Social Media Legally Speaking, Essay Example

Today, the social media phenomenon has reached the worlds audience while becoming the most important social networking platform for businesses. “With the growing use of social media, many businesses in the U.S. have started to use social media as a method of advertising their products to consumers. Large conglomerates such as General Electric and Procter & Gamble have incorporated social media into their advertising and promotional efforts”(Lui,2012). The social medial networking platform has the ability to deliver and receive valuable facts and information about any subject or product. The businesses need different communication channels to reach their targeted audience. However, with the social media has become the CNN of social networking that has the ability to deliver communication and information 24/7 to all the social networks in real time.We see hughopportunities of these two technologies-social networking and unified communication (Senot, 20).

An astute marketing manager community quickly realizes the power and influence of social networks because they collect the consumer’s buyer behaviors. This new way of communication has totally changed the world because the marketers need new strategies that deliver products to consumers using multiplesocial media outlets.As a result, businesses are flocking to the social media platform while embracing social media networks to achieve marketing and business goals.“The intelligence of the leadership teams can be recognized by the management who truly relies on the legal counsel” (Bagley, 2008, pg. 379).

In order to measure the marketing managers legal astuteness, the four components of legal astuteness must be considered: (1) set of value-laden attitudes,(2) utilize an approach that is proactive,(3) the mastering of using legal informed judgment,(4) The ability to execute, deliver and articulate legal law pertinent to the application of the legal theories(Bagley,2008). The legally astute corporations will a full team of legal experts working around the clock during social media incident by Facebook. This is a good example of an organization that was not legally astute. The CEO issue a statement that indicated they had not done anything wrong because all the users agreed to allow their personal information to be shared. This is a legally issue that an astute legal team would understand that tricking the consumer into releasing information is not ethical. In addition, Mark Zuckerman, CEO did not see the harm and fought against the courts signifyingFacebook did nothing wrong. Mark Zuckerman reminded the social media community, how the social media networking exploded into the lives of consumers.

Facebook did not take that opportunity to take the responsibility for divulging personal information. Facebook has never recovered from the perception that they lack moral and ethical behaviors because they fought the lawsuits in the news for years.Facebook could have mitigated the risk by using the set of value-laden attitude towards the outcomes of legal ramifications. Facebook did not take any responsibility and never apologized for the personal information trick. They spent too much time trying to fight public perception that they loss the strategic advantage because they were not protective but they were legally reactive. They spent too much time in the social media trying to prove their innocence. They broke the basic law about protecting personal information and the legally tried to fight the mistake. “The results confirmed our hypothesis and showed that performance decisions are affected by a diverse set of variables aside from the monetary incentives set by the legal system”(Feldman and Teichman,2011).Facebook was not the mastering of using legal informed judgment or articulating the law in court. Facebook showed the reason the corporations needs a legally astute attorney that could have mitigated some of the risk in cyberspace.

Legal Disputes

The consumer has several types of legal disputes legally to solve online disputes. The negotiation is used when the person makes a purchase but wants a refund back. This is the best method legally because the conflict resolution can be resolved quickly. The mediation legally disputes does not work because many of the social media vendors would rather solve the problem quickly. However, the higher the dollar amount could lead to using an attorney for mediation. There are two ways to dispute with the vendor by online communication or offline with a phone call. Online dispute resolution (“ODR”) can take place either entirely or partly online and concerns two types of disputes: those that arise in cyberspace and those that arise offline. The cyberspace complaint may be the best option because other options may be time consuming and expensive. In addition, legal disputes legally in the social media network can be difficult because of jurisdictionalissues (Short, 2012).

Federal State Lines

The executive branch of the government would be the best office to protect consumers using transaction across state lines. The social media networking world has combined banking, consumer purchases, schools, and universities that create a familiar place for social networking followers to find whatever service they need.In order to protect them, the executive branch of the government would oversee the transactions which brings about a level of security and safety. The same problem existed on how gambling would impact jurisdictional and state lines issues. However, once it was determine that the executive board would be overseeing the transactions many states drop-out. The executive branch is a legal deterrent just as it was a deterrent in the case of gambling crossing state lines. The gambling industry was told, even if the money was transferred to England then back to United States would still be illegal and executive branch would come after that party. The three branches are legislative, judicial and executive which all can become valid legal actions to control online transaction, however the executive branch would have the most success. The legal relationship between the consumer and agencies online are reciprocal relationships. The legal relationship exist because the social media provide, vendors and consumers all have integrate to legally to ensure transaction are completed. The executive branch already has the consumer interest as the priority.

References

Bagley, C. (2008).Winning legally: The value of legal astuteness. Academy of Management Review, 33(2), 378-390

Christophe Senot, et al. “Transforming enterprise communications through the blending of social networking and unified communications. Bell Labs Technical Journal 16(1), 19-34.

Liu, K. (2012). FDA and Social Media: The impact of social media on prescription drug advertising, JOLT Digest, Online Companion to the Harvard Journal of Law and Technology. Retrieved from http://jolt.law.harvard.edu/digest/digest-comment/fda-and-social-media-the-impact-of-social-media-on-prescription-drug-advertisin

Feldman, Y., &Teichman, D. (2011). Are all contractual obligations created equal? Georgetown Law Journal 100(1) 6-50. Retrieved from http://georgetownlawjournal.org/articles/are-all-contractual-obligations-created-equal/

Short, J. L. (2012). The political turn in American administrative law: Power, rationality, and reasons. Duke Law Journal 61(8) 1811-1881.