Archive for year 2012
Sued for a Retweet: Being Snarky Might be Libelous
Dec 12th
By Kerry Gorgone, {grow} Contributing Columnist
Can an innocent re-tweet get you into legal trouble? Absolutely, as thousands of Twitter users recently discovered.
Defamation laws in the U.K. are stricter than in the United States (although reform is currently underway) and Lord Alistair McAlpine intends to wield those laws against 10,000+ people who spread a false BBC story alleging that an unidentified Tory was a child molester. Twitter users quickly began speculating that McAlpine was the subject of the piece, and he’s begun threatening those who shared the story with a libel lawsuit.
One click to retweet the story could cost a defendant tens of thousands of dollars, depending on the size of his or her audience. Apparently, counsel for McAlpine is using a tiered system, requiring small settlements and apologies from Twitter users with small follower bases, but increasing the demand from those with large followings.
How did this happen? It’s not as though those Twitter users who re-shared the story wrote it.
Twitter and defamation
Defamation works this way: you publish statements that tend to damage someone else’s reputation. “Publish” might mean you write and post the story, but it could also mean that you repeat it. Gossiping at the bar would be slander (spoken defamation). Retweeting could constitute written defamation, or libel.
In the United States, it’s less likely that Twitter users would be found liable for sharing the story at issue here, because public figures (like Lord McAlpine, a politician) have a higher burden of proof in defamation cases under U.S. law.
Specifically, a public figure seeking to recover damages for defamation must prove “actual malice,” meaning that the defendant knew the story was untrue, or published it “in reckless disregard” as to whether it was true. In other words, you had reason to think it wasn’t true, but published it anyway.
Most people under this standard could be off the hook in the McAlpine scenario, as a reputable news source like the BBC would seem to be trustworthy, e.g. they would not be sharing the story “in reckless disregard” as to its truth, because they would likely assume it had been vetted by the major media company before publishing.
Will the law chill free speech?
In the case of private citizens, recovery for defamation becomes easier, although bringing suit opens a proverbial can of worms: the plaintiff would subject himself to discovery (the process where the defense can search for evidence to prove the truth of the allegedly defamatory statements). Anyone would balk at the level of exposure inherent in the litigation process.
In the U.K., however, the burden is on the defendant (the retweeter) to prove the truth of the statement. This is costly, not to mention a virtual impossibility in most cases, as retweeters generally have no actual relationship with the subject of their statements.
Libel lawsuits both abroad and in the U.S. have chilled online speech among those who’d prefer to avoid court costs (everyone!).
Here’s a tip to provide an ounce of prevention: Type “allegedly” in front of the potentially defamatory statement. It takes two seconds, and it could spare you legal headaches, not to mention save you thousands of dollars. Allegedly.
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone
Can’t miss social media books for your Christmas list
Dec 11th
There are SO MANY books out there on social media. Too many, to be honest. And most of them cross my desk. So to cut through the clutter and help your holiday shopping, I’m providing a succinct view of a few notable new books by highlighting:
- Why the book was written
- The best and worst things about the book
- A Zappos alert. If you are as sick of hearing about Zappos social media case studies as I am, you will appreciate this feature. I have suggested new international regulations through the U.N. stating that every book should have a Zappos warning on the cover disclosing what percent of the book contains Zappos. Short of that, you’ll have to rely on my alerts.
Here are a few notable new titles that deserve a place on your radar screen:
Why was this book written?
Lee begins to nudge the digital marketing space away from traditional views of SEO toward a more holistic marketing view of “optimization.”
The best thing about the book is …
Optimize is one of the most important marketing books of 2012. I took pages of notes from this thing. Nobody knows his craft better than Lee and this is a great opportunity to get inside his mind.
The worst thing about this book is …
This is NOT for beginners. It is a very dense book and Lee starts dropping words like “long tail theory” early on without explanation.
Buy this book if you’re …
Ready to think about digital marketing on a new level.
Zappos Alert: This book is Zappos-free. No shoes were harmed in the making of this book.
Likeable Business: Why Today’s Consumers Demand More and How Leaders Can Deliver
By Dave Kerpen with Theresa Braun and Valerie Pritchard
Why was this book written?
