Subtitles for Advertising in a Social Media World

  Pause sub
my name is lawson hunter uh...
anand the uh... head of the
and foreign investment group
that's technically at uh...
uh... we're very pleased to have
you here this morning on uh...
our seminar on advertising
media world
this is certainly uh... a hot
topic uh...
hot button
topic uh... given the
responsibility of the seminar
and we're thrilled that
you could come this morning
many of you recognize so to me
his potential ask powerful tool
of communications and marketing
within your company
consider that in people two
thousand nine
one of the most buzzed about
news stories was the race to
reach one million
followers on twitter flash
forward two years after that and
this one's unprecedented
their leverage is that they are
today the most popular twitter
user is over thirteen million
users i've been with us britain
your paris etc
somebody like that of juror
uh... but with the vast majority
of these heavily followed
users being brands or public
figures we not only see the
number of social media users
has grown rapidly but that the
use of the medium
as the ball
people are now using social
networks to follow their
rather than only to share
personal updates with friends
and family and this trend of
process print but tremendous
opportunities for companies when
it comes to targeting idea
graphically dispersed but
focused audience and that goal
can now be accomplished with the
click of a button
however even in such social
with such streamlined marketing
processes the complexities of
the loss of a plaque
so today our industry experts
will guide you through the
privacy requirements anti spam
contest matt management tips
and marketplace trends that will
enable you not only to promote
enhancer for services and
but the movie potential
liabilities inherent in the
exploding fuel cultural market
david elder might kill the
enzymes these people speak will
be speaking this morning
and they weeks presented the
therefore to an exception fallen
uh... to answer any general
questions and we will be ending
at ten o'clock sharp awoke
questions that to the end of the
three presentations
uh... before i begin let me give
you sort of your host keeping
uh... duties
uh... our handout opens today
contain our speakers bios
today's power point slides
and information about art our
firm and the competition and
foreign investment group and our
privacy group
there also a few other members
of the audience of the
properties group of
geoff brown partner us it's
backed the room ashley weber
uh... like plastic marissa
that's wicked front of the few
others arctic maybe but not
missing anybody um...
also among the material
is a subscription card for our
firm's brochures and
an online resources and
that you may want to receive if
you could please complete this
form of the the behind
and at the wrong way out
and don't forget that this
morning seminar is eligible for
one that have non accredited c
l_ e_ credit in accordance with
the law society barker canada
professional development
and also note that the seminar
will be recorded for your future
and finally we have a resource
table just outside the room with
some firm publications of
newsletters please help
yourselves to anything you might
find useful one i will point out
to you which is related to
social media is this
will card we have the
competition group which is
the top ten rules of competition
lots of the do's and don'ts
that you can keep in your pocket
in case uh...
any of your business people
side too
new of thing
get close to the line
now i'd like to introduce our
david elder
was counsel in our auto office
and practices communications
competition in privacy law
a from that office where he's a
member robert communications
competition and government
relations practice groups
he's a highly-regarded
practitioner with twenty years
into private practice government
and corporate set
david was formally vice
president regulatory law bell
canada when i was there it
uh... where he served as the
bell privacy ombudsman which was
the equivalent of the chief
privacy officer bell canada
nodded unf
and challenging job is also
serve as legal counsel to see
and he was recognized in two
thousand eleven chambers global
role leading lawyers for
business going
as recommended lawyer in
telecommunications broadcast
mightily who's next to david
is the socgen our competition
and foreign investment group
in our travel office here a
little bit advisors on all
matters replace indicating
competition for investment laws
migrating experience in areas
including merger review
unilateral combat misleading
advertising foreign investment
prove als
used by his clients in many
industries including
pharmaceuticals chemicals mining
one guys
information technology
and many other distribution
businesses and holds a master's
degree in economics as well
and finally
janet is vice president
standards at the advertising
as canada the canadian ad
industry self-regulatory body
she's responsible for the
administration of procedures
under the code and she has
extensive background in
regulatory affairs policy
development and governmental
prior to joining the eight asks
me in nineteen ninety nine
jenna spent ten years in the
ontario provincial government as
the manager gaming policy with
the alcohol and gaming
commission of untrue
and as a senior policy advisor
with ministry of consumer and
commercial relations
so now to get us started i'll
turn it over you david attitude
accord overview of privacy
requirements in social media
thanks lots of good morning
i'd i'd point out to provoke you
get the baptism
they're comfortable all cats
heats up the difference here
uh... lots allegro microsoft
pick on anybody
uh... so
a lot to cover
not a lot of times i think
and not a lot of times i think
necessarily is going to be
fairly high level life but i
hope to do for you today
is really just
flights on the issues of the
things that
you should be aware of steve
you can go back into a deeper
diet is as you need to uh...
according to circumstances
first of all some preliminaries
uh... how many people here uh...
are on on my space
as really surprising how many
people here but whether
that's you
and treat regular
uh... huh
uh... okay how about doable
the newcomers okay
uh... face book
and how many people use facebook
rather than to keep track of the
in have helped us ok methods
uh... what they have a in
colonel okay
i was taught linked in with him
that the killer after that
there's going to have been some
of this for kids
okay see you guys what people
but deport familiar you get some
familiarity with uh... social
so outcome is skip through
quickly the beginning because i
have a bit of an intro on that
uh... that what it is but it's
important to stand some of the
uh... advertising components of
uh... media before we can
those uh... media before we can
uh... before we can move on
uh... social media obviously
it's a variety of websites
applications platforms
uh... that allow for
participating at
uh... exchanging ideas
networking online
uh... and importantly includes
the ability to share information
and resources
uh... at the end allows networks
connections to the established
and car tickets distributed
through those treat those
i like your in a different songs
on face book for example
and importantly allows users
back to create upload and
original written
content user-generated content
a huge issue in itself
the types of social media
the uh... types of social media
uh... i mean i don't think these
categories for clothes but
obviously we have
we have blogs
you know wordpress blogger or in
the competitors fine blog uh...
committing communications
consequent blog as well
uh... wikis wikipedia obviously
is the biggest one but they are
a number of other appointees are
sort of uh...
uh... brutality crabs source
uh... resources
uh... their social bookmarking
uh... a delicious and daring i
think some people thought they
were sort of on the way adult
but delicious has been there
acquired and eating developed by
the former or the founders yahoo
uh... so it's really it's again
it's a a site that allows you to
a bookmark things you think it
great and and share them with
the network
their status update services
uh... like twitter obviously is
is probably the
at the first and foremost
and then you've got virtual
worlds bike the second life
where you actually don't have
the time you interact with
somebody else's avatars and
carry on a whole will separate
uh... another bodies to the
media sharing sites uh...
uh... you choosing flickr being
probably true the most uh...
also forums
i guess uh... entrapped
uh... where people can exchange
so this really it's all over the
place and the reality is i think
a lot of sites
uh... you know the that with the
psyche is looking to this
country and say what they spoke
of that some of its and some of
this and some of that
and that i think it's right
wishing mixes all these
different types of interactions
and the various sites that link
you know it's them john stuart
sent via
the internet's a bit like
mexican food uh... everybody's
got the same greedy it's but it
is going to difficult nations
social media
social media also and that's the important
also and that's the important
part of this whole social media
really engage and leverage
uh... use our communities so
friends family
again lots of user generated
content and that means if you
uh... if europe company that's
on my knee and social media
you want you to generate content
because it's a it can be a huge
marketing advantage
but you also necessarilly lose
some control
uh... and they're a lot of a
potential issues they're uh...
