Employee Disclosure in Social Media
At the 2010 SXSW Interactive Conference, two sessions were held discussing the recently updated FTC Guidelines as it relates to endorsements and testimonials used online in social media. (You can review the twitter stream of each session from these hashtags: #bloggercred and #mikeylikesit.)
WOMMA has been proactive in helping marketers understand the responsibilities brands and bloggers have in complying with the FTC Guidelines. (You can learn more about WOMMA’s best practice guidance by reading our Social Media Marketing Disclosure Guide.)
There are many gray areas within the FTC Guidelines because the social media marketing space is evolving. WOMMA, in working with member companies and industry experts, shares best practice advice to help marketers navigate through the issues of disclosure. However, we recognize our advice will continue to evolve and be refined.
One area where WOMMA’s advice is certain not to change is disclosure. The matter of disclosing information that might affect the credibility of an endorsement is vital because word of mouth works best when it is 100% credible. (Again, for more background on the importance of disclosing material connections in social media places, read the WOMMA Social Media Disclosure Guide.)
A gray area discussed at SXSW session led by the FTC’s Mary Engle dealt with the confusion in applying the FTC Guides to how regular employees of companies, not company spokespeople, should disclose they are employees of a company when they use Twitter and/or Facebook to talk about their products/services of their employer.
Mary Engle, the FTC’s Associate Director for Advertising Practices, explained when company employees share good news and essentially use social media to endorse products/services their company offers, they should alert readers they are employees of the company they are talking about.
Also at this session was Aaron Hendelmen, Partner at Wilson Sonsini Goodrich and Rosati. In response to this question of employee disclosure, Aaron emphasized the importance of companies needing to have policies in place to alert employees of why disclosure is needed.
The following video taken from this SXSW session shares the perspectives of Mary and Aaron on the issue of employee disclosure in social media…
As a marketer, my takeaway and advice about this doesn’t have legal backing and might not be the official position of WOMMA. That said, I don’t believe many companies have much to fear when their non-spokesperson employees occasionally tweet about their company or update their status on Facebook with a mention about products/services their company sells.
I do believe employees who have been given the responsibility for serving as an “official” spokesperson in social media venues for a company should always identify themselves as an employee of the company. Dell does this exceptionally well on Twitter where “official” spokespeople have usernames that clearly identify themselves as Dell employees, such as @LionalatDell and @RichardatDell. “Official” Comcast spokespeople also use excellent disclosure-compliant usernames like @ComcastGeorge and @ComcastKim.
However, if a non-spokesperson employee goes way beyond occasionally tweeting to incessantly tweeting about their company’s products/services with no disclosure whatsoever… then yes, this could be a problem. And the company should have a policy in place, to Aaron’s point in the video, to address situations of a rogue twitter-happy employee on the need to (a) disclose and (b) potentially tone down the incessant nature of their company-focused tweeting.
At this stage in the evolution and development of social media marketing programs, there aren’t many definitive answers. There are lots of best practices though and WOMMA has one of the better best practice guidelines out there in Social Media.
