Post by sumiseo558899 on Nov 9, 2024 21:20:20 GMT -6
Today, almost any business is represented in social networks. Targeting allows you to hit the target, and a company group in a social network increases brand loyalty and attracts new customers.
At the same time, since the beginning of 2018, we have seen more and more news about being held accountable for posts and publications on social networks. We decided to figure out how to make your account safe for business.
As a rule, companies that contact us
content writing service already have an account created, and we have to work with what we have. But for the sake of completeness, let's start from the very beginning - with creating a company page on a social network.
Step 1. Register a business account on social networks
Mistakes made during the registration stage:
1. Using the data of an employee who is not the owner of the business when registering an account.
In such a situation, we may face a number of problems: from data loss upon dismissal to account deletion by an offended employee.
Remember: all contacts and passwords should be with the person who is directly interested in the development of the business. And this is, first of all, the owner.
2. Registration in the name of the founder, indicating the employee's telephone number.
In some companies, a marketer is in charge of social networks. And to make it easier to answer calls and messages, he or she registers an account under his or her number. This will create additional difficulties if a new specialist appears in the company.
A good option would be to buy a separate phone and a SIM card registered to the owner. If necessary, you can transfer the device to another specialist, in case of loss of the phone - restore the SIM card to the owner.
3. Lack of a register with registration data.
In case of an unforeseen situation, it is not always possible to quickly find the login data. Everyone understands that you need to write down your login and password on paper and put it in an envelope in the safe, but few people do this. Therefore, this point is mandatory.
Case: A client fired an employee who was in charge of social networks. The employee was offended and did not hand over access rights, but posted negative information about the company on the social network page. The client had to fight for his reputation. At the end, the social network group was returned through administrators, and the negative posts were deleted. However, by that time, a lot of time had passed, and the company had lost clients.
Step 2. Filling social networks with content, messages, reposts
Content
To promote a business online, you need content - interesting and unique. Let's figure out where to get content:
Generate content yourself: write articles, take photos and videos, draw illustrations. The ideal option if you have the resources for it.
Take from free sources, photo stocks. In this case, be sure to check for a license for commercial use.
Order from third parties or companies. In this case, a license agreement and acts are required. The agreement must comply with the requirements of Article 1235 of the Civil Code of the Russian Federation: on the subject, term, territory, amount of remuneration for the product, etc.
Use someone else's content with confirmation of the copyright holder's consent. Make the confirmation in writing and be sure to indicate: why consent is required, for what purposes you plan to use the content, on what platforms you will post it.
Remember: photos from Yandex or Google image search can only be used with citation and for informational, cultural and educational purposes. If you sell forklifts and insert someone else's photo into an advertising banner with sources indicated, then this is a bad option. However, it is possible to use such a photo on the same site in a section with informational content: in news or articles.
We have described the case with photographs in detail. But the above provisions apply to any content that can be posted on social networks: texts, videos, illustrations.
The basic rule is simple: if the content is not created by you personally, you must obtain the consent of the copyright holder.
Reposts and comments
There is a list of prohibited information, for example, information of an extremist nature. According to the Criminal Code of the Russian Federation, posting and reposting information that contains public calls for terrorist activity, pornography, a cult of violence and cruelty may result in a criminal term.
Case from legal practice: On May 6, 2016, the Zavolzhsky District Court of Tver sentenced mechanical engineer Andrei B. to two years and three months in a penal colony for two reposts on the social network VKontakte. Andrei republished an article by publicist Boris S. with a slogan about the territorial affiliation of Crimea and an image of a tube of toothpaste with a caption on the same topic.
Andrei B. was accused of public calls for extremist activity (Part 2 of Article 280 of the Criminal Code of the Russian Federation) and public calls for activity aimed at violating the territorial integrity of Russia (Part 2 of Article 280.1). Read more in RBC.
Another case from legal practice: In St. Petersburg, the Kirov District Court sentenced city resident Olga Ch. to two years of suspended imprisonment with a probationary period of one year for comments under someone else's post on VKontakte. Olga Ch. posted comments in the group "Piter Decides" that contained an incitement to use hostile violent actions. Read more in the online newspaper Neva.today.
No one is immune from being held accountable for their statements on social networks, so we advise you to be extremely careful in your statements and reposts.