many which we won't talk about
for the future
intellectual property issues
that can come up with the
eventual easing generated
content space
defamation issues i didn't get
into securities issues uh...
but we will talk double talk
today about the privacy of the
spam applications and then we'll
uh... mike lee will be talking
about some of the uh...
uh... competition the related
headed but this is really the
essence of social media uh...
cannot capabilities that user
generate content capability is
uh... provokes people to share
of themselves to put so much of
their personal
information their interest that
takes the printout works
and online because they can't do
it it's they feel like they own
uh... an important part of that
for market perspective are uh...
customer reviews
and trusted recommendations and
we'll see if we get in there
that those are really keen
uh... elements about social
media advertising and marketing
in fact extended shown that
those can be the most important
in purchasing something's been
recommended to us by a friend
uh... or reviewed pure vis-a-vis
how many people when it made
steady uh... travel plans going
to resort to such never been to
had looked at the user reviews
to get the street district of
then we wouldn't know these
people in the cases but it does
give you
what feels like maybe more
uh... viewpoint
why cial media advertising
why social media advertising
and corruption
uh... well obviously it's its
large uh... growing numbers
accusers lawson cited some
figures up at the beginning
uh... a large portion of uh...
americans online time
korean-american statistics for
this but about a quarter of of
the time spent on mine
uh... by americans has now spent
on social media that figures is
uh... it facilitates the word of
mouth is
type of advertising and
marketing on a massive scale
that makes to make sure
customers your marketers
leverages the trusted
relationships we talked about it
creates brand loyalty
and strong judgment because you
talk but consumers to talk back
to advertisers
and stand to each other
but a lot of that obviously is
that targeting uh... tomar mix
at half the money is spent on
advertising is is wasted the
trouble is i don't know which
and i think that's often been
the problem with advertisers
with social media
you can be a lot more schumer
you get a very uh... rich
that allows you to target how
you ask the people that you know
have those interests
either because they uh...
identified themselves use social
media or because of their
association with the group of
people that may have to stand
uh... associate themselves with
those interest
and on top of that you get some
very deep analytics
so when you are an advertiser
you can get really
fairly accurate picture
uh... i who's been looking at
baggy rats and how long they
spent on the mend and you can
create some great demographic
profiles beer market
uh... six billion dollars this
year globally uh... manuscripts
on uh... social media marketing
so the options and that's why i
like to think this is kind of a
continual that's that's sort of
a matter of degrees
so vita the options are plain
old display advertising and
uh... you know
the most primitive form of the
very early days of the internet
you get to the banner ads
that they might not even relate
to the site that you were out
there who you are
uh... but uh... sometimes
they'll they'll be cheating i
ever got was sophisticated be
key to the site
if you were on a site for a
you know uh... uh...
trabajando retire
education program he might be in
you know these cats purr canoes
or something
and his contextual advertising
that is uh...
divorces swiss tickets which
target based on the site but it
also might be targeted based on
which parts of the site you
covered over clicked on
uh... which pages he moved to
replace that you collect
a little bit further along at
spectrum we have behavior
advertising excuse me
which is
targeting based on a profile
that's developed over time
it's based on the history of
uh... visiting and and usage of
across the internet
uh... and from that you get
infers interests
uh... in demographics but again
that there there's a lot of
uh... a lot of supposition a
vote but that we're targeting
and what you're getting
and then finally we get
social advertising which is
really targeting based both on
context in attraction at the
also rio information from real
people at the following terribly
put up about their interests
their connections the
other activities
uh... and the social advertising
such that leverages the social
uh... in ways that will secret
for example sort of endorsement
some recommendations by by
and different sites will will
provide you different
demographics for example uh...
linkedin is is far more likely
to be may help it's the only
social network that skews more
heavily male than female
uh... and more likely to be post
grants on my space twice as many
gurimusic include site that's
why i wasn't surprised that
season ends
a mobile networks tend to skew
over fifty five c
you know as an appetizer
uh... you can't you can pick and
a much more closely uh...
them with old world media to get
the add to the right people
something that they really want
i get a lot of driven by social
uh... so if you download an
application lawyer on social
media it's you
score a high school or on a game
that he played a few extra quiz
if you check in your location
through a location based
services like foursquare utility
bills all those things
become at social ads in a way
and get reach we did or rats and
across the network to everybody
in your network
cial advertising n
so social advertising n
promotions a lot of stuff we
talked about the abstract but
display ads targeted ads
obviously we talked with a gun
fan page is a lot of companies
now on face book as you probably
will have a fan page
these incredible things that he
too divided thingy
to create great brand loyalty
uh... people that do the ten
pages of are much more likely
to uh... to make purchases to
recommend brent
uh... you can have uh... if you
can post events and groups
and his people join the groups
or sign up for the events of
those kept
but we did across the network is
well creating more publicity
advertising for you
applications are
uh... a big source of our mind
that advertising
that's the terms of use trip
largely a promotion
uh... advertising and as well
dot around applications
tend to get different data
and richard eight and is widely
becoming more appealing to a lot
of companies a lot of
typically when you when you
advertise in the social network
you don't
you get some analytical data the
approved your advertising too
but you don't actually get the
data for examples on face book
and and that's being served up
on facebook
face book has all the data
they'll just say
will take you read and will send
it to
you know women between a
eighteen thirty four
that are uh... you know
environment conscious and uh...
you know like me
and notes now saying will give
you those and here's the
analytics we gave you had seven
hundred fifty thousand votes
but you as an advertisement get
that data
if you create an application
that runs on the facebook
platform and some of the problem
dummies applications could be as
simple as a quiz
but you know but that kids and
whenever tragic it said these
things all the time you know
what is the top ten then sir
what's you know
those when you signed through to
do that delivers this bizarre
now anyway
there is no uh... check-in page
where you you give your consent
to share certain information
that means that
application that has direct
access certain questions about
the datasets in your facebook
uh... so now they've got direct
access to you
uh... in a way that was
impossible of course obviously
anybody who's wears a privacy
hat one of the little bells are
going off in your head so
uh... but also as a marketer
achieve such a terrific things
losing a lot more applications
i talked about his reviews that
discussion forum
uh... manish social ads uh...
promoted tweets
and so if you know as an example
here let's say
that you can spread even the
applications as well so let's
say uh... you know lawson has
downloaded the online rock paper
scissors kane
and he uh... you know he's he
scores of achievement a-level
that'll get weeded out for the
networks inc lawson has one of
the drug treatments of rock
paper scissors
uh... boarding colossal is
ranked number one among his
friends who played this game and
that sort of thing
and obviously the principal play
the games even streets in a
quick through on the added and
make get exposed to more
advertising a quick to brand
usage uh... through social
networking uh... is uh... is up
thirty percent
uh... you're here
uh... then we've got like button
uh... which a lot has been
written about bad plus one of
the dual equivalent or reach
weeding and this is really where
uh... as a user 've
uh... as a user you've
identified some content where
and you you like it use or give
it the thumbs up
you uh... and by doing that you
distribute it to your friends
so that becomes a kind of
uh... but it also connects you
treated like patton
with that appetizer and the like
button for example worked even
when you're not on facebook
so if you go to a corporate site
for somebody you'd like and your
facebook user and select button
on the site and click that
you adapt connected
true that it's an appetizer
and that advertisers posts
uh... and new content in things
will show up
on your wall
workshop as part of your uh...