That’s like asking why they would make another Batman movie. Dave’s first book Likeable Social Media was one of the best-selling social media books of all-time.
The best thing about this book is …
It’s just so darn … likeable. Dave is a great story-teller. Any book that begins with a tale of a how a dying father is saved through a Facebook complaint has my attention!
The worst thing about this book is …
The book is basically a summary of the business imperatives that are pretty well-known by now: Listen to your customers, authenticity, transparency, yada, yada, yada. But this stuff still sells and I’m sure this book will be another big hit for Dave.
Buy this book if you’re …
Somebody who has no idea why your company needs to adjust to the consumer-driven economy and embrace a customer-centric organization.
Zappos Alert: Not only does the book highlight Zappos, it also features Comcast, BP, Whole Foods, and United Breaks Guitars. Take cover. It’s a hailstorm of over-used case studies! In fairness, Dave also shines a light on many new, wonderful, and delightfully-relevant company tales.
Amazing Things Will Happen: A Real-World Guide on Achieving Success and Happiness
Why was this book written?
C.C. is one of those unique people who is both left-brained and right-brained. He’s am-brain-dextrous. In this book of essays, he shares his home-spun wisdom for jump-starting your life and business.
The best thing about this book is …
Although not technically a social media book, C.C. is one of the most accomplished speakers and writers in the digital marketing field and so I am going to pay attention to anything this man says. This is a highly-accessible book that you can read in one sitting and feel a little more pumped up about the possibilities of life. C.C. is a gifted story-teller and you will smile constantly as you read it.
The worst thing about this book is …
Some of the advice is pretty well-worn. ”No more saying I can’t.” “Follow your passions.” “Follow the path less traveled.”
Buy this book if you’re …
Considering a new path or a new start for 2013. C.C. provides solid, practical and actionable advice to help you reflect, prioritize, and become inspired to drive to the next level. It’s a little gem of a book for a kick-start.
Zappos Alert: I could not find a Zappos reference in the book. Good job C.C.
Why was this book written?
I don’t know. In his cover note to me, Jeremy admits that “you probably already know 96% of what is in here.” There is already a tsunami of basic social media books out there but Jeremy does add an enjoyable take to the swollen social media library.
The best thing about this book is …
This is a legitimate social media primer and an excellent place for a beginner to get an overview from an experienced practitioner. Going Social contains many “ripped from the headlines” case studies as well as “guest posts” from other social media practitioners which provide a fresh take on the subject. This is a fast-paced, entertaining, and accurate book. It is one of the first books to include coverage of social influence and blogger outreach as a core competency.
The worst thing about this book is …
The book is a worthwhile read but sits in a netherworld. It is neither a basic how-to guide, nor deep enough to take you though an integrated social media strategy development.
Buy this book if you’re …
Trying to understand the basics of social media. It’s easy to read and Jeremy is a braniac who absolutely knows his stuff. Experienced marketers will enjoy the dozens of new case studies.
Zappos Alert: Zappos is mentioned not only once but twice in this book. Danger! Danger!
Smart Business, Social Business: A Playbook for Social Media in Your Organization
Why was this book written?
If I had to re-name this book, I would call it “Beyond the Like.” This is a bold manifesto for the social organization.
The best thing about this book is …
This is a book that the marketplace really needs right now. While books like The NOW Revolution and Marketing in the Round
call for dramatic organizational change, this book actually starts to explore HOW that is to be accomplished. Brito’s book examines the most important, and over-looked, aspect of social media success — a culture that supports it. It’s a mind-bending and important book.
The worst thing about this book is …
You can’t skim it. I realize that this is not really a negative but it might be for some people. This is a book that is jam-packed with wisdom and each chapter builds on the previous one. You won’t want to skip anything. Also a minor thing. I suppose to save production costs every business book published by Que has the same dull layout. Very blocky, and gray. Hire a designer fellas.
Buy this book if you’re …
Tired of the social media re-hash. This is next-level thinking.
Zappos Alert: The online retailer is prominently featured and even has its own subheading. Is Tony Hseih paying for these placements?
Social Media Commerce For Dummies
Why was this book written?
Because this subject really has not been covered thoroughly in a book before and Marsha Collier knows what she’s talking about.
