360DigitalInfluence

Last week, I attended a webinar from WOMMA where WOMMA General Counsel Tony DiResta discussed the importance of disclosure across social media. This conversation normally focuses on brand-blogger relationships but the same best practices and government guidelines may also affect your Facebook Page.

Here are five things to keep in mind about your brand and disclosure on Facebook.

1. Employment is “Consideration”: The FTC requires that any consideration from an endorser be disclosed; “consideration” includes anything that might sway endorsers’ words and this includes employment. Make it clear to employees that posting an endorsement or review on your Facebook Page without disclosing that they are employees is unacceptable, this also includes commenting on other Facebook Pages or Facebook content just as it does commenting on blogs.
2. Video Contests: If you are soliciting Facebook videos about how much fans love your product to be in the running for a million dollar prize treat this the same as you would if you were requiring a blog post about your product as a contest entry. Help fans by requiring that they include a link to your contest rules or a including the contest name in the video description- this disclosure will protect your fans and will raise awareness of the contest.
3. Disclosure in Celebrity Status Updates: Status for Sale is forbidden by the Facebook User Guidelines but do make sure that any celebrity spokes people disclose their relationship with you should they be posting about your products a lot. There is no standard format for this disclosure, the status update might include (sponsor) in the text or the celebrity might list the sponsorship or spokesperson relationship prominently on their Page information.
4. Disclosure of Celebrity Photos: If celebrities and influencers are seen using your products in paid advertisements or at your events it’s understood that these are paid endorsements and no disclosure is needed but a photo of a celebrity using your product lacking any description or context is more ambiguous. To be safe, if you are posting photos of paid celebrities or event attendees using your products make sure to add a note to the album description or under each photo as to where the photo came from.
5. Disclosure in Foursquare: One great question from the webinar was around Foursquare and whether free products or gifts given to a Mayor needed to be disclosed- Tony confirmed that they do. Since many people are now using Facebook and Foursquare together I thought this was worth including.

Remember to use common sense with social media campaigns just as you do traditional advertising campaigns and keep your customers’ best interest in mind. And no matter how much you study this stuff don’t forget the gut check: if you think you might need to be disclosing something you probably do.

A special thanks to Tony DiResta for his input on this- for continued discussion and updates about best practices and guidelines check out Tony DiResta’s blog on the WOMMA website see the full disclosure webinar here.