Some statistics from the Judicial Department of the Supreme Court of the Russian Federation: since 2008, more than 3,000 people have been convicted of crimes against the foundations of the constitutional order and state security (Articles 275–284):
news
Statistics of the Judicial Department of the Supreme Court of the Russian Federation (number of convicted persons)
While law enforcement officers fight against the presence of prohibited information, and intellectual property owners fight against plagiarism, social networks also provide tools that help copyright holders protect their content.
Social networks use preventive measures to combat illegal content.
For example, Facebook's user agreement contains the following clauses:
All content and information you post on Facebook is yours, and you can control how it's shared through your privacy settings and app settings. Before you post anything on Facebook, make sure you have the right to do so. Respect other people's copyrights, trademarks, and other legal rights. We're committed to helping people and organizations protect and enforce their intellectual property rights.
If we become aware of such content or behavior, we will take appropriate action, such as offering assistance, removing the content, blocking access to certain features, disabling an account, or contacting law enforcement.
Learn more about intellectual property rights compliance at Facebook.
The copyright holder will not be left alone with his problem. The social network will help the one on whose side the truth is. And if it is not you... then you will have to answer!
The social network Vkontakte also protects its users by deleting information at the request of copyright holders.
Case from legal practice: The social network Vkontakte blocked a fake public page about toilet paper from Naberezhnye Chelny. Access to the community was terminated at the request of the copyright holder. The page states that the group was blocked for violating the rights of third parties.
news
And another interesting case of how copyright can be protected at a distance:
In October, a Russian woman discovered that her website, photos, and product were being copied by a Belarusian citizen. The result of the confrontation was a case won in March 2018, the websites, domains, etc. became the property of the copyright holder, plus it was possible to collect good compensation. Read more in the emotional post of the victim on Facebook.
Step 3. Company information
A page on a social network is the same advertising platform as a website, which means that the law on advertising also applies to it.
Article 5 of this law describes the general requirements for advertising in the country. In particular, it contains a provision on what it should not be: unfair and unfair advertising is prohibited.
For your information, during the existence of the Law "On Advertising", its wording has been amended 41 times (8 times in the last year alone). It is not so easy to keep track of all the changes.
In this case, the fine for violating the requirements of the article (in accordance with Article 14.3 of the Code of Administrative Offenses of the Russian Federation), violation by the advertiser, advertising producer or advertising distributor of the legislation on advertising, is:
for citizens - in the amount of 2,000 to 2,500 rubles;
for officials and individual entrepreneurs - from 4,000 to 20,000 rubles;
for legal entities - from 100,000 to 500,000 rubles.
In addition, you cannot make incorrect comments about competitors on your page, borrow their content, or cite other people's projects as examples.
In accordance with Article 14.33 of the Code of Administrative Offenses of the Russian Federation, violation of the provisions of the competition law entails the imposition of an administrative fine:
for officials and individual entrepreneurs - from 12,000 to 20,000 rubles;
for legal entities - from 100,000 to 500,000 rubles.
Case from legal practice: UFAS recognized the actions of Ch.dd LLC as a violation of Part 1 of Article 14 of Law No. 135-FZ, which was expressed in the use of a group on the VKontakte social network implemented by Mir Tesen LLC for promoting its activities.
The FAS ordered the applicant not to allow the posting on the pages of the group administered by its members of information and graphic materials from other organizations operating in the field of exchange programs without informing that the information reflects the activities of other organizations.
The Federal Antimonopoly Service imposed an administrative penalty of 110,000 rubles on Ch.dd LLC for committing an administrative offense, expressed in the violation of Part 1 of Article 14 of the Law on the Protection of Competition, liability for which is established by Part 1 of Article 14.33 of the Code of Administrative Offenses of the Russian Federation. More details in the article on the information and legal portal Garant.
Step 4. Comments
Whoever you are - a group administrator or an ordinary user - you must adhere to simple rules of decency: do not stoop to slander and insults.
Firstly, these are punishable acts, and secondly, they carry reputational risks. You can verify that the law is being followed by reading court decisions. For example:
at the information posted on the public information and telecommunications network on
2. Obligate Bondarenko to refute the false information about IP Khomchenko that discredits the business reputation of IP Khomchenko, publicly disseminated in the specified message on the Internet social network in the community “black list Belgorod”
3. Collect from Bondarenko in favor of Khomchenko 30,000 rubles as compensation for moral damage and reimburse legal costs in the amount of 19,000 rubles for notary services and 25,000 rubles for legal services, as well as 12,000 rubles of state duty.