The best thing about this books is …
Marsha holds your hand through the basic set-up of a variety of social media commercial opportunities. The book is usefully organized by
- Prepping for social media commerce
- Adapting your web presence
- Casting for and catching customers
- Supporting social media efforts
The worst thing about this book is …
I am just not a fan of the “Dummies” format. There are so many icons, sidebars, references, and illustrations shouting at you on each page that it’s like trying to follow a Twitter chat on paper.
Buy this book if you’re …
A small business owner trying to figure out how to transition your current web presence into social commerce.
Zappos Alert: Page 62 is basically devoted to Zappos, including a photo of CEO Tony Hseih. Stop the insanity!
And while you’re looking for awesome gifts for your favorite social media fanatic, why not consider these books that came from my heart and mind …
The Tao of Twitter: Changing Your Life and Business 140 Characters at a Time
This is the best-selling book on Twitter in the world. If you’re struggling with the confusing world of Twitter or want to take your mastery to the next level, Tao will help. It is certified Zappos-free.
Return On Influence: The Revolutionary Power of Klout, Social Scoring, and Influence Marketing
The first book to explore the emerging world of social influence marketing, Return On Influence is a fun, fast-paced business best-seller that will open your eyes to the possibilities of igniting your power on the web. It has been favorably reviewed and featured on the CBS Morning News, The Wall Street Journal, National Public Radio, and many other media sites. My favorite chapter of the book features dozens of case studies on how companies are making social influence work for their businesses. All of the case studies are original and none of them mention Zappos!
Disclosures: All of the links are affiliate links. I received “Going Social,” “Social Media Commerce,” and “Likeable Business” free from publishers.
The results are in: An experiment in social influence
Dec 9th
As many of you know, I recently asked fans of {grow} to support a charitable cause through a post entitled “The kid who wanted a door for Christmas.”
I’d like to examine the results of this appeal as an example of “social influence” in action. What happens when a blogger asks his audience to do something beyond clicking a “like button?” What happens when a social media audience actually has to commit to an action and open a wallet? What can you learn from this example that will help you ignite your own business or charity?
The results from this blog post provide a fascinating lesson and case study:
The business situation
Asking for money on the Internet is a notoriously difficult proposition. In short, it usually doesn’t work.
I document this extensively in my book Return On Influence and point to several examples where even celebrity-level influencers could not move the needle and create real action through tweets to their vast audiences.
The reason for this failure is that most social media connections are very weak relational links. Sure, we might be willing to help somebody out by clicking a “like” button or sending a tweet … but opening our pocketbook? No. It doesn’t happen.
So, going into this project, I knew this was a very risky proposition. Based on my own research and knowledge of the subject, I knew that there was a good chance my appeal would fall flat. Perhaps I would even be publicly embarrassed. Still, this was a worthy charity in need, so I decided to take a risk and ask for help.
Let’s look at what happened.
The results
So far, my appeal to help the Amachi charity resulted in 92 individual donations totaling $4,352 (excluding the PayPal fees). I consider this an extraordinary result since this total is not inflated by “friends and family” donations. The total I am reporting represents the new value I created for Amachi by establishing an effective social media presence and creating new connections that did not exist prior to the time I started blogging in 2009.
But we need to take a much closer look at the results to really discover the true nature of social influence.
Here’s an indicator of what we’re up against. My blog post was tweeted 446 times but only 92 people actually made a donation. So the reality is, 354 people encouraged others to donate without donating anything themselves.
Let’s peel the data back a little more by dividing the donors, to the best of my ability, into “strong” connections (people who are known fans of {grow} and regular contributors to the community) and “weak” connections (people I do not recognize from the blog who possibly donated via a tweet about the article or a Facebook post).
Here is the breakdown of strong connection versus weak connection donors:
I am pleasantly surprised that as many as 30 people could have come across the blog via Twitter and donated to the cause. I think the number is actually much lower because I’m sure some of the donors in this category are actual readers of the blog who I don’t recognize. But nevertheless, about one-third of the donors were people who do not have a personal relationship with me, which is pretty cool.
Here’s a second indicator of how the weak connections represented by social media “friends and followers” is not a very actionable group of people.
A couple social media heavyweights with more than 100,000 followers (and even more than 500,000 followers!) heavily tweeted my post to try to help. I estimated they generated more than 3 million Twitter impressions. Here is how many donors this activity generated: ONE.
