This presentation was given on October 23, 2012 in NYC at Affect. Speakers include:
Sandra Fathi, President, Affect
Gary Kibel, Partner, Davis & Gilbert Law
Jenny Dervin, Vice President Corporate Communications, JetBlue
Michael Clendenin, Director of Media Relations, ConEd
1. Presented By Sponsored By
PRSA-NY
Social Media Crisis Communications
@PRSANY
#SMCRISIS
October 23, 2012
2. !"#$%"&'"()*&+&,-./(&&
Sandra Fathi is founder and president of Affect, a public relations and social
media firm specializing in business-to-business and business-to-consumer
technology, healthcare and professional services, located in New York.
She started her career as a technology journalist, quickly moving to the
corporate communications field by joining Nokia, where she led marketing
teams in the company’s multimedia display products division. She also
provided consulting services for Nortel on marketing the company's first
VoIP product line and oversaw global marketing efforts for VCON, a video
conferencing company.
01"()*2"-./(3/45&&
20"#$%"1"()*& Sandra went on to work for Edelman Public Relations Worldwide, where she
specialized in the networking, telecommunications, computer hardware,
software and Internet business verticals. Before founding Affect in 2002,
Sandra led corporate communications and investor relations for
RADVISION, a provider of video conferencing infrastructure products.
October 23, 2012 PRSA-NY: Social Media Crisis Communications
3. 6*/)".7&!3&87.#$.#*#&+&84#&9$*04#&&
Michael Clendenin is the Director of Media Relations for Con Edison,
electric, gas and steam providers for New York City and Westchester
County.
Before joining Con Edison, Clendenin served as Director of Communications
for the New York City Council, where he was responsible for all public
relations and media strategy efforts. He also handled public relations
activities for the Council Committee hearings and special events,
supervised staff press aides and coordinated assignment of all City Council
press releases, speeches and interviews for print and broadcast media.
/7.#$.#*#52/4#.$3/45&
Prior to his position at the City Council, Clendenin was a Vice President with
Connelly & McLaughlin, a public relations and lobbying firm with a wide
range of clients in politics, real estate, health care, labor and other
industries. There, he developed media strategy and arranged meetings for
clients with government staff and elected officials.
A native of Queens, New York, Clendenin holds a bachelor’s degree in
Journalism from Northeastern University.
October 23, 2012 PRSA-NY: Social Media Crisis Communications
4. :.##;&<.%=*#&+&:.(>7?.&
Jenny Dervin is the Vice President of corporate communications for
JetBlue airlines. After joining JetBlue in 2005 as director of
corporate communications, Dervin held a number of
communications positions within the company until 2011 when she
became a Vice President.
Prior to joining JetBlue, Dervin worked at Delta Airlines from 1999 to
2005. She began her career in the airline industry at Trans World
Airlines in Chicago in 1993.
:.##*1.%3$.%=*#2@.(A7?.3/45&&
2!B;C%*(.%DEF& Dervin received a Bachelor of Arts degree from Columbia College in
Chicago.
October 23, 2012 PRSA-NY: Social Media Crisis Communications
5. G"%;&,3&H*A.7&+&<"=*0&I&G*7A.%(J&KK8&
Gary Kibel is a partner in the Technology, Digital Media & Privacy,
Intellectual Property, Advertising & Marketing and Promotions practice
groups of Davis & Gilbert. Kibel regularly counsels clients with respect to
digital media and advertising law, privacy and data security and
information technology matters.
Kibel is a Certified Information Privacy Professional (CIPP) and advises
clients in many industries regarding privacy and data security issues,
including internal information security policies, contractual obligations
LB*A.72$L7"M3/45&& and requirements, security breaches and incident responses, audits and
2L"%;B*A.7N7"M& cross-border data transfers.
Additionally, he co-chairs the International Association of Privacy
Professionals (IAPP) and New York City KnowledgeNet group.
Prior to becoming an attorney, Kibel worked as an information systems
analyst in the Investment Banking Division of Merrill Lynch & Co. Kibel
received his MBA from Binghamton University and his JD from Brooklyn
Law School.
