An open letter to Mark Zuckerberg: We’d ‘like’ your attention

Dear Mark,

I would like to introduce you to the Australian Advertising Standards Bureau (ASB). You may not have heard of them but they have made a ruling down here that may cause you some grief, and potentially decrease the number of brand pages on Facebook. Following a recent ruling, the ASB will now hold brands and companies with Facebook profile pages accountable for comments made on their pages by the general public.

In reviewing brewer CUB’s Victoria Bitter brand Facebook page, which allegedly (in a complaint) contained sexist and racist content, references to irresponsible drinking and obscene language in user-submitted comments and imagery, the ASB ruled: “The board considered that the Facebook site of an advertiser is a marketing communication tool over which the advertiser has a reasonable degree of control and could be considered to draw the attention of a segment of the public to a product in a manner calculated to promote or oppose directly or indirectly that product.”

The ASB, in their wisdom, has decided that comments, pictures or any other user-generated content posted and left on a brand’s Facebook page is a form of advertising and therefore is subject to regulation under our Australian advertising codes.

That’s right, Zuck. The ASB reckons a comment from any random visitor on a brand’s Facebook page is now an advertising message – surely this makes you shake your head, as many of us are. What this ruling indicates is that social media is about to change for brands and the Advertising Standards Bureau is happy to make it happen quickly. Unfortunately there’s been little discussion with you or your users. Probably doesn’t make you happy.

The plan down here is to make brands accountable for everything that is posted on their Facebook brand page, which is a dramatic change that will lead to a massive increase in workload (and expense) from a monitoring perspective and to be honest, I think it is something you should address.

We all know your moderation tools include the age restriction feature, pre-moderation of comments, as well as restrictions on the types of posts that can be shared (photos/videos), administrative control over ‘page visibility’ requiring all posts to be approved before they are published to the timeline, and automatic blocking of posts based on offensive language, but brands need greater control over comments posted on their page content.

My suggestion is to have a flagging mechanism built into Facebook that allows users to create a community that identifies any material that is seen to be malicious in its content. This would still allow people to have their say, but also gives other users the power to express their opinion on what should and shouldn’t be kept on a brand page. I know it’s a little bit of work for your company, but I think it will ensure brands are confident that you are supportive of them.

As a ‘fan’ of many brand pages, and a digital strategist who recommends your website as a key part of my strategies, I have never posted obscene or intentionally offensive comments or content, but I know it’s a liability my clients face. What I am asking, Mark, is can I truly recommend Facebook to brands as a realistic part of my digital strategy when I also have to tell the client to hire a social media community manager to monitor messages and content because the current tools are insufficient?

Monitoring is a time-consuming effort and would be possible 24/7 in an ideal world, but not all brands have the staff or financial resources to enable this, so how can we make this automated? That’s where you come in to help us out!

Social media was meant to open the communication channels between people locally and internationally. It was meant to enable real-time communication between brands, organisations, businesses and the public. If this becomes a dangerous and potentially expensive prospect, you risk the value and authenticity that Facebook has always championed.

Rather than meekly accept this ignorant and hasty ASB ruling, show the millions of Facebook users worldwide that they can trust you to promote their freedom of speech in an appropriate manner and come up with some real moderation tools. This will allow me to confidently include you in my strategy packs again. Mark, don’t make me recommend other social media platforms – prove that your fans have a valuable say in how Facebook is designed so that brands and the public can be confident you care.

Hopefully still a fan,

Grant Flannery
Digital strategist
Reactive

 

Ruling on alcohol brands’ Facebook sites will shake up social media marketing

By Nicholas Carah, University of Queensland and Sven Brodmerkel, Bond University

 

Recently, the advertising regulator has made what have been called ‘landmark decisions’ relating to the use of Facebook by two prominent alcohol brands.

Two weeks ago, the Advertising Standards Bureau (ASB) found that an advertiser’s Facebook site is a marketing communication tool and therefore falls under the industry’s self-regulatory code of ethics.

The ASB decided that “the Code applies to the content generated by the page creator as well as material or comments posted by users or friends”.

ASB’s decisions created debate in the media and on industry forums, with some arguing that stricter monitoring of Facebook pages by brands was against the ‘spirit of social media’ and ‘commercially unviable’.

The decisions come in response to a submission that we made regarding the Facebook pages of Smirnoff and Victoria Bitter (VB).

We had monitored the use of Facebook by several Australian alcohol brands since late 2010. Alcohol brands use Facebook to acquire and interact with an audience using competitions, prompting discussions, and uploading photos.

