The Legal Department. It is both the savior and the inhibitor of business.
As marketers, we often see “legal” as an entity that prevents us from executing or planning content marketing programs. On the flip side in defense of legal, social media content can often land a brand in a lot of trouble. As we continue down these unexplored roads, one thing is very clear. A happy medium is going to have to be found. Social Media is not going away and neither is the necessity for brands to participate in it.
Offering an all-encompassing solution for baby-proofing social media is not something this post aims to do, but hopefully the following tactic may help move brand marketers and their legal counterparts into a more amicable place.
Enter The Social Media Asterisk. For the purpose of this hypothetical example let’s refer to it as:
*DD
In this example, *DD will translate to “Digital Disclaimer.” Rather than 1) Clutter digital content with legal phrasing or 2) Avoid creating that content due to fear of legal consequences, I’m proposing that a simple *DD is included in every piece of social content.
If it’s a tweet it will end in *DD or the bio will include it.
If it’s a Facebook fan page, it will include a *DD link.
If forum post it will end with *DD
You get the picture.
Above I mentioned that *DD could also be a link. This link would lead to a destination where legal departments would have the room to stretch their legs. To continue using the same example let’s call it:
DD.com/yourbrand
DD.com would be a neutral network that would house the social media guidelines, TOS, caveats, etc. that would help convey the legal requirements that a brand needed to publicize in order to help avoid (obviously not always prevent) future litigation specifically when it comes to public statements made via social networks.

The *DD network would also serve a few other helpful purposes:
1) Brands could publicly display which social networks they were registered on and what the official handle is. This would prove useful when brand hijackers try to create false information. Bloggers and Journalists could reference the profile on dd.com and confirm whether the statement came from a credible source.
2) A small fee paid by brands registered on DD.com would go towards raising a collective awareness (advertising, pr, etc) amongst consumers about DD.com.
3) Each brand page could host a forum for consumers to ask questions about the product, brand, or legal implications. Instead of this conversation taking place on Twitter on Facebook (where the majority isn't interested) it will take place in a destination where both parties are looking to discuss these types of issues.
4) Unlike a magazine ad or television commercial, the language in a *DD page would be very flexible and able to change at a moments notice (an important factor during crisis management or other public issues.)
Bring on the Devil's Advocates:
Believe me. When writing this post I kept the innocent consumer in mind, as well as the overly litigious one. I am not suggesting the above is a perfect plan. It's simply an idea that hopefully will push us forward in finding a middle ground for participating in the next wave of the web.
But if that isn't enough for you.... *DD
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