your feet within your network
to really almost any on net
do social networking sites
can be turned into an apt
in that way and can be shared
with your user you're using a
and in fact twitter
for those of you
who use twenty p there is a lot
crime scene and a couple times
and it would really
and some people will uh...
chisum self-promotion
as part of their tweets but they
haven't really been s twitter
just announced the fact that
it's going to start running
m some at citicorp ramp up to it
this fall
uh... and they'll be in that
kind of a promoted tweet it will
supposedly targeted at you
you'd be targeted twitter based
on and that you don't give a lot
of information act when there's
a lot of it's going to be back
we follow
and based on that they can make
some suppositions and and maybe
two keyword searches or whatever
and transfer gibson at content
so much that
watch that space
and the and the results
obviously consortium you have a
total commercial can actually be
phenomena what is the one
example prism
but it's a a company called
shoes of crate
that makes sort of custom sorta
high-fashion uh...
women's footwear
made it they hired a team lager
the algae genes are which is
that the deal blogger
uh... to talk about contest they
have the right contest where
state have some online software
and tools when you go on you
design your own shoes
and they want to get the word
out today
they pay this
when she admitted that she was
thirteen blogger
and i've watched this video
uh... and i look at it
but to this so there's this girl
doubles on future that
seventeen maybe sixteen
two battles on for about ten
about all the great things and
here's how you can do it and
blah blah blah blah blah
well thing when five
uh... they had over uh... half a
million visits to their site
single b
and the previous best was i
think seventeen thousand
and that was after have had to
write ups in prominent uh...
old-growth media
i mean they were absolutely
stunned at the success of the
city's fish huge opportunity
there's obvious obviously
there's obvious obviously number of concerns and and
number of concerns and and uh...
and we're gonna
help talked we've talked about
him today
what could possibly go wrong
this is one of my favorites
this is you tell me what noticed
that this from face book
uh... and you can see for those
at the back seat is doing
anita's abusive front you can
see the slides further
uh... you can see i've sent a
hot singles are waiting for you
well there were two problems
with this to happen
one is
peter was that single
and the second it's at the
picture of his wife
uh... and so what did happen
here is this was an ad that was
and it was so that borrowing
all users uh... connections
their friends
pollen random
uh... or maybe not in the pull
out of their uh... but their
a friend that they communicated
with frequently
or had a lot of connection salt
peter being the building has
been there's no doubt is
was talking his wife and so she
came up number one
and get served up in yet
uh... so obviously
here watch what you're doing
and best whole notion these
kinds of promoted
tweets uprooted advertising
are raising huge issues from a
privacy perspective are talking
about the well updated and even
some part of that
misappropriation of personality
and that those could be
a couple of others we've got a
nominee jill occasion issues
are cheap
uh... because you get a precise
indications object location
there's a lot of dramatic misuse
people don't necessarily alum
think about it
falling through
uh... and uh...
if they can get full uh... and
there's their they're people
that uh... loss of the passing
of time in area who have fifteen
so you've gone through this
okay so let's leave it out but i
can trade with the you know what
to do wrong stories as we move
privacy uh... at i think you
know mark the progress uh...
most famously quoted as saying
privacy is cattle uh... but you
know we found a couple of other
groups here
and a lot of in the first one
privacy consumption he's holding
the smoking gun
that's because the unprecedented
information people a share
but i think it healthier view is
can really be managed
can really be managed and i think the distinction here
and i think the distinction here
is between publicity and and
privacy for publicity people do
want to share things you want
people to know about what's
going on
but privacy is really the
control and what control who
gets access to that and what
they can do it
and that's why you've seen uh...
number the disasters that we saw
really uh...
in appeared life to be my neck
a better picture was there but
you really didn't like the fact
that was used in the map for us
singles site
privacy requirements hopefully
uh... number if you are familiar
with of the basics uh...
canadian privacy law that i'm
just gonna which refugees here
some knowledge and consent is at
the heart of canadian privacy
law humor collect use or
personal information
people need to know what you're
doing and they have to have
given you meaningful consent
uh... and i can be difficult to
obtain those consents and social
uh... without
you know having a million
pop-ups and really interrupting
the flow of how things move
and also it's important to take
into account
the the reasonable expectations
of users
uh... that in fact you into
uh... this type of consent
when it's an explicit consent
or whether to be implied consent
the more sets of the information
generally you're looking at an
express consent
they can also attachment to the
level of disclosure that project
would want you to make
about what you're doing subject
with something that's kind of
scary answer would be doomed
uh... by people as of the
you we have a heightened
uh... disclosure obligation also
but there's something to keep in
uh... and their number of
problems through throughout this
this factor so
so far
uh... the couple things to
happen is more detailed
information by the way in your
hands out handouts on on some of
this and it's really a
presentation of the time span so
there's lots to take on cue
uh... so far the uh... ops the
project which of canada
has taken a fairly expensive
view of what personal
information contains
personal information as defined
in the act as information about
an identifiable individual
he's really has not been finally
settled what identifiable means
does it mean identified
i think there was a school of
thought early on that that's
what it meant uh... aunts would
have to contain the name address
or somebody else photograph some
identified made it clear they
about that person
now i think some there's a
growing body of thought and and
some decisions both from courts
in the past commissioner
that it can just be could be
identified identifiable that
data combined with other data
uh... quote
make this identifiable
we'll see what his plans i would
think if you have uh...
date of its own tied to a number
as he has an advertiser and he
really don't know who's behind
that number
in my view that some personal
uh... type situations around the
world tend to disagree
so we've had decisions from the
prosecution visit cookies which
is obviously just a numeric
stranded gobbledygook left on
your computer
can be uh... personal
and i i p address just the
numeric acpi address
can be uh... personal
uh... unsold for online tracking
behavioral data obviously raises
huge concerns
the and there's some
the and there's some sources here about some of these
sources here about some of these
decisions uh... one of the
things i point out to you is
uh... gordon case which is in
your note and it basically says
with a serious possibility that
an individual could be
identified through the use of
that information alone
introduction with other
that's going to be seen as
personal information
uh... so faithful decision
ships decision out of touch
commissioner's office here so
uh... itself whenever they
couldn't continue to do this
particular given how
how much that medium is changing
i mean face book is quite a
different service now
that had probably five different
iterations change privacy
controls and feature sets the
this is a hundred thirteen pages
uh... so
the couple notable things here
first of all
they did note that advertising
was a legitimate primary purpose
for the collection out personal
in a lot of instances they look
at advertising promotions as
secondary used
the for businesses that will
tell you something if you
celebrate yet
and use the information about
your customer to advertise to
that was due to secondary at
your main business with
something which is
and uh... environment like face
which is an advertiser supported
importantly sick
deprives commission recognize
that you know that is primary
you such a primary collection of
cuz they would have run
if you can have advertise
that senate
she didn't take the same view
with all types of advertising
so she found social that's to be
more intrusive
and acquire uh... enhanced
explanation to users and
it's changed since then so
you'll notice now
uh... on face book that there
are a lot more opt outs
there are a lot more little
pop-up windows get explicit
uh... but that's the that's kind
of the state of things that part
of the problem is
uh... the approach to privacy
and social networks
is changing virtually in real
i can tell you putting this
uh... presentation together
putrid three major developments
last week
uh... elaborate n they eat they
all look uh... all kinds
christians or communication of
the what's happening at the
so what's happening in the u_s_
sp you know
to avoid uh... european style
privacy regulation
europeans very stringent
uh... privacy standard and have
assumed that a lot of what goes
on in social media is private
information needs to be
protected meets consent
i don't think about security
and because it's very ran
and uh... because it's very ran
five minutes obnoxious
security obviously because
there's so much which date in
it's a magnet
for uh... identity theft
so be conscious of that and and
know that you're going to be
subject to the tax
and protect whatever data that
you have
uh... uh... with that
realization you can also avoid
uh... being as much of the chart
if it's not as personalized with
more information stored offline
this really what what they want
to organized crime
they won't access to data set
that will allow them to
incarcerate people get access to
uh... of that sort of thing
built up from illnesses their
privacy concerns with child
affects the people are very
concerned about online privacy
there's a survey that just came
out of uh... bisa commissioner's
office uh...