Step 5. Monitoring employee behavior
The scourge of this year is the dismissal of company employees due to their inappropriate behavior on social networks.
At the same time, since the beginning of 2018, we have seen more and more news about being held accountable for posts and publications on social networks. We decided to figure out how to make your account safe for business.
As a rule, companies that contact us
content writing service already have an account created, and we have to work with what we have. But for the sake of completeness, let's start from the very beginning - with creating a company page on a social network.
Step 1. Register a business account on social networks
Mistakes made during the registration stage:
1. Using the data of an employee who is not the owner of the business when registering an account.
In such a situation, we may face a number of problems: from data loss upon dismissal to account deletion by an offended employee.
Remember: all contacts and passwords should be with the person who is directly interested in the development of the business. And this is, first of all, the owner.
2. Registration in the name of the founder, indicating the employee's telephone number.
In some companies, a marketer is in charge of social networks. And to make it easier to answer calls and messages, he or she registers an account under his or her number. This will create additional difficulties if a new specialist appears in the company.
A good option would be to buy a separate phone and a SIM card registered to the owner. If necessary, you can transfer the device to another specialist, in case of loss of the phone - restore the SIM card to the owner.
3. Lack of a register with registration data.
In case of an unforeseen situation, it is not always possible to quickly find the login data. Everyone understands that you need to write down your login and password on paper and put it in an envelope in the safe, but few people do this. Therefore, this point is mandatory.
Case: A client fired an employee who was in charge of social networks. The employee was offended and did not hand over access rights, but posted negative information about the company on the social network page. The client had to fight for his reputation. At the end, the social network group was returned through administrators, and the negative posts were deleted. However, by that time, a lot of time had passed, and the company had lost clients.
Step 2. Filling social networks with content, messages, reposts
Content
To promote a business online, you need content - interesting and unique. Let's figure out where to get content:
Generate content yourself: write articles, take photos and videos, draw illustrations. The ideal option if you have the resources for it.
Take from free sources, photo stocks. In this case, be sure to check for a license for commercial use.
Order from third parties or companies. In this case, a license agreement and acts are required. The agreement must comply with the requirements of Article 1235 of the Civil Code of the Russian Federation: on the subject, term, territory, amount of remuneration for the product, etc.
Use someone else's content with confirmation of the copyright holder's consent. Make the confirmation in writing and be sure to indicate: why consent is required, for what purposes you plan to use the content, on what platforms you will post it.
Remember: photos from Yandex or Google image search can only be used with citation and for informational, cultural and educational purposes. If you sell forklifts and insert someone else's photo into an advertising banner with sources indicated, then this is a bad option. However, it is possible to use such a photo on the same site in a section with informational content: in news or articles.
We have described the case with photographs in detail. But the above provisions apply to any content that can be posted on social networks: texts, videos, illustrations.
The basic rule is simple: if the content is not created by you personally, you must obtain the consent of the copyright holder.
Reposts and comments
There is a list of prohibited information, for example, information of an extremist nature. According to the Criminal Code of the Russian Federation, posting and reposting information that contains public calls for terrorist activity, pornography, a cult of violence and cruelty may result in a criminal term.
Case from legal practice: On May 6, 2016, the Zavolzhsky District Court of Tver sentenced mechanical engineer Andrei B. to two years and three months in a penal colony for two reposts on the social network VKontakte. Andrei republished an article by publicist Boris S. with a slogan about the territorial affiliation of Crimea and an image of a tube of toothpaste with a caption on the same topic.
Andrei B. was accused of public calls for extremist activity (Part 2 of Article 280 of the Criminal Code of the Russian Federation) and public calls for activity aimed at violating the territorial integrity of Russia (Part 2 of Article 280.1). Read more in RBC.
Another case from legal practice: In St. Petersburg, the Kirov District Court sentenced city resident Olga Ch. to two years of suspended imprisonment with a probationary period of one year for comments under someone else's post on VKontakte. Olga Ch. posted comments in the group "Piter Decides" that contained an incitement to use hostile violent actions. Read more in the online newspaper Neva.today.
No one is immune from being held accountable for their statements on social networks, so we advise you to be extremely careful in your statements and reposts.
Some statistics from the Judicial Department of the Supreme Court of the Russian Federation: since 2008, more than 3,000 people have been convicted of crimes against the foundations of the constitutional order and state security (Articles 275–284):
news
Statistics of the Judicial Department of the Supreme Court of the Russian Federation (number of convicted persons)
While law enforcement officers fight against the presence of prohibited information, and intellectual property owners fight against plagiarism, social networks also provide tools that help copyright holders protect their content.
