You may have noticed late last year the AANA broadened their official definition of “advertising” beyond that of a paid-for message. To reflect the changes the Internet has brought about, they now refer to “marketing communication” activity as brands are now often engaging in two-way conversations, not just pushing messages one-way via ads.

Early this year CommBank’s CMO Andy Lark, an ex PR man himself, told PR agencies they risked losing their traditional area of expertise to digital experts and integrated agencies.

The issue for businesses isn't simply which external supplier or internal staff is running your social media. With new technology comes a lack of control over how customers choose to seek information and engage with you, which brings a new level potential for confusion. And just as there is confusion around whom within a company or it’s preferred communications partners should be in charge of the conversation, the laws we all operate under right now are equally confused.

Who is responsible for comments posted on your business Facebook page?

In response to an ACCC ruling and fine of a liquor brand for leaving comments on it’s Facebook page deemed to he inappropriate, the AANA extended the reach of its Codes to cover most forms of advertising and marketing communication over which the advertiser or marketer has a reasonable degree of control.

In two recent determinations dealing with brand-owned Facebook pages, the Advertising Standards Board (ASB) reflected the AANA’s intent and stated:

“The Board considered that the Facebook site of an advertiser is a marketing communication tool over which the advertiser has a reasonable degree of control and that the site could be considered to draw the attention of a segment of the public to a product in a manner calculated to promote or oppose directly or indirectly that product."

"As a Facebook page can be used to engage with customers, the Board further considered that the Code applies to the content generated by the page creator as well as material or comments posted by users or friends.”

While you may think this ruling is a bit rough, at least you know where you stand. Until this week.

The AANA at least gave clarity, we now have a contradictory new set of guideline by the IAB

“After a careful analysis of existing laws and regulation and industry practice around social media IAB Australia has reached the view that user comments directed towards an organisation or social media platform, or to other users who are drawn to a particular organisation, do not constitute advertising,”

According to Samantha Yorke, director of regulatory affairs at IAB, “There is a real risk that organisations who treat user comments as advertising will err on the side of caution and moderate user comments very conservatively, which will adversely impact their presence on social platforms and which arguably undermines the very spirit under which social media thrives,”

I wonder what a judge will say about a marketer’s immoderate management of a social media campiagn in a yet to be held ACCC hearing?

UNO is one of a small number of marketing communications agencies accredited by The Communications Council of Australia. We believe self regulation only works when all of our customers' messages within our control are held to the same highest standards of paid-for and signed-off ads, irrespective of whether published in a traditional, new or yet to be invented medium. At least that way our clients have minimised their risks, both known and unknown.