ninety percent of people
uh... request too much
information they'll keep it
cell towers and use of
uh... if you wanna keep your
customers happy
uh... special rules for children
currently specials we don't have
the canada
trial uh...
on my children's online privacy
protection act like you do in
the u_s_ where if you're under
thirteen unique rental concerts
to collect information
uh... the key that does have the
uh... uh... uh... knowledge and
and uh... the thinking is that
witch hunt with child
and a meaningful consent you
have to be absolutely clear
child has to be able to
what two consenting to what you
do what they did and how it's
gonna work
there was a eight c materials
there was a
uh... a proposed amendment
today privacy uh... legislation
that would make that needed that
uh... papa roxie uh...
appropriations corporation
i want to have a lot about this
year but just know that this is
an issue
what you're doing this kind of
accident showed you and you're
using somebody's likeness
and there
endorsement of product
this is a barrier developing
locked up in the u_s_ number
class actions by other people
said you can't use my name
as endorsement without my
a lot of that's going to come
down to the terms of the
agreements people sign uh...
when the uh...
the download an application to
sign onto a social network site
focus on c_ span of three
minutes requests uh... there's a
whole presentation on spam in
your materials but the the main
things that i think about here
are spam is an optimum tourtelot
legislation generally requires a
positive opt-in consent if you
can send anyone an electronic
commercial electronic message
a it can be very broad it could
it can be very broad it could
'em includes
flip through here
uh... bizarre bunch of
definitions here found but it
could include all kinds of
social networking communications
it's not just emailed so it
could include
instant messaging it could
uh... instant messaging it could
could include social media
it concluded that short message
service on tax which is
increasingly beginning fused
into social networking
uh... so
there are a lot of issues here
what's the difference that's
constitutes a commercial
electronic message within the
social network space there to
such a drug regulations that are
are currently being discussed
uh... allot of submissions are
saying you know he should
aba an exception for social
media network 'cause people sign
on to the networks knowing
what's gonna happen
when they're gonna get
communications from ten pages
knowing they're gonna get
recommendations from friends
they've already given the type
of consent and and they should
be exempted from the legislation
we'll see where that
where that goes
there's also a real issue with
forward to a friend
uh... and that's uh... as you
know a lot of sites have been a
and application where you you
like something and then they'll
be an invitation you don't send
sent so it's uh... friend uh...
you know by e-mail whatever
a copy of this and let them know
that this great deal of whatever
must be very effective
issuance if u
i've seen it inducing or
uh... the person to to do that
forwarding and they end up or
did someone
with whom they don't have the
requisite consent under the spam
you could also be liable
uh... so thats that's a real
uh... issue that's a being
active in uh... in a lot of
submissions on the draft
regulations there's ways to
protect yourself
i'm gonna go to the really
so at best prices obviously
trust anybody in social
trust anybody in social network space
network space
review all your agreements with
your advertisers with the social
networks with uh... out
uh... and think about these
issues like about privacy
ticularly xl expectations of
your subscribers and where this
might come back to bite you
uh... vicariously or otherwise
uh... stay on top of the la
cienega molitor national on
assume the worst
i think we've seen this number
of course tourism might have
some as well around testing test
again when you're running your
ads you don't have somebody's
wife show up uh... may have
uh... be transparent
transparency is probably the
number one
uh... requirement uh... for
privacy in in many states but in
particular and social media
make sure you have good consent
uh... bit expresses always
prefer to get expressed consent
if it's officially clear hang
onto that consent decree to
prove it
uh... if it ever comes down to
uh... uh...
uh... to it
one of the things in terms of
um... spam
just to skip ahead to the last
p of the things that i will
p one of the things that i will
uh... underlined and i mention
the porch were friends
uh... issue and one of the
things i would recommend that
you do there is that you're on
the over to a friend program
when so many clicks the box that
they want to do that for the
engine address
have some kind of language there
you know warning them you know
that's only send it to someone
that with whom they thought that
you know a personal relationship
uh... but or some language to
indicate that they need to do it
on their back that they need to
be careful and you will not
endorsed them spamming anyone
applica budget at least with
some level of protection and and
rip up the presumption that you
might be encouraging
uh... summit of the staff
saucer touches from over my time
a bit of a the history of the
world and version that was never
my strong suit to be very
uh... if anybody had any
follow-up questions either
immediately after the session
or by email after that's and i
thank you jeff
right now
both and stayed very much uh...
especially for setting the scene
uh... some of your background on
social media or something
helpful in terms of
uh... signi bit of time but also
uh... particular and a little
bit too
i'll try to keep this quite
short of interesting uh...
that's la easy when you're just
talking about the rules relating
to the
setting up contests
uh... so i will keep it
interesting identity logo if i
really know where being filmed
today but uh...
at his alone chance of that
happening uh... lawson a few
days ago said to me you know my
christine up quite a bit of
interest in the session and why
do you think that is
i think there's probably a few
reasons for that
this is an overview of what i'm
gonna go over the first two
uh... since peter through to
this issue of why this why this
seems to be interesting alliance
uh... now more of a hot topic i
before i even get their it's
obvious that social media become
very important and i were all
struggling to understand exactly
what it means but i think it's
but at least our experience to
date with clients has been that
uh... social media really
highlights tensions between
i can highlight the tensions
between marketing objectives and
legal objectives
what these are marketers see
when they or what is their
experience been with social
it's it hits all that it if it's
all the buttons it's it's new
it in gauging
we're going to connect with
audiences they're gonna tell us
about the products they're
they're gonna shape their own
this michael viral we're going
to create a lot of buzz
so it's appealing on a whole lot
of different levels from a
marketing perspective
and and one of the angles audit
of course that doesn't even feel
like marketing in some sense in
your friends are for infants
people are uh...
