After receiving a complaint, the Australian-based Advertising Standards Bureau has determined that Smirnoff is ultimately responsible for all content posted on its Facebook Page, including all user-generated comments.
The ASB Case Report labels any comments listed on this Facebook business page as advertising, which has massive implications for any businesses running active social media campaigns. Combined with a growing privacy backlash against social media in general, just what implications does such a ruling have globally?
The complaint against Smirnoff – and another business, VB – was alleged to have come from members of the general public who objected to the comments on their Facebook pages based on:
- Sexism, racism and other forms of discrimination or vilification
- Irresponsible drinking and excessive consumption
- Obscene language depiction of under-25 year olds consuming alcohol
- Material that connects alcohol consumption with sexual or social prowess.
The complaint also applied directly to: “…the various comments and photographs uploaded by Smirnoff and members of the community…” which implies the target of the complaint was originally geared directly towards the individual users as well as being aimed squarely at the business itself.
This aspect of the ruling – the fact that any content contributed by members of the general public is now legally labelled as advertising – has set global alarm bells ringing regarding users continued participation, considering that any content added by participants should realistically be vetted and (if considered questionable) removed immediately. If the content isn’t censored, a business may be held accountable for any problematic content consumers choose to contribute.
Although the Report applies specifically to an Australian context, this type of precedent sets a troubling pattern for any business using non-geolocked social media as marketing tools, even accounting for the fact the complaint was ultimately dismissed. The fact the ASB Panel still upheld the conclusion regarding the advertising aspect of all user-provided content is telling, and has ramifications for business and media-active consumers in general.
For instance, if a commenter is based in America and writes derogatory or defamatory posts on (or uploads questionable images to) a company’s social media stream, does this content constitute company advertising if the business is Australian-based? How about if an Australian citizen comments on or about a company based elsewhere?
Perhaps even more of a concern is the negative press this controversy directs towards Facebook itself: at a time when Facebook’s credibility seems perpetually stuck on a downward slide, such a report sends even more damaging messages to already disenchanted users. If consumers assume that comments associated with businesses makes a company (and by default, themselves) liable for further scrutiny, this could directly affect how users engage with broader participatory media by stifling both the organic communication flow, and the feel of genuine engagement.