Social Media: Legal Implications and Perspective

The use of social media marketing has become a standard way in which organizations advertise their products or services. Social media marketing allows consumers to have immediate access to other consumers reviews or to post a review about a product or service. There is engagement between the company and the consumer (Evans, Dave 2010). Social Media emerged in the late 1980’s when websites such as Prodigy, Compuserve and America Online. Prodigy was first of it’s kind and was known as a ”consumer online service”. Half of the page is devoted to advertising. Facebook, Twitter, Myspace, Hi5, Bebo and Orkut are all social media platforms that are utilized as platforms today.

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest

Using the multitude of resources the authors draw from, they study the results of a survey of several hundred companies using online marketing in order to determine the best practices for those advertising strategies. The authors ascertain that social media marketing is only as effective as the prevailing psychological factors in which social media works. These factors are inherent in human communication, not only on the internet, but in the real world as well. The authors state that there are communities of people using social media and that “these communities often thrive because the members primarily are drawn to one another. The importance of person-to-person affinity – and the ability to interact with these other humans – typically trumped the role of the sponsor’s goods or services or the presence of other features in the online communities.” (Moran 232) What the authors are saying is that social media is a new tool in order to bring similar consumers together and that if a company wants to be successful in social media marketing, they must concentrate on the human connection rather than their product or services.

The way that individuals and businesses communicate and interact has radically changed. With the development of technology and the internet, people can connect almost instantaneously and with very little effort. Social media has come to play a huge part in the way that the world communicates with each other. In fact, a recent report shows that in a single month people spend over 25 hours on social networks (“The Digital Consumer”). With consumers committing that much time to social media sites, social networking has become an important aspect of everyday life for individuals—and businesses. Like most marketing activities, social media marketing poses some risk. However, it is advantageous for businesses to exploit this opportunity, and develop an effective and ethical marketing strategy that includes using social media as a marketing tool.

Whereas a judge will make a decision for the parties, the mediator helps them make their own decisions. In fact, a mediator has no decision-making power during mediation. The fate of the case is entirely in the hands of the parties.

Social media is capable of connecting a brand with its consumers and discover how they are being perceived, it also has the power to change perceptions and identify the key people within the business network. The unique feature of social media is that it can provide corporations and businesses solutions developed through operating with consumers and stakeholders. Basically, social media serves as a visible connection to one’s corporation and its stakeholders, consumers, suppliers, etc, who each have a defined role within the system to filter and regulate information. As mentioned earlier, the influence of social media is spreading in a proliferative pace that has resulted to an essential transformation in society, technology and business customs.

The marketing industry is an elaborate network that links companies to their consumers, primarily through written communication. The main objective of marketing is to identify trends and patterns in consumer behavior, and utilize the data to influence consumers to purchase more goods. From a macroenviroment standpoint, the general conditions of a market are heavily dependent on global environmental factors. The most significant factor that influences the markets today is technological advancements. Since the release of Facebook, Linked-in, Twitter, and Myspace in the early 2000s, the number of people using social media has increased to over sixty-five percent. The ever-growing dependency on social media platforms, has given marketers the tremendous opportunity to further market potential consumers. Social media marketing is a specific form of marketing that focuses on producing ad content that social media users will post on their own networks. This particular marketing technique is effective because ads and content are created, based on what personal information users post on social media. Firms and organizations that advertise their brands on social media are more likely to increase their customer base and annual revenue. By doing so, companies are able to increase exposure of their brand and widen previous hidden, customer bases. As a marketer, the fine line between right and wrong is often blurred. The amount and

In today’s business world, social media is being discussed on a daily basis. This phenomenon has taken over the marketing and advertising industries and has changed the way they handle their efforts to attract customers. There is a big misunderstanding that social media are only popular networking sites such as Facebook and Twitter, but as defined by the Merriam-Webster dictionary, social media are “forms of electronic communication (as Web sites for social networking and micro blogging) through which users create online communities to share information, ideas, personal messages, and other content (as videos).” The rise of these online communities has given companies an opportunity to engage in conversations with their customers. This in

The First Amendment, granting Americans the right to freedom of press, freedom of speech, freedom of religion, freedom of assembly and freedom to petition the government, has been one of the most heavily debated since its ratification in 1791. For years, court cases pertaining to the amendment have abounded, particularly in relation to the freedom of speech. From cases defining obscenity to those allowing for expression, the meaning of the freedom of speech has changed greatly through the years. Similarly, so has the freedom of press. As technology evolves – from the first printing press to Google Glass – so too does the media. New media calls for new laws and precedents, and social media has been no exception. The rapid pace and

Social media is defined as a group of Internet-based applications which build on the platform of Web 2.0 and the contents of these applications can be modified by all users in a participatory and collaborative method (Kaplan and Haenlein, 2010). Social media creates a platform for companies to talk to their customers as a hybrid element of promotion mix. With the emergence of social media, the tools and strategies for companies to connect with customers have also changed (Mangold and Faulds, 2009). To adapt with the emergence of social media in the marketing, companies should have unique insights about these significances (Quan-Haase and Young, 2010). The significances of social media embody three main aspects which are technology, decision-making and purchase behaviors of customers.

Mediation and Arbitration are both ways to fix a conflict but in fact are very different. Mediation is when two parties negotiate what they want from this conflict. A mediator is involved to make sure the right steps are followed. This is unlike arbitration because in arbitration each party presents there information to an arbitrator who decides what will happen. Mediation is nonbinding where as Arbitration is binding. In arbitration you are ordered to take it by an employer, by a judge or if you’re compelled by contract. Where in Mediation participation is not mandatory. The victim or the offender can refuse to participate. Arbitration can take place anywhere although, it usually happens in a board or

People are increasingly sharing their lives online through social networking sites with little concern for who may be viewing their information. This has become an issue in current times and is up for debate based on the ethical issues associated with Social Media. People don’t realize joining a social network is like joining a community. As any community in real life, your business has a place in the community but should not invade one’s privacy. Social networking is one of the most popular methods apart from forum marketing that is available to Internet users today. Places like MySpace and Facebook among others have gone from just social interaction spaces to a part time marketing program as