less likely to think it's
yet the traditional marketing
where they're being told to buy
the first reaction is
sort of black what it what is it
what are we doing
and then on this doesn't sound
very good at all uh... excited
uncontrolled there's no real
uh... thereby key issues there
could be privacy issues
there's setting aside legal
issues are in fact i'll get into
this a little bit
uh... we have as much we we see
as much d_p_s_ you being
for the p_r_ side of things as
it is the heart and ego analysis
there's not a lot of case law on
this in canada
uh... we spend on misleading
advertising perspective
uh... and if you try to figure
out what the supreme court said
about such-and-such a practice
you're not likely to get very
far so you really can't often is
bring in a sort of practical
what's gone wrong in the past
and how could this one goes
sideways uh... so
you know in short marketers
years that they have this search
will box of of of marketing
was seen as a sort of a bit of a
toolbox of potential liability
in terms of
uh... the things that might go
uh... dates for lawyers we don't
like things that they we don't
understand the deal we can't
control and that's sorry what
social media is at least for the
time being
but let me know the truth of
course is somewhere in between
and in fact obviously is as
david's pointed out especially
if things go fire on a positive
there's great opportunities
at the same time they're there
clearly rested its that very
thing that makes that uh...
powerful useful
this ability to
had hundreds of thousands or
more people really quickly
that can also be uh... the bad
thing about it or if he does not
implemented properly
uh... it said that that forces
turned against you
so in short these consul for
media contests and promotions
can be
very successful
uh... but they can also
backfired in the worst case the
they do the opposite of what it
is that bought into that
the second
reason why i think it is
uh... an interesting topic for
people is that there's a bit of
a misconception that there's no
rules at all in relational legal
rules at all in relation to
social media
i think it's true at least
admin misleading advertising
side of things that there's no
new specific rules coming from
uh... the governmental
regulators uh...
in terms of amending statutes
and regulations
from a misleading advertising
but you have to keep in mind
that that's
that's pretty much par for the
course the advertising world
they don't changed statutes and
the rules every time there's a
new development
the internet obviously came
along and really there is very
little by way of uh... specific
amendments or anything along
those lines so
i think the i did the general
idea of course the the the the
main prohibition in canada on
this false or misleading
is contained in the competition
uh... and that just highly
generic broad-based can apply to
any number of industries means
different things in different
and so i don't think it's
necessarily a bad thing about at
uh... for federal and provincial
governments are coming up with a
whole lot
about with misleading
advertising rules
probably they couldn't keep up
with the changes and could they
could in fact the
the sort of a negative thing
wrapped in a positive thing
and on top of that increasingly
it's the it's the websites of
the social media platforms
batter generating their own
rules are their own guidelines
of practices for doing these
things and so that we have a bit
of a ship from
the bar talked down sort of
heavy-handed regulation two
a bit more fluid dynamic
changing regulation where
we know that there that we
obviously know the rules in the
competition act in the criminal
code and and and and the
standard stuff
but increasingly you know the co
clients are traveling with that
that sold we all know how that
uh... instead it's
but but what about these rules
for the social media platform
that that's were more of the
interest has been
just briefly in terms of
thinking through the sort of
sources of a lot of the the
places where
the relevant rules exist
in relation to contest that
traditional sort of bread and
butter statutes other criminal
code for
the bit of a historical artifact
in terms of why that relates
that to contest
then there's the competition act
which contains fairly detailed
and then you get
other uh...
other areas uh... back
depending on the contest mayor
are depending on your business
may or may not know about that
there could be perfect
prevention consumer protection
advertising standards canada
will hear from janet in a in a
few minutes
that their role
became marketing association
have been struggling with with
some of these issues they're
their moving towards his ideas
and epochal advertising that's
not sort of force of law
uh... but it's out there to then
he might have an industry body
given by the the the nature of
the business your companies
involved in industry body could
be a government agency
or it could be more of a herself
regulating association
designation the websites now the
social media websites have rules
more more harley-davidson adding
do these contest a lot of the
issues now
are not center has traditionally
abhi centered around competition
act in criminal code ensuring
with those statutes and i was a
relatively straightforward
implements the contest and and
and and that was not
increasingly now it's more of
the privacy
personal information side of
things because
we we see that you know we'd
look at these contacts and we
say why twice quiet doing this
and almost always it's they want
to gather information about
people uh... for for future
marketing purposes
uh... which really puts an
emphasis on the privacy side of
uh... to algis john briefly into
the criminal code in the
competition that they will spend
much time on that because that's
for the most part the
stuff that's been there for a
long time no i'll then there's a
little bit into the social media
before i do that
it was an as yet the question
has there been misleading
advertising case
brought by say the competition
here in canada
relating to social media
but our knowledge the answer so
far is no
they have been active obviously
in recent weeks and months i
think two weeks ago it was this
nydia case they've brought than
body the facts lynne products
earlier in the suburbs think to
you know the media really took
note of their there um...
actions against both balan
uh... so they're very active in
this leading advertising there's
no question about that
they're also very strategic sell
on the one hand i could see them
taking a social media case
because it's new and interesting
at the same time i'm not certain
uh... will happen in the
uh... that will happen in the
fact that they probably their
focus for their one of their
films is currently is is green
claims environmental advertising
uh... and they haven't they
don't really have uh... and pat
a strong to dream case they
process i would think that maybe
that's their next
strategic thing that they might
do social media they might save
until it's a bit more developed
in terms of what the issues are
and it's been the privacy
commissioner has really been
duped dealing with people like
face book and google so it might
not be the competition bureau
but you never know
uh... subtest algo quake quickly
through this in fact there's
just because of serving up
content in the slides with
perhaps a bit too much tax level
reviewed all the the next couple
slides sent out
the key roles in the competition
act and then also in the
criminal code
affectively there's a couple
different provisions but
that the name one he contests
are subject to false or
misleading advertising roles
their specific rules of at house
the relevant facts are to be
disclosed in terms of what
information should it could be
readily available to people who
are going to add to the contest
so you're perhaps nowhere is
and then there's a few other
related provisions including
false notice of winning a prize
what scott known as testimonial
advertising which historically
it's always been an issue but
we just have seen a television
not as much turns on
is it an actor or did the person
actually you use the product
mean that can raise an issue
uh... whereas the social media
you have more of this referral
what they will be interesting to
see how the the competition
dramatic private apply the
testimonial rules to suggest
uh... you know if fact this is a
it's not religious people arts
there's a referral going on here
and that has to be disclosed
people but we haven't really
seen that with the bureau
uh... that he'll have specific
guidelines on promotional
contest they were updated in two
thousand nine
one of the things they did was
clarify uh... disclosure
requirements which
in practice is a bit all over
the map new net the best
used to have
in any form of advertising some
form of short form rules basic
rules about it
uh... setting out yet how many
prizes there i had the value the
likelihood of winning when the
contest is going to close that
sort of thing
uh... that's that's partly
what's on those uh... in in the
the bureau also has uh...
uh... touch on that and then at
the bureau also s
guidelines in relation
advertising on the internet
which are now quite old
they contain similar uh...