October 23, 2012 PRSA-NY: Social Media Crisis Communications
8. CRISIS COMMUNICATIONS
T98SGUYZYUG&8TY!9!&
Anticipating & Understanding Threats to a Business
People, Products, Facilities, Environment
• Internal • External
Employees Acts of Nature
Facilities Market
Vendors/Suppliers Legal Restrictions/Law
Distributors/Resellers Customers
Product Advocacy Groups
R&,-./(&&
9. CRISIS COMMUNICATIONS
8TY!Y!&!89U,TYS!&YU&W[9&
,G9&S'&!S8Y,K&69<Y,&
1. Senior manager accused of inappropriate conduct including lewd photos with
employee – Now on Instagram
2. Employee arrested for hit and run accident – Now Appearing in Google Search
3. Employee caught abusing drugs – Now Posted on his Facebook Profile
4. Customer credit card details leaked – Now On Twitter
5. Employee posts rant on company and exposes confidential information – Now
on YouTube
6. Company accused of making children’s toys with poisonous lead paint – Now
on a Mommy Blog
R&,-./(&&
10. CRISIS COMMUNICATIONS
T9,<YU9!!&
Anticipating a Crisis
T."$*#.00&
1. Crisis Mapping (SWOT Analysis)
2. Policies and Procedures (Prevention)
3. Crisis Monitoring
T./4=.%;& T.0X4#0.&
4. Crisis Communications Plan
5. Crisis Action Plan
6. Crisis Standard Communications Template T."00?%"#/.&
R&,-./(&&
13. CRISIS COMMUNICATIONS
T9!VSU!9&
Preparing a Response
1. Don’t delay T."$*#.00&
2. Acknowledge situation
3. Acknowledge impact and ‘victims’
4. Commit to investigate T./4=.%;& T.0X4#0.&
5. Commit to sharing information and
cooperation with relevant parties
6. Share corrective action plan if available
T."00?%"#/.&
7. Respond in the format in which the
crisis was received**
R&,-./(&&
14. CRISIS COMMUNICATIONS
T9,!!_T,U89&
Who to Reassure? How to Reassure?
1. Develop full response plan T."$*#.00&
2. Put plan into action: Immediate remedy
3. Communicate results of plan and impact
4. Reaffirm commitment to correction T./4=.%;& T.0X4#0.&
5. Demonstrate results of program
T."00?%"#/.&
R&,-./(&&
15. CRISIS COMMUNICATIONS
T98S`9Ta&
Preparing a Long-term Recovery Plan
1. Review need for operational, regulatory, T."$*#.00&
environmental and employee changes
2. Develop long-term plan including policies and
prevention tactics
T./4=.%;& T.0X4#0.&
3. Reassess crisis plan
4. Regain customer/public trust
T."00?%"#/.&
R&,-./(&&
17. SOCIAL NETWORKING – 3 PERSPECTIVES
1. Social networking by company employees
2. Social networking by the company itself
(or its authorized representatives, such as
its ad agencies)
3. Social networking by the public (either on a
site set up by the company or a third party
site/service)
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
19. FTC’S GUIDES CONCERNING THE
USE OF ENDORSEMENTS AND
TESTIMONIALS IN ADVERTISING
»Endorsement/Testimonial = Any advertising
message which message consumers are likely to
believe reflects the opinions, beliefs, findings, or
experience of a party other than the sponsoring
advertiser.”
»Must be honest and not deceptive
»Disclosure of material connections:
“When there exists a connection between the
endorser and the seller of the advertised product
which might materially affect the weight or
credibility of the endorsement (i.e., the connection
is not reasonably expected by the audience), such
connection must be fully disclosed.”
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
20. FTC’S REVISED ENDORSEMENT GUIDES
»A blogger/word-of-mouth marketer has a duty to
disclose any “material connections” with an advertiser
(e.g., payments or free products that the consumer
would not expect)
»Celebrities have a duty to disclose their relationships
with advertisers when making endorsements outside
the context of traditional ads, such as on talk shows,
blogs or in social media
»Employees who promote their employer’s products or
services in social media should clearly and
conspicuously disclose their employment relationship
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
21. FTC ENFORCEMENT ACTION
(REVERB COMMUNICATIONS –
AUGUST 2010)
»FTC Action Against Reverb Communications and
Snitker: In August 2010, the FTC settled with
Reverb Communications, Inc., a California-based
public relations firm in the video game industry,
and its sole owner, Tracie Snitker
»Endorsed their clients’ gaming applications by
consistently giving their client’s applications four or
five stars or by positively commenting on them
(e.g., “Amazing new game,” “ONE of the BEST”
and “One of the best apps just got better”)
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
22. HOW TO MAKE A DISCLOSURE
IN SOCIAL MEDIA
»How should a disclosure be made?