Smirnoff appeared to be using photographs taken in venues to create thousands of micro-advertisements that could be disseminated in the peer networks of Facebook via tags, likes, and comments. VB appeared to be ‘prompting’ Facebook fans to say things that most ‘politically correct’ mainstream brands wouldn’t say.

Like many alcohol brands on Facebook, VB would often post a statement such as: “it’s nearly 5pm – time to crack the weekend’s first VB” on a Friday or Saturday afternoon. Users would reply with statements such as: “what’s this 5pm crap, cracked my first one hours ago”, “FUCK THAT, I cracked my first 4 hours ago”, “on the 8th already” and so on.

Or, in reply to VB’s question about what’s needed for an Australia day BBQ fans replied with statements such as: “sluts”, “pussy” and VB. When VB asked whether they should give Roger Federer VB when he arrived in Australia, fans relied: “I bet the poofter don’t even drink” and give him a “dildo so he can fornicate himself”.

VB asked fans to submit Australia day photos; one photo featuring three young men with no shirts on prompted fans to say they were “gay as fuckin aids” and “bloody poofs vb in front of yas and ya drinking fag drinks”.

VB argued that user comments on a Facebook group are not advertisements but “statements of personal preference”. VB considered the tone of the page to be ‘tongue in cheek and ironic’. They argued that this tone was “consistent with the overall tone” of Facebook, the internet generally, VB and mainstream beer marketing.

On this basis, they claimed it was “beyond doubt” that statements such as “women should be chained 2 da kitchen! Lmfao” are ironic and humorous, and therefore not discriminatory or vilifying to anyone in the community. The ASB disagreed.

The Alcohol Beverage Advertising Code (ABAC) found that the advertiser’s posts alone weren’t in breach of the code, but when read together with the user comments do “suggest that excessive consumption of alcohol is acceptable and is encouraged”.

This aspect of the decision has been mostly overlooked so far. What we found in our research is that VB’s use of the page consistently stimulated discussions of this nature. We did not trawl through the page looking for erroneous or one-off comments to complain about.

The brand would consistently prompt users to say things that it could not explicitly say in traditional advertising and to incorporate the brand into the mediation of an identity that glorified alcohol consumption.

We agree with VB’s argument that the conversations on the Facebook page were just like conversations you might hear in a “pub in Glen Waverley or Subiaco or Wallsend or Kiribilli”. VB drinkers probably say all sorts of colourful things to each other at the pub on a Saturday night – maybe even in an ironic way – and they should be free to say and think what they like.

When uploaded to Facebook, however, these ‘statements of personal preference’ on Facebook function as advertisements.

When a user ‘likes’ a brand post, or expresses a view in a comment on a brand page, they push the brand out into their peer network attached to their own identity. For VB to claim that user comments aren’t advertisements is to suggest that they don’t create value for the brand.

That is either a surprising or convenient misunderstanding of how Facebook works. The activity unfolding on the VB page wasn’t dialogue or conversation; it was the strategic use of cultural practices, identities and social networks to create brand value.

A similar argument can be made with regard to the second social media related ruling made by the ASB and ABAC. The ABAC code states that advertisements must not “have a strong or evident appeal to children and adolescents and, accordingly: adults appearing in advertisements must be over 25 years of age and be clearly depicted as adults”.

Smirnoff systematically uploaded thousands of photographs that depicted people mostly under 25 enjoying consuming alcohol in nightclubs and music festivals. One of the claims Smirnoff made about these images was that they did not constitute ‘paid advertising’.

While Smirnoff didn’t buy media space to upload the images, they did purchase sponsorships of the festivals, where they produce hundreds of images of punters for their Facebook pages. Smirnoff want to embed their brand into the way young people mediate their experience of music festivals and nightlife online. They pay the music festivals for that access.

Like VB’s claim that the user comments were “statements of personal preference”, Smirnoff claimed that the photographs were uploaded for the “benefit of those in the photographs” and that for this reason, they are not advertising material.

With several thousand images online, each time a fan tags, likes or comments an image, it pushes that image out into the news feeds of their hundreds of friends. These images have a targeted and promotional character. They embed the brand within the mediation of nightlife on Facebook.

Following the ABAC decision, Smirnoff removed all of the images. In doing so, they didn’t just remove representations of drinking culture that contravened the ABAC code; more importantly, they dismantled the social networks that each of those images held in place through likes, tags and comments.

These decisions don’t amount to censorship of users. Users are free to say all of these things on Facebook pages. What the decision does is enforce the moderation that advertisers have already agreed to in their self-regulatory code.

Perhaps the most profound aspect of these decisions is the shift in what the regulator considers an advertisement to be. An advertisement isn’t just a purposefully constructed representation that brands create and control that contains explicit promotional meanings.