clarifications in terms of
making disclosures
easily available so sink one
click away
from the banning promotional
again not gonna spend much time
on the criminal code this is
because contest historically to
fit within this illegal either
he's provisional i_t_t_ gambling
provisions of the criminal code
uh... the tutsi requirements
that always emerge our
uh... no for taipei no purchase
necessary method of entry
and of course that they somewhat
surely requirement of the of an
element of skill which you see
satisfied usually pretty easily
via a mathematical question
uh... finally before just
jumping into the online stuff
as you well know has these very
specific rules uh... and
relating to contest
uh... they they're not
when you step back to actually
up that burden some of their
burdensome enough that it causes
people to say in many cases do
we really want to do this or
maybe it's too late we have had
notified them yet we want to
watch the contest moral
uh... we haven't yet that will
have to translate things that's
terrific so it just depends and
sometimes you you can obviously
have a significant
but important piece of your
target marketing back
uh... and you want to reach them
i find increasingly deal rules
are under the strain in the in
the social media world of this
is a very
prescriptive you you must
address the there might be a
security deposit
at there's a change to the rules
have to tell us
i think increasingly that model
it's it's difficult to manage
uh... given how fluid and and
and active these contests are
but they're still rules
jumping into
jumping into online contests and i think i've
online contests and i think i've
most of this
again the idea
what we're seeing what these
online contest is the idea is
driving sister websites in
obtaining information about them
uh... and but there are
are special considerations that
are at play online contest in
social media contests
most of them drive off of the
fact that
often you're losing a lot of
control our business development
of apps there could be the
silence of the chaos to what's
gonna happen
once once the contest gets
and historically that really
didn't exist
i'll just in the interest of
time uh...
jumpsuits couple things quickly
uh... said back up one
sony we had when we're drafting
rules were also thinking about
these types of issues and
increasingly that standard set
of rules you'll see will address
these types of things dot
you have to be clear on the
identity of the entrance
that sometimes you get
it's personal it's now almost
accepted that internet service
please don't count is requiring
a purchase
uh... corruption or security
issues are important
professional entrants can have
greater scope to abuse online
contest social media contests
fraudulently voting on the where
it could be entering his there's
infinite ways that this can
and you've definitely water is
there for yourself flexibility
in the rules are discretion
to deal with situations that
might arise
and unita diverting increasingly
needs of the vote
i don't see a ton of resources
but some resources to the
ongoing management or moderation
of the contest
so again in the past that it
really just upset about that
looks like that the end of the
you have to say well
there's gonna be entries people
understanding videos are going
to be sending photos
and we're gonna need to manage
that process by tactic
uh... so that's that's not so
much in the rules of the contest
but it is important in terms of
i won't i'd get into all the
details you have this in the
each of the various at least
most of the various social media
sites now have their own
you may call the policies were
guidelines uh... uh... for
social media
faced up to pass those prominent
that's where we're seeing a lot
of people running contest they
have their guidelines in
practice there not overly
complicated but it is an extract
hurdle earn extra
uh... thing to think about
at youtube it
similarly has some rules
and at twitter goes to
then you can begin review those
and your materials and certainly
ask questions if you have any
ballot if this is the just about
it before jumping to just a
couple examples of how things
can go wrong
user generated content tends to
be area where the problems can
most usually arrives
uh... this ties in to the point
is making earlier about
this is where you can lose
uh... the rules should provide
an epitaph iniquitous specific
wait for how you're going to
wickizer generated content uh...
and that the
that effectively said the
disclaimers you're getting from
the entrance in relation to what
they're submitting
goodness again ties and the
point made earlier that devoting
for the ongoing management of
the product of the of the
contest he definitely wants
their own
comprehensive rules back
you you won't be able to address
any situation on the best of all
bs once and then the discussion
available to deal with the with
the things that you just can't
uh... energy prepared to devote
some resources to that
to too
uh... filtering are dealing with
the entries
often with what we're seeing
sometimes companies want to do
this on its own website and feel
so they have more control over
that inviolate
uh... so they can remove things
were easily
they think they can in fact
increasingly we're seeing people
while reading a post-it until ur
satisfied with what it is
so i'll just jump into a couple
of samples of of social media
gone wrong
in uganda review
uh... in uganda uh... review
these at your leisure and some
other earthquake you rest most
of them to the stand for the
proposition of not
they they can create a specific
legal action in terms of
violating the statue
instead what they did was they
that sort of this unintended
consequence that undermine
berard affectively undid the
potential benefits
the bolsa example as one where
the that there is quite popular
incensed that it was generating
a lot of interest but you were
effectively getting
university students and get some
of those people could be under
talking about why this was the
best parties coincident exploits
and that's a good thing that
there's quite a backlash arising
from that
the next one is that example
gene and cell
this can happen where people
you not like your company for
one reason or another and they
could in fact editor in the
context on its head here
these use it generated entries
for g_m_ at cv
where you've contradicted
whatever the opposite of what
g_m_ wanted at how that their
and and and and that case that
the uh...
the contest was abandoned
so that that speaks to this
issue of controlling the
situation is much as possible in
terms of picking what you want
to have on your website
in the u_s_ uh...
quiznos ran a contest
tell us why are subdivided and
subway subs
predictably i think this week
raised various issues in terms
of subway psyche and their
rights over their product
industry advertising about
surfing the case was settled
that it was interesting because
it wasn't just
it was it was that quiznos was
responsible for this trip having
generated all has materials
quiznos couldn just totally
distanced itself and say well i
think that you know someone else
uh... and then just a vehicle
last one
uh... this speech to the the
proposition of
you have to think carefully
about the demand that something
might generate uh...
being overwhelmed to be a good
but being overwhelmed in some
cases can be a bad thing so this
is the u_s_
restaurant chain
uh... through face book during a
promotion people can get a free
because hamburger or something
but that's very easy to do and
so the old in the old non social
media world
they might have had no issue
needing that kind of mad
online to make that happen
really fast and then they find
themselves having to back down
to the just cat
uh... do what they said they
would do it more
so i think there's a few
examples you can see that in the
interest of time
uh... articles
call it a day there right
and of
expectantly thank you
you've got to go in
and him
okay you've heard about the law
and they talked today about the
self-regulatory uh... coded
rules that apply to advertising
in general and social media
and let's talk a little bit
about uh... tell you what
consumers are telling us
at the first uh... let me take a
couple minutes to talk about and
advertised in its canada for
those of you who don't know was
we are at the uh... national
self-regulatory not for profit
industry body
committed to community creating
community confidence in
we were established by the
advertising industry in nineteen
seven uh... because he industry
wants to demonstrate to the
public and government that it
could self-regulate and we have
hardcover members include
advertisers agencies media
companies and suppliers to the
advertising industries such as
law firms
we have to keep punches one
uh... that of my uh...
responsibility is to administer
detaining code of advertising
standards principal instruments
and the consumer complaint
uh... as a function a c is
the pre and card services for
broadcast advertising in five
regulate areas
uh... broadcast advertising for
alcohol out there
that which is
until this advertising cosmetics
and consumer drug advertising
i'm good start with uh...
some research we ask consumers
of what they had thought about
advertising we casey regularly
uh... conducts
public service advertising to
make the public aware that there
is a code
complaints process and that the
industry supports the card
so prior to 'em developing
r_p_s_ things we did some
research with consumers in
twenty ten
and i thought i would share
sum up this with you
we asked uh...
