Global Media and Communications Quarterly: Focus on Social Media
05 July 2013GMC Quarterly
This issue of our Global Media and Communications Quarterly focuses on the business, legal and regulatory trends on the use of social media across various firms and industries as a tool to reach customers and keep in touch.
A recent study by McKinsey & Co found that 39% of customers surveyed used social media as their primary digital tool to reach consumers and that number is expected to rise over the next four years. Although it may also come with some risks concerning the unauthorised use of copyrighted content.
Topics in this newsletter include:
- USA: Tweeting corporate communications
A study conducted by the USA also reports its finding, that as a result of the use of Twitter, Facebook and corporate blogging, Fortune 500 companies increased their brand business and awareness and customer engagement. Using a case study to highlight the key issues, this article advises on security laws and regulation which are essential in social media campaign management.
- Hong Kong: Use of Social Media Networks by Listed Companies or Companies dealing in Securities
An article on the use of social media networks in Hong Kong. Despite the change in the ways companies promote their brand, social media may expose them to liabilities under securities laws in Hong Kong. Guidelines specified by the Securities & Futures Commission ("SFC") are detailed for marketing and advertising materials.
- UK: Beware of advertorials
Companies are advised to be aware that the sensitivity of their communications must be adapted accordingly to prevent unfair or misleading marketing messages. This article explores the use of social media in contrast to traditional advertorials which should follow the Advertising Standards Authority rules to make products and/or services clearly identifiable.
- USA: FTC mobile payments report will impact social media-based offerings
The use of mobile payments raises questions around data privacy, security practices and terms and conditions of service to ensure consistency in evolving practices. Although merchants stand to benefit from the lower transaction costs, they should have appropriate security measures in place to protect consumers.
- Global: Defamation and social media
This article on defamation refers to two high profile cases which question the meaning of 'publisher' in UK law which is also compared to global law. In the context of social media, there are a number of parties which could be liable or defamatory comments. The Defamation Bill is discussed to help with an understanding of this particular topic.
- France: French Supreme Court invalidates “Take down and stay down” rule
The French Supreme Court, has ruled that a hosting platform has no obligation to ensure that hosted content that has been previously notified is not later re-posted online by its users. Various case decisions held hosting providers liable for re-posting content. However it happened to conflict with Article 15 of the e-commerce Directive, after which the French courts were no longer able to impose on hosting providers obligations.
- Global: Satellites, security and the social graph
Satellite communications also face the same risks of cyber-attack as we are facing the telecommunications industry generally. There are however, significant structural differences for cyber terrorism, hacking and risk avoidance. This article discusses the various risk factors and general facts to gain a better understanding of using satellites as a tool of social media.
- Aereo v. Aereokiller: New York and California District Courts Disagree on What Constitutes a Public Performance Under the Copyright Act
Lawsuits are on the rise as technology evolves at an ever increasing pace. This is due to laws devised before the technological advancements occurred. The article discusses a recent example of this phenomenon, where two companies provided their subscribers with access to copyrighted content over the internet using virtually identical technologies.
- USA: A hitchhiker’s guide to technology, media and cultural innovation in the new frontier states of the American West
Social media is seen to redefine the nature of all dimensions of relationships, narrow and broad, whether it is for the better or not. To gain an understanding of what tomorrow's technology and content drivers will be, this article will take you through an interesting journey through Las Vegas, Nevada; Park City, Utah; Aspen, Colorado; Boulder, Colorado; and Austin. Texas.
- Hogan Lovells Berlinale event focuses on Spanish film production
Hogan Lovells hosted its annual Film Panel during the "Berlinale" film festival, for the tenth year running. It focused on film financing opportunities in Spain and was hosted in cooperation with the Spanish Embassy in Berlin. It was revealed rather quickly, how attractive Spain is for film productions.