An advertisement is now also a text that functions as a device for assembling an online social network around the brand. Brands bear some responsibility for the conversations and mediations of everyday life that they stimulate and amplify online.

 

The Conversation

This article was originally published at The Conversation.
The ConversationRead the original article.

Comms Council responds to ASB ruling on Facebook comments

The Communications Councils has verified that the Advertising Standards Board’s (ASB) controversial ruling of last month that third-party comments on Facebook pages be deemed ads do in fact make them subject to the industry’s codes of ethics.

The Council says the classification of branded Facebook pages as ‘a marketing communication tool’ which falls under self-regulatory codes, including the AANA Code of Ethics, provides clarity for agencies and their clients as to their responsibilities to moderate comments posted by the public.

Margaret Zabel, CEO of the Communications Council confirmed that the ASB can rule on whether the content is in breach of the codes, irrespective of whether the posts are authored by the brand owner or by members of the public.

“The Board noted that the Facebook site of an advertiser is one over which the advertiser ‘has a reasonable degree of control’ and therefore requires monitoring ‘to ensure that offensive material is removed within a reasonable timeframe’,” Zabel says. “The Board’s determination suggests it realises the challenges posed by this medium are greater than traditional advertising mediums and the fact that total control is beyond the scope of advertisers. We have initiated discussion with the AANA and the Board to establish what constitutes a reasonable timeframe so that we have clarity and certainty on this issue.”

According to the Council, the ASB’s ruling is consistent with the premise that advertisers and agencies should operate in the spirit of the self-regulatory codes in a way that is platform neutral.

As the landscape continues to shift, the Council predicts more cases of self-regulation adapting to continually reflect community standards will emerge.

The Communications Council provides training for members in the area of social media legal and ethical issues.

 

Facebook fan comments are ads – what does that mean for brands?

When the Advertising Standards Board (ASB) ruled last month that comments on a vodka brand’s Facebook page were ads, it sparked a potential conflict with the ‘do not delete’ mantra espoused by PRs for social media.

With that ruling – that fan comments are ads and therefore must adhere to the Board’s codes – brands could be forced to strictly police comments made by fans on their brand pages.

Media lawyer John Swinson, of law firm King and Wood Mellesons, told Fairfax papers that he has advised clients to be aware that the same standards governing traditional advertising media could now apply to posts by any party on a brand’s Facebook pages.

Members of the public posting claims referring to Smirnoff being the ‘purest Russian vodka’, for example, could lead to the brand ending up in court for false or misleading advertising.

“Smirnoff is Australian not Russian. So that is false. It may not be the purest so that could also be misleading,” says Swinson.

The original claim against Smirnoff was dismissed, but the ASB ruled that posts by brands and the user comments that followed were governed by the industry self-regulatory body’s codes. The ruling effectively “turned people’s opinions into statement of facts,” Swinson says.

This presents a challenge to brands that increasingly rely on Facebook ‘word-of-mouth’ to disseminate referrals to their fans’ social circles, forcing them to review and possibly delete thousands of user comments a day.

 

Black, white or grey? Updates to the AANA Code of Ethics

This article first appeared in the February 2012 issue of Marketing magazine, available here.

 

Somewhere in between the black (guilty!) and the white (not guilty!) of our legal system lies the colour grey. Grey being the colour of ethics. My art director friends tell me the human eye can detect about a hundred shades of grey, ranging from really light grey/almost white through to a dark murky grey.

The Advertising Standards Board, which administers the AANA (Australian Association of National Advertisers) Code of Ethics, operates in this grey area. It receives over 3000 complaints a year, requiring a black or white verdict. Informing its decisions are community standards, which in turn are informed by personal and societal ethics.

The AANA Code of Ethics puts forward an agreed set of ethical principles that dictate what advertising content is acceptable and unacceptable, black or white, if you will.

Technological advancement, globalisation, historical events and government changeovers have a profound effect on our ethics, continually shifting the way ethics inform our decisions and behaviour.

Similarly, the rapid rises of online and digital have posed their challenges to the Code, and it was therefore in need of updating. At the same time, a number of government inquiries have indicated a discomfort in the community with the level of sexualisation in advertisements and called for us to address this. Hence the AANA has consulted stakeholders and then introduced an amended Code to reflect the changing world we live in.

It is paramount for advertisers and marketers to know about these changes, as the Code is a barometer of acceptable standards in the community, while also reminding us to continually lift those standards.

One area of change is the definition of marketing communications as covered by the Code. With a newer, broad reaching redefinition, it is now clear that tweets, advertorial and sponsorship announcements are subject to the Code.