we asked them what should sell
advertising is answer to the
uh... consumers are crippled
truthful advertising is accurate
doesn't exaggerate uh... key
details are not hidden and it's
good it's clear
um... what's important to them
about and why it's important
because it builds trust in
advertising hand product
uh... they don't waste of time
it painted kings their loyalty
besides missus
and truthful advertising we also
what acceptable advertising heed
to that
and they told us that that means
that advertising's not offensive
or demean
meaning or discriminatory it
does not promote excessive
violence dozen is manipulative
and is appropriately place
advertising regulation is not
exactly top of mind with
consumers but when they do you
think about it
uh... they say that should be
done by an independent
about the band of the government
or industry
uh... they find advertising is
unacceptable wins misleading or
unclear doesn't present all the
and consumers say it is very
important to them
have rules in place
and most and believe that there
are someplace
so with this knowledge we
created our addressing it up
doesn't make a true truth in
advertising matters campaign
uh... which hopefully you you've
all seen somewhere it's in print
out of home
tv radio on the internet
not social media yet but maybe
the next time we do our
g_s_a_ campaign re well
uh... it's our most successful
campaign to date and i i think
that fits or generous support of
are up our media
harkness such donated the space
consumers tell us from our
research that it's important to
have rules in place uh... that's
why we're here and that's why
uh... the canadian code excess
and the consumer complaint perks
spent a little bit time on the
on the code itself you can see
that gives very broad coverage
is fourteen causes
and it goes beyond uh... just
misleading advertising
misleading advertising
the provisions are are number one
provisions are are number one
activesync clarity and caused
three price claims and
uh... if you look at the cost
themselves they near the
competition a bureaucrat
competition that provisions
but the couple that they can see
that that also deals with issues
such as safety unacceptable
depictions of court trails
called his first developed in
nineteen sixty three
of course that was not such a
thing as the internet or social
but it really is as uh... indian
neutral and as per the previous
speakers with saying that
the old rules apply
you know the can apply to social
media justice did you apply it
to the traditional in here
and its first poem is concerned
as long as and and no matter
where it appears
is directed to canadians in his
uh... controlled by the
then dekhti we can't be a sikh
except complaints about that
and i'll give you some examples
of those little later
there are few exceptions we
cannot accept the plane's code
does not apply it to packaging
uh... labeling
and that's important media or
political advertising for which
i am eternally grateful
yeah out of the cult is also
committed by interpretation
uh... number one is adv director
councils to or the independent
bodies that judicata complains
that directs
them and they seem to take into
elements such as you were in
fencing we're considering uh...
whether there's a violation of
the card
we also for those of you who
work in these
specific areas there is a
guideline dealing with the do's
and don'ts for advertising to
children uh... and we have a
uh... what an environmental
claims game
and and
uh... depictions uh... uh... and
driving a motor vehicle
advertised in the these of
course would apply it to
advertising traditional media
internet and socially
so let's move on to the um...
consumer complaints and what
we're hearing last year we at
received twelve hundred
complaints on that would
be under all cold causes
eighty four of those work upheld
over one-third volves
over one-third involves
allegations of misleading
advertising and when i of were
first start with b_s_e_
over ten years ago now most of
the companies that were upheld
dealt with our cause fourteen
unacceptable depictions of
pepper trips but over the last
twenty five years
uh... it'll economic downturn
and economy
and we're getting more
and more complete repair hope
uh... under misleading
advertising tradition
and you can see that in this
track and
unstable it shows uh... under
cost fourteen
unacceptable pictures we still
get more complaints then any
other cause
but only eleven ads were found
to violate that clause
uh... as opposed to cause one
where forty four ads
that were found to right
violate cost one
and and the reason for that but
we get we don't oppose many
under cost fourteen is because
the skulls set standards for
acceptable advertising it
doesn't set the standards for
the kind of society that some
consumers would like to see if
the kinder gentler more polite
our top at categories retail
advertising attracts the most
uh... complaints co-op followed
closely by service
and you'll see abt and number
three in terms of the media
internet advertising but we had
outcome identity three
complaints and that would
complaints about social media
ads and so sneaky and we are
starting to get complaints about
ads social media nobody give
ads and social media nobody give
you a few examples
these consumer concerns concerns
have been
details of an offer not disclose
pragmatic saleable
unqualified in unsubstantiated
uh... applied to uh... date
ads and special need yet but i
didn't get you to examples this
but this year it two thousand
uh... councils have poultry
at an
about cats and social media and
the first in involved uh...
the attitude
the daily deal type
coupon as that are getting very
popular these days
uh... there was a coupon at
social media site for a steak
and lobster dinner in toronto
for eleven dollars
uh... the complainant wrote to
us and said that uh...
we saw the at this this discount
was not available and the
advertiser told us that
that the steak and lobster
discount may not have been
available on the gate at the
consumer side of the at but that
would likely be one sometime in
the near future
but yourself council consider
this adn the responses
because the advertiser cannot
provide any insurance
that the deal existed at the
time the consumer saw the ad
uh... council found at the at
was uh... misleading
and misrepresented the consumers
are protected by the product
we also ahead a uh... uh...
complained about and ask for
attending salon uh... taxes on
face book
and the advertising claiming he
had that
ten women have longer lives
uh... they stage vision
when we asked uh... under
approaches we ask for the
advertisers comments and big
provided at newspaper articles
but counsel did not feel that
there was bought by
uh... provide
for that claims that was found
to mislead be misleading
we also are hearing patent apart
from misleading print consumers
concerns about inappropriate
unsafe driving an automobile
commercials and adds that jimmy
enough uh... groups for depict
violence for bowling but so far
we have not had to
adjudicate complaints in the
social media world
uh... on those guys
those issues
okay as you've heard
the impact of social meeting
social needed to be so powerful
now and
the consequences as at you
heard from advance presentation
at the consequences can be very
severe for appetizers
uh... consumer expectations are
that uh... advertisers will be
at accountable
and you know campaigns can uh...
come down and disappear very
through uh... concerted direct
action through social media and
i'm gonna give you two very
recent examples
um... emea read about this one
this summer
this is an ad campaign protest
where three non aboriginal men
were supposed to be exco
were supposed to be exco warriors to protect the purity
warriors to protect the purity
of s cool water against those
who commit x of watering down
uh... there was
the other often travel com
council along with and mohawk
citizen journalist
uh... did not and a finding as
to be etc humorist and took to
social media
to call for a boycott of the
product and within
i'm very short period of time
the you know the
cup this ad campaign was
withdrawn n the company
apologized and face book so
these are the kinds of things
can happen
another even more recent example
it attracted a lot of media
uh... and the power of face book
this adamson a smaller care
salon affluent hair salon get
edmund ticket is on their
facebook site
uh... women's groups uh... out
west acclaimed about the
postings glorified domestic
uh... you see able you're one of
the black eye looks like a man
is the holding a_t_m_
a necklace
and the uh... the headline is
look good in all you do
and the owners of this long was
shocked at their reactions that
was not her intention to condone
domestic violence that rather to
to start conversation about the
strength of women in typical
provoke it's did and this
controversy over this at this at
in face book ab
uh... garnered international
attention i'd myself but if you
media close look at whether
there'd be an issue under the
stories not finished yet but i
don't know if this and has been
removed or still out
the salon has been vandalized
it spray painted with paint
paint and the words
that was violence named art and
the police are investigating so
this is the power of
uh... social media when
consumers either
don't like something
now that might be an extreme
example and hopefully no one
would be in that position
but uh... hit a few things to
keep in mind don't assume there
are no rules
consider uh... and of course
consider the competition act and
at all the other laws that apply
but also consider whether
and the key code of advertising
standards applies and it's like
if the message is controlled by
the advertiser commute catered
to canadians
uh... with the intent to
influence their choice
uh... then the code doesn't pop
cell for example easy generated
uh... once it's on your site if
it's under the advertisers
control uh... and do you know
there is an issue band that he
would be expected to to take it
down if we got a complaint abit
so there are rules
also special consideration of
at that
fish with a slight special
consideration uh... pay
attention in if you are
advertising to children or uh...