Social networks use preventive measures to combat illegal content.
For example, Facebook's user agreement contains the following clauses:
All content and information you post on Facebook is yours, and you can control how it's shared through your privacy settings and app settings. Before you post anything on Facebook, make sure you have the right to do so. Respect other people's copyrights, trademarks, and other legal rights. We're committed to helping people and organizations protect and enforce their intellectual property rights.
If we become aware of such content or behavior, we will take appropriate action, such as offering assistance, removing the content, blocking access to certain features, disabling an account, or contacting law enforcement.
Learn more about intellectual property rights compliance at Facebook.
The copyright holder will not be left alone with his problem. The social network will help the one on whose side the truth is. And if it is not you... then you will have to answer!
The social network Vkontakte also protects its users by deleting information at the request of copyright holders.
Case from legal practice: The social network Vkontakte blocked a fake public page about toilet paper from Naberezhnye Chelny. Access to the community was terminated at the request of the copyright holder. The page states that the group was blocked for violating the rights of third parties.
news
And another interesting case of how copyright can be protected at a distance:
In October, a Russian woman discovered that her website, photos, and product were being copied by a Belarusian citizen. The result of the confrontation was a case won in March 2018, the websites, domains, etc. became the property of the copyright holder, plus it was possible to collect good compensation. Read more in the emotional post of the victim on Facebook.
Step 3. Company information
A page on a social network is the same advertising platform as a website, which means that the law on advertising also applies to it.
Article 5 of this law describes the general requirements for advertising in the country. In particular, it contains a provision on what it should not be: unfair and unfair advertising is prohibited.
For your information, during the existence of the Law "On Advertising", its wording has been amended 41 times (8 times in the last year alone). It is not so easy to keep track of all the changes.
In this case, the fine for violating the requirements of the article (in accordance with Article 14.3 of the Code of Administrative Offenses of the Russian Federation), violation by the advertiser, advertising producer or advertising distributor of the legislation on advertising, is:
for citizens - in the amount of 2,000 to 2,500 rubles;
for officials and individual entrepreneurs - from 4,000 to 20,000 rubles;
for legal entities - from 100,000 to 500,000 rubles.
In addition, you cannot make incorrect comments about competitors on your page, borrow their content, or cite other people's projects as examples.
In accordance with Article 14.33 of the Code of Administrative Offenses of the Russian Federation, violation of the provisions of the competition law entails the imposition of an administrative fine:
for officials and individual entrepreneurs - from 12,000 to 20,000 rubles;
for legal entities - from 100,000 to 500,000 rubles.
Case from legal practice: UFAS recognized the actions of Ch.dd LLC as a violation of Part 1 of Article 14 of Law No. 135-FZ, which was expressed in the use of a group on the VKontakte social network implemented by Mir Tesen LLC for promoting its activities.
The FAS ordered the applicant not to allow the posting on the pages of the group administered by its members of information and graphic materials from other organizations operating in the field of exchange programs without informing that the information reflects the activities of other organizations.
The Federal Antimonopoly Service imposed an administrative penalty of 110,000 rubles on Ch.dd LLC for committing an administrative offense, expressed in the violation of Part 1 of Article 14 of the Law on the Protection of Competition, liability for which is established by Part 1 of Article 14.33 of the Code of Administrative Offenses of the Russian Federation. More details in the article on the information and legal portal Garant.
Step 4. Comments
Whoever you are - a group administrator or an ordinary user - you must adhere to simple rules of decency: do not stoop to slander and insults.
Firstly, these are punishable acts, and secondly, they carry reputational risks. You can verify that the law is being followed by reading court decisions. For example:
at the information posted on the public information and telecommunications network on
2. Obligate Bondarenko to refute the false information about IP Khomchenko that discredits the business reputation of IP Khomchenko, publicly disseminated in the specified message on the Internet social network in the community “black list Belgorod”
3. Collect from Bondarenko in favor of Khomchenko 30,000 rubles as compensation for moral damage and reimburse legal costs in the amount of 19,000 rubles for notary services and 25,000 rubles for legal services, as well as 12,000 rubles of state duty.
Step 5. Monitoring employee behavior
The scourge of this year is the dismissal of company employees due to their inappropriate behavior on social networks.