A second area of change is the introduction of a new clause that disallows objectification of people. Besides the Code prohibiting sexualisation, it now also forbids advertising that uses images of men, women or children with sexual appeal in a manner that is exploitative, degrading and lacking moral, artistic or other values.

And then a third change is that, if complaints arise about the suitability of content for certain audiences, advertisers will now be called upon to provide audience measurement data. Simply put, if an advertisers says they were targeting mums in their ads in a G rated time slot, OzTAM data can be used to check whether that is indeed the audience for commercial free-to-air and subscription television. In the same vein, the Code now calls for the language used in ads to be appropriate for the relevant audience.

If this is all still a bit obscure, here’s the good news: alongside the changes, a practice note has been developed, using examples and plain English to help make the Code easier to understand and apply.

The revised Code took effect in January 2012, allowing for a period of adjustment and training, so get your teams onto this if they aren’t already.

Advertising standards board under fire

The self-governing watchdog for the advertising industry has come under fire for ignoring two complaints about ads depicting irresponsible driving.

The Pedestrian Council of Australia (PCA) made two complaints related to campaigns from Mitsubishi, ‘Daniel’s Birthday’, and Range Rover, in which it alleges the ads depict dangerous driving and a car driving on the wrong side of the road without licence plates respectively.

However, the Australian Standards Bureau (ASB) has defended its decision to ignore the complaints, after it decided that the alleged offenses were explainable and within in the code.

Fiona Jolly, chief executive of the ASB, said the board had acted within the restrictions, saying there was leeway allowed for overseas ads and that the Mitsubishi ad had been cleared because it was considered ‘fantasy’.

Following the decision, chairman and chief executive of the PCA, Harold Scruby, called for the decision of the board to be reviewed by its independent umpires Mick Palmer (former Australian Federal Police commissioner) and Diedre O’Connor (former Federal Court judge), who recommended that the board review its decisions. In both cases the board retained the original decisions.

Scruby now accuses the board of ignoring its responsibility to the pubic and suggested that the advertising industry self-governing itself does not work.

“The code in my view is quite reasonable, but you cant have a code where the umpires decision is going to be ignored,” Scruby told The Australian.

New standards for sex and nudity in ads

The Advertising Standards Bureau (ASB) are conducting a review which could lead to new standards for the portrayal of sex, sexuality and nudity in advertising as early as next month.

As part of the review, the Bureau will interview 1, 200 consumers to gauge their reactions on ads that have already been reviewed by the ASB panel. ASB CEO Fiona Jolly said the Bureau had been seen as too liberal in this area, but changes in 2009 had seen a harder line taken.

Sexuality and nudity was one of our most consistently complained about areas. We need to see if we are in line with the communitys views,” said Jolly.

The Australian reported that communications minister, Stephen Conroy, had warned the industry it needed to apply self-regulation to the internet.

Jim Beam’s ‘Stalker’ TVC pulled

Who said that alcohol advertising can be culturally insensitive? A Jim Beam TVC, ‘The Stalker’, has been pulled of the air after a complaint by health agencies was upheld by the Advertising Standards Board (ASB).

‘The Stalker’ is part of an ongoing Jim Beam advertising campaign entitled ‘The Bourbon’, which features an attractive woman in a bar who admits to following her ex-boyfriend for extended periods despite having a restraining order prohibiting her to do so.

The complaint by the Alcohol Policy Coalition – a group comprising the Cancer Council Victoria, VicHealth, the Australian Drug Foundation and Turning Point – argued the advertisement and its associated website contravened both the Alcohol Beverage Advertising Code and the Australian National Advertisers Code of Ethics.

The Alcohol Policy Coalition’s Geoff Munro says the advertisement is irresponsible and offensive and contrary to prevailing community standards on health and safety.

“This advertisement promotes and trivialises stalking, which is a criminal offence, and sends viewers a dangerous message that it’s acceptable to engage in this behaviour. It clearly presents an irresponsible approach to the consumption of alcohol through its association of a Jim Beam product with this offensive behaviour.”

It pointed viewers to a website where they are invited to choose from a list of SMS messages to send to a person of their choice.

Examples included: ‘Don’t turn round baby, but you look so hot. Speaking of babies ours’d be so cute, like you. I wonder what we’d call them?’ and ‘Who is she? It’s not your sister ’cause she’s tied up in my basement. I forgive you. It’s me or it’s no one! I hate u but I love u.’ Creepy stuff.

However, since the announcement of the ad’s banning, it’s been viewed on YouTube over 5000 times. Pulling the TVC has given the campaign more publicity – perhaps proof that controversy works?