are minors online and social
media we have a specific cost
uh... dealing with advertising
and two children can't exploit
their credulity and the special
uh... interpretation guideline
dealing with what can you can't
be done in advertising to
feel free to have a look at that
at that
doesn't for me
thank you
agreements gendered uh... just
one person or your
uh... stand after what is your
relationship with the
competition bureau home how do
wizard double jeopardy here
along with it
you with the
as parents that add people can
certainly complains of both if
if we know that they have
complained to the competition
gaelic and that the competition
is looking at it
and investigating ben we would
not that proceed with the
complaint and that would be the
same if uh... for example there
was a complaints committed to
um... health canada for a breach
of the food drug ca
after something like that
uh... and uh... we have a few
minutes requests and so the
it's from the floor
one of the i'd ask you a
question david so you talked a
lot about uh... dangers of
privacy but but
chief despondency mission or
really have here
uh... face book obviously this
issue's decision but
buddies of moral suasion
penalties a just uh...
uh... what's uh... what's the
real cost
if you run into trouble bugsy
or acting
i think that uh... if we'll
uh... uh...
the realistic
uh... is is really the the power
of public shame
that's really uh... refutation
of the image uh... and uh...
sort of naming names and i mean
the facebook
decision for example
uh... there's a huge mandated
uh... but the price commissioner
doesn't have any direct t_v_
uh... at least uh... federal
it's more ombudsman model
uh... and what can happen is if
there's been a complaint that's
been decided by the privacy
back and then be brought before
a federal court kana
uh... and sort of department
denoble basis and then the court
in order in charge of relief or
or in some cases award damages
it's if they feel that there
have been real insubstantiated
begitu everyone here that the
question was busy as you know
enforcement powers and what
the cases of
would have found it was a if it
is a
depression night and should go
with my presentation but and the
power and of the code used to
ascii advertise it should
withdraw or amend the
advertising in question
and and xti advertiser fails to
do that invented that is a rare
case but if that happens uh...
we have the ability to uh...
publicized the around
the case in the fact is
but as i said it's very rare
all right
at m
selected the
the question is is uh... other
jurisdictional question
people use social media with yes
maybe originated outside the
country that come to your own
internet amina
uh... who how you get your hands
off i guess
uh... expects
there's you jurisdictional
issues uh...
and so for example if you look
at uh... nino canada if you are
uh... you know a american
uh... that uh... you know has a
social media presence in canada
and for your collecting and
using disclosing information
about a canadian
the canadian privacy law applies
uh... if you are sending dumb a
commercial iconic messages the
canadian anti spam on applies
at the same thing happens
everywhere so i think
particularly in those cases
for example were seen content
sort of leveling between all the
jurisdictions because if you're
a major organization then you're
operating in a bunch of
areas of the world uh... becomes
unwieldy if you have sort of
separate operating procedures
and closed systems which of
those countries
uh... which is why
uh... there's so much attention
paid to what's going on in
europe and what's going on in
the u_s_
trying to find some kind of
level ground between but it's
it's a factual question since
you show mindtree
uh... i just got back from a
fraud contest perspective it's a
little bit more
manageable i would say you can't
typically just justice specified
the group of people to whom the
contest is open so you can sell
candidate might say canada
excluding back
uh... you can't guarantee that
people from elsewhere long
uh... but there's a bit more
obvious way of dealing with them
that then and when you go beyond
context of contests
any other questions
that steps
yes of cell at has practiced
the people you the question that
if okay
another question related to
explicit access to a contest
rules passive how easy should
that be a how difficult could
that be and also uh... frank for
much of a personal information
perspective how far
along the road you have to go
uh... in terms of getting
information venture kant so
infrared from the perspective of
disclosure of the rules
best practices but the bureau do
its not to say this is always
but we went we would certainly
recommend at least for the short
form rules be readily available
connected to any or about
because it's not it's
traditional media
and a printout you have
relatively small tax any of the
short for roles online
it can't be there be a pop-up
that when the medicare uh... me
you put the cursor over the tax
the route that the short run
rules apply
summers one click away
beyond that we would have to get
bit nervous about that to say
well that's you now asking
people to do more may not be
obvious how they got out they
may not be able to see the
but we would
the on your other point about
how far do you have to go
before you see the full rules
nor how much information do you
have to give
again best practice would be
before you're submitting unity
clicking center clicking submit
you're able to have full access
to the rules to see exactly how
it all works
the i'm david mccullough
with respect to the the other
party question which i got it
was a bit the they wanted access
to your facebook profile before
you can even see the girls
i think that's problematic for
the privacy of our for for a
couple of reasons
and one being uh... one of the
principles that until like the
actors you only collect
information which you required
it's reasonably required for the
they don't need to know who you
are they don't need to know
anything about you free just to
see the rules
when you actually entered the
contest is another thing that
may be obviously information at
the request of one i think it
falls down that principle to
it's uh...
you have to consent
for facebook to then send that
information over-ruled from
those make that available to the
uh... the contest provided
another principle in privacy
lies you can't require
some into consents to collection
use of disclosure personal
unless it's it's required for
the specific purpose reasonably
required for the specific
purpose again
you don't need that information
just view the rules i would
think in terms of the designer
that consent you really come
the dealing with the rules and
and the rule should be available
to to anyone who just wants that
kind of browsing before they
any other questions
uh... if not i thank you very
much for coming notes on the
breaks all morning and uh...
remember of
uh... by the way home often if
o days hook
principality of as they say will
be uh... you know you at the
version of these materials
uh... hope you can feel cuba in
which the forms and uh... we
hope to see the future thank you
very much

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The tools to connect with customers and empower them to act as brand ambassadors are at your fingertips, and more cost-effective than ever. However, in this Web 2.0 world there exists a minefield of legal risks that firms must navigate. What steps can you take to help ensure that your social media marketing campaigns reach your audience while avoiding liability?

Hear from legal and industry experts as they answer this question through an exploration of the following topics:

Privacy requirements

Anti-spam marketing practices on social media communications, including social media contests

Effectively managing contests and promotions

Examples of social media advertising gone wrong

Marketplace trends from Advertising Standards Canada

Lawson Hunter, Q.C., Head of Competition/Antitrust Group, Stikeman Elliott LLP
David Elder, Counsel, Stikeman Elliott LLP
Michael Kilby, Associate, Stikeman Elliott LLP
Janet Feasby, Vice President, Advertising Standards Canada