PR 101

This may come as a shock to lot of bloggers, but they are bound by the same rules on libel, slander and defamation as any reporter at an old media daily newspaper. I have written several times that the Internet is the wild west of the law. There have not been a lot of cases dealing with such things plagiarism, copyright infringement, and other areas of the law that govern publishing.

That is changing however.

“It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet,” Sandra Baron, executive director of the Media Law Resource Center in New York, told the Los Angeles Times

“Although bloggers may have a free-speech right to say what they want online, courts have found that they are not protected from being sued for their comments, even if they are posted anonymously. Some postings have even led to criminal charges,” the LA Times reported.

This is my rant for this week. Just because you have a laptop and an Internet connection does not mean you can ignore the rules.  As many bloggers are now finding out, pretending those laws don’t apply get them into a whole heap of trouble.

Yet for some reason many bloggers continue to act like they can write and say what they want. There is something about the Internet and the feeling of anonymity that leads people to write things they would never say in person.

What also bothers me is that many blogger could not define libel if it bit them on the butt.

Here for your edification is the definition of libel from the Associated Press Style Book: “at its most basic, libel means injury to reputation. In some states libel is distinguished from slander, in that a libel is written or otherwise printed, whereas slander is spoken; in either case, the word defamation generally includes both terms. Words, pictures, cartoons, photo captions and headlines can all give rise to a claim for a libel.”

One of the very first things drilled into every rookie reporter are the rules of libel. Lawsuits are expensive. Editors don’t like to use their budgets on legal fees.

“Most people have no idea of the liability they face when they publish something online,” Eric Goldman, who teaches Internet law at Santa Clara University, told the LA Times. “A whole new generation can publish now, but they don’t understand the legal dangers they could face. People are shocked to learn they can be sued for posting something that says, ‘My dentist stinks.’”

Under federal law, websites generally are not liable for comments posted by outsiders. They can, however, be forced to reveal the poster’s identity if the post includes false information presented as fact.

That’s right, you cannot hide behind a false identity. Keep in mind that to everyone at your Internet Service provider – with the exception to those who send you the bill – you are a series of numbers. Those numbers are unique and cannot be changed by you. In other words, they can identify you quite easily.

“There’s a false sense of safety on the Internet,” Kimberley Isbell, a lawyer for the Citizen Media Law Project at Harvard University said to the Times. “If you think you can be anonymous, you may not exercise the same judgment” before posting a comment, she said.

So, think before you hit that publish button.

My dog, Chester the Wonder Dog, is an alpha male. According to the online magazine Dog Owners Guide, an alpha dog is the leader of the pack, “the dog that dominates and leads the other members of the pack. The alpha is the boss that makes decisions for the entire pack.”

The same kind of “alpha dogs” exist in social media. They are the leaders of the pack, the first adapters, the ones who influence where everyone else goes on the net.

I discovered Chester was a leader the first time I took him to the dog park. Other dogs were coming up and sniffing him as he sat there. Some actually lay down in front of him. He would give each a very brief sniff and then somehow send them on their way. When Chester wandered around checking out various things, the other dogs followed and checked out the same areas.

I asked our vet why Chester wasn’t that interested in other dogs’ scents. The animal doctor explained that as an alpha dog, Chester didn’t care what the other canines smelled like. It was more important to Chester – and to the other dogs – that they knew what he smelled like. In that way they could follow his lead.

Social media “alpha dogs” act somewhat the same way. They are the first ones to “wander” around social media sites, picking out the best ones. They are the ones that post about the best restaurants, the hottest clubs, the best movies and everything else.

I am lucky enough to know some of them – Sarah Evans and Jason Kintzler are two who I greatly admire. Both have carved unique niches that I check out daily. I often follow their leads.

How do you identify those leaders? Look for the people who are on Facebook who make recommendations first. Check their blogs; follow them on Twitter and YouTube. They will always be at the front of the pack, telling others what’s cool and what’s not.

This brings me to my second point. Marketers have to find these people. You want to sell a product today; you need to build some social media cred. The best way to build cred is to find these leaders, these alpha dogs, and bring your idea or product to their attention.

However, you cannot pitch them. Going back to Chester the Wonder Dog, he rarely takes any interest in any toy I just give to him. I have to give him a reason to latch on to it – it is filled with treats, I will let him chew on it or it does something that interests him. He particularly likes to pay tug-of-war, if I take the time to wave the rubber rings in front of him. I have to be patient. He will play when he is good and ready.

I also know enough not to try to give anything he doesn’t like. For instance, he hates squeaky toys. We found early on that he would immediately destroy any toy that made noise.

The same rules apply to those media leaders. You cannot pitch them directly. It won’t work. You have to entice them, give them reasons to take an interest in your product. If there is something they don’t like, they will ignore it. If continue to try and get them accept your idea, they will tear it apart by telling others not to use the product.

There are no guarantees though. Alpha dogs make their own decisions. They will decide on their own what route they and the pack will want to take.

I am refurbishing a typewriter that will be used during my daughter’s upcoming wedding. The typewriter will be used instead of a standard guest book. Rather than sign something, guests will type their best wishes for the bride and groom – if they remember how to use a typewriter.

As I was cleaning and oiling the machine, I realized there was a metaphorical relationship between social media and that typewriter.

The typewriter was my wife’s college machine. It is really nice Smith-Corona manual. For those of you who never used a typewriter, manual means that it’s not electric. The insides are quite elaborate and sophisticated. It takes a series of levers to move each key so the letter strikes the paper. This thing was state-of-the-art 40 years ago.

Today that state-of-the-art machine is viewed as a quant reminder of a bygone era. Sure some people still use typewriters, but some people still use candles. But just as almost no one relies on candles for their primary light source, almost no one uses a typewriter as their primary source of document production.

Computers have taken over almost completely from typewriters. It has changed the way things are done. I tried to type something on the typewriter yesterday. I found the way I think and formulate ideas has changed. My MacBook is much more efficient and a lot faster. No more using White out correction fluid to paint over mistakes.

Yet when the first word processors came along, there was a lot of a resistance. I worked in newsrooms then, a typewriter dense environment if there ever was one. The old reporters argued those word processors were just not as good or efficient as a typewriter. They were too complex, to prone to error and what would happen if the power went out? Better to stick with the Royal upright typewriters. Again an explanation – an upright typewriter looked like an upright piano.

A lot of people look at social media the same way as those old newsroom bulls looked at word processors. It is too complex, it will never work, why don’t we just stick with what has worked for the last 100 years.

The reasons why not are obvious. Social media works better.

The people who ran newsrooms had the foresight to realize that those word processors were the best choice. They saw they were more cost efficient. Sections of the old production processes could be eliminated, keeping costs down and the product competitive.

You know how most newsrooms got the old ones to accept the word processors? One day it was announced that new equipment was being brought into the newsroom. Anyone who wanted to could take their typewriter home at no charge. It was theirs to keep.

When everyone got in the next day, there were shiny new word processors sitting at each desk. A course in how to use them was given. It was a swim or sink move. It worked. It was a pretty painless change. The veterans realized the change was for the better and it was inevitable.

I think a lot of companies need to do the same thing. Instead of dithering about social media, they need to make the change. It will be for the better. And it is inevitable.