So the “celebrity influencer” conversion rate on Twitter was 1 out of 3 million possible impressions. Sad, but not surprising.
Digging even deeper, we see that the strong relational connections from the blog community had a powerful impact on both the number of donations and the average amount of the donation:
Conclusions
Content is power
One premise behind Return On Influence is that the ability to create content that moves through the Internet is a legitimate source of power. In fact, this is the ONLY source of influence I have over most of you. It’s probable that you only know me through my content that is shared over social media platforms and, through time, you have come to trust and like me enough to act on a personal request.
Think of the incredible potential we all have here. From a standing start in 2009, I have been able to create a global community that responded to an appeal in one blog post and contributed $4,352 in 48 hours. It took hard work to get to that point, but you have that opportunity — that power — too.
The real power is in strong connections
Not all social media fans and followers are created equal. As this example suggests, the real power of online influence comes through the strong connections created over time through the personal interactions on a blog or other community. If you want to create personal power on the web, you need to build an engaged and loyal group of advocates, not just a big number of Twitter followers. The numbers don’t matter as much as the relationships.
The critical importance of reciprocity
Another tenet of Return On Influence is the power of reciprocity (re-paying favors). My friend Jay Baer states in the book that reciprocity is the engine that powers the economy of the social web. As I look at who gave the biggest donations — yes, I’ve done many of them favors along the way. I had built up a bank of “social capital” and my appeal for donations was an opportunity for those folks to return those favors.
This is not something I planned or manufactured. I help people every single day without an expectation of reciprocity because I enjoy doing that. I’m not sure you can have a reciprocity “strategy.” You just have to be kind to people.
Where Klout fails
Klout, Kred and the other social scoring platforms provide an indicator of a person’s relative ability to create content that moves on the web. That’s an extremely important “leading indicator” of power because without that consistent presence you will never influence anybody on the social web. In other words, you can’t be an online influencer if you can’t move content. That stream of content to your followers creates the consistent, small “provocations” that eventually lead to those critical strong relationships that will take real action.
However, Klout does not dig deep into blog communities and other forums where the strong links are born, and until they do, they cannot really grasp the “actionable connections” powering the web. This is changing, however. For example, the start-up Appinions has patented technology that analyzes data across an incredible 5 million online data sources – including blogs, forums and traditional media – to create a glimpse of content in context. This represents the real future of social influence measurement and offers mind-blowing opportunities for marketing insight.
Your action plan
If you are an individual, company, university, or non-profit, your ability to create measurable actions across the weak links of social media platforms are negligible. Remember … I had one conversion over 3 million impressions. In terms of igniting “weak links,” I could have probably had better results taking out a Facebook ad!
This is a glimpse of the limits of “influencer” outreach. The donations didn’t come from somebody else’s vast community. They came from the strong relationships in my own community, which were built by delivering a lot of helpful content, engagement, and authentic helpfulness over several years.
There is a lot of potential to build awareness, social proof and validation through influencer outreach. But don’t overlook the need to do the hard work and build a real community for your brand.
The role of social media in the marketing mix is to consistently provide provocations through content that lead to that type of genuine, actionable community. Over time, you then have an opportunity to turn that work and “social bank” into loyalty and even passion for your brand or cause. And only then will the wallets open.
I’ve covered a lot of ground today on a rather controversial topic. What do you think of this example of social influence and my conclusions?
And by the way, if you missed the article and would like to help me support a charity that is turning lives around, you can learn more in my original post. Thanks again to all who have been so supportive and generous!
Update: If you are just stumbling on to this post, the final total raised was $5,900. but if you care to donate, I will leave this Donation button “on” in the original post => Here.
Also, when I delivered our first check to Amachi, Elijah and I visited the Amachi Office with the surprise donation. You can watch the video here: Amachi video.
Illustration courtesy BigStock.com
Buttbook. A {growtoon}
Dec 7th













You’re in marketing for one reason: Grow.
Grow your company, reputation, customers, impact, profits. Grow yourself. This is a community that will help. It will stretch your mind, connect you to fascinating people, and provide some fun along the way. I am so glad you’re here.
-Mark Schaefer