- There is no special language but goal is to effectively
communicate your relationship with the marketer
• Acceptable:
- “Company X gave me this product to try ...”
- “I work for Company X, so ...”
»Not acceptable
- Button that says DISCLOSURE or LEGAL
- ABOUT US or GENERAL INFO
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
23. HOW TO MAKE A DISCLOSURE
IN SOCIAL MEDIA
»How can I make a disclosure on Twitter?
- #paid ad
- #paid
- #ad
»WOMMA also suggests
- #spon, #paid, or #samp
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
25. TERMS, CONDITIONS, POLICIES,
GUIDELINES, yada yada…
»Facebook
- Statement of Rights and Responsibilities
- Promotions Guidelines
- Platform Policies
- Advertising Guidelines
- Brand Resource and Permissions Center
- Data Use Policy
! "#$%&' ()*%& +,%-%- +#../0%$&1%#0-
26. FACEBOOK POLICIES – STATEMENT
OF RIGHTS AND RESPONSIBILITIES
»Profiles vs. Pages
»Pages vs. Application
- “You may not use your personal profile for your
own commercial gain.”
!" #$%&'( )*+&' ,-&.&. ,$//01&%'2&$1.
27. FINANCIAL SERVICES
AND SOCIAL MEDIA
»FINRA – NASD Rule 2210
- Websites = advertisements
Therefore, need review and registered principal
approval prior to posting
- Interactive Communications (i.e., chat rooms)
= public appearances.
Therefore no prior approval necessary
- Blogs and Bulletin Boards = advertisements (if
static); = interactive communications (if real-time)
- Social Networking = combination of static and
interactive content
11 !"#$%& '()$% *+$,$, *"--./$#%0$"/,
29. CORPORATE
SOCIAL MEDIA POLICY
»Create a Corporate Blogging Policy
- Permitted conduct
- Encouraged conduct
- Prohibited conduct
- Company’s rights and remedies
»Personal vs. Professional Uses of Social Media
»Intellectual Property Rights (i.e., copyrights, trademarks)
»Confidential Information
»Company’s right to review – no expectation of privacy
12 !"#$%& '()$% *+$,$, *"--./$#%0$"/,
30. CORPORATE
SOCIAL MEDIA POLICY
»Discussions Regarding Competitors
»Disclosures Regarding Relationships (no astroturfing)
»Acceptable lingo – LOL vs. WTF
»Opinions
»Don’t Use for Harassment / Objectionable Content
»Supervisory Procedures in Place
»Changes To Accounts Upon Termination With The
Company (i.e., LinkedIn)
»B.Y.O.D.
12 !"#$%& '()$% *+$,$, *"--./$#%0$"/,
31. NLRA IMPACT
»Section 7 of the National Labor Relations Act
(NLRA) protects the rights of most non-
supervisory employees to act together to improve
their working terms and conditions, including
communicating about their pay, benefits and other
work-related issues
»This is called “concerted activity” and is protected
whether or not the employees are unionized
!" #$%&'( )*+&' ,-&.&. ,$//01&%'2&$1.
37. 9#L"L.5.#(&
Social Media Use During Hurricane Irene&
• !"#$%&'
• Y#14%5&
• :4*#&().&
84#=.%0"Q4#&
FD&
38. 9#L"L.5.#(&
Social Media Use During Hurricane Irene&
• K*0(.#&
• (&)*+,'
• :4*#&().&
84#=.%0"Q4#&
• -*#$'."%/#'"&'#0*+$%#$'1,*2&$'*)'3,%'
• -*#$'45"46#'+%4*+7%7')*+'4*,81&9'$/%%$'5"&6''
FE&