Social media is still a relatively new toy for SMEs in Australia but more and more are jumping on the bandwagon. Often though, it is done in haste and with very little training.
For many business owners, it is seriously difficult to find the time to learn how to engage in social media properly, and others simply may not realise that training is necessary.
So why is training necessary?
Well, apart from learning the art of creating a social media message that will connect with your audience, you need to know how your social media behaviour can affect your business from a legal perspective.
You need to know what you can and can’t say or do, so that you comply with the relