»Intellectual Property Rights (i.e., copyrights, trademarks)»Confidential Information»Company’s right to review – no expectation of privacy12 !"#$%& ()$% *+$,$, *"--./$#%0$"/,
CORPORATESOCIAL MEDIA POLICY»Discussions Regarding Competitors»Disclosures Regarding Relationships (no astroturfing)»Acceptable lingo – LOL vs. WTF»Opinions»Don’t Use for Harassment / Objectionable Content»Supervisory Procedures in Place»Changes To Accounts Upon Termination With The Company (i.e., LinkedIn)»B.Y.O.D.12 !"#$%& ()$% *+$,$, *"--./$#%0$"/,
NLRA IMPACT»Section 7 of the National Labor Relations Act (NLRA) protects the rights of most non- supervisory employees to act together to improve their working terms and conditions, including communicating about their pay, benefits and other work-related issues»This is called “concerted activity” and is protected whether or not the employees are unionized!" #$%&( )*+& ,-&.&. ,$//01&%2&$1.