Facebook defamation is not necessarily illegal

That the respondent in the latest High Court Facebook defamation case, M v B, was ordered to remove defamatory posts on Facebook isn’t remarkable. What is more interesting about that case is that it reiterates a principle that a court will not step in and proactively block future defamatory posts. The applicant in this case,Continue reading “Facebook defamation is not necessarily illegal”

Reasonably practicable compliance with POPI is not enough

When considering how much you should do to comply with legislation like the Protection of Personal Information Act, you have three choices: Do as little as possible and see what you can get away with; Calculate the degree of “reasonably practicable” compliance required and stick with that; Adopt a more holistic approach to compliance. OfContinue reading “Reasonably practicable compliance with POPI is not enough”

When it comes to data protection, transparency and trust are essential

When it comes to privacy, two key success factors are transparency that engenders trust. Responsible data processing is how you move from transparency to trust. I wrote an article about this which I published on LinkedIn (it was also published on MarkLives) which I titled “Trust is more important than sales“. You may find itContinue reading “When it comes to data protection, transparency and trust are essential”

Community feedback: be careful what you wish for

A recent New York Police Department attempt to engage with New Yorkers serves as a reminder that crowdsourcing positive feedback doesn’t always work quite as well as you may hope, if it works at all. As Ars Technica reported: The Twitterverse was abuzz Tuesday evening after the New York City Police Department made what itContinue reading “Community feedback: be careful what you wish for”

Bombs under wheelchairs, model airplanes and other stupid tweets

The last couple weeks saw two spectacular lapses in judgment in corporate Twitter accounts. The first was the pornographic US Airways tweet in response to a passenger’s complaints about a delayed flight and the second was an FNB employee’s flippant tweet about an ad personality’s activities in Afghanistan.

Each incident has unfolded a little differently. Both are stark reminders about the very serious legal consequences for misguided tweets.

Digital marketing law interview on @BallzRadio

Paul was interviewed about aspects of digital marketing law on Ballz Radio today. The interview was part of the business segment and Paul chatted to the team about some consumer protection issues, transparency, terms and conditions and privacy concerns. Fortunately, Ballz Radio publishes the audio and video of the interviews. You can listen to theContinue reading “Digital marketing law interview on @BallzRadio”

What the High Court decided about broadcasting the Oscar Pistorius trial

As you know, the Pretoria High Court granted the media permission to broadcast the upcoming Oscar Pistorius trial but don’t expect to see TV footage of Pistorius or his witnesses giving evidence. Judge President Mlambo has imposed a number of restrictions on the coverage you can expect in the coming weeks. The reasons for these restrictions stem from the considerations Judge Mlambo took into account and how the judge balanced a number of competing rights.

For one thing, you probably won’t see any video of Oscar Pistorius’ or his witnesses’ testimony (although you may hear it on radio). You won’t see close-ups either. This decision is more about upholding rights than it is about the hype.

Nokia’s errant F-bomb tweet and a reputational smear

Although the tweet was almost certainly not sanctioned by Nokia’s marketing team, it highlights the importance of carefully managing not only access to a brand’s social profiles and establishing clear guidelines for people who do have access to those profiles explaining what acceptable behaviour and content are because whatever is published using those platforms is going to be perceived as representative of the brand to some degree. Aside from the obvious reputational smear, consider the economic impact of a brand that is perceived to have taken a strong stand against its customers, especially at a time when it is undergoing considerable transformation.

PPC Lead Generation’s Privacy Risks

PPC lead generation is a search-based lead generation technique which leverages search terms to surface (preferably) relevant ads in search results. When you click on those ads you are often taken to landing pages where you have the option of submitting your details to a company so it can get in touch with you about its products and services. It’s a pretty smart marketing option because it begins with the premise that you are searching for what the company offers. It is also a potentially risky proposition for brands that fail to implement adequate privacy protections.

The @Woolworths_SA hummingbird: a parable

One day, not too long ago, a young artist named Euodia was invited to contribute some of her work to a product range a local merchant called Woolworth was putting together. The two met frequently and Euodia was pretty excited about the prospect of her work being added to Woolworth’s inventory, he was well regarded in the area and all the local farmers saved for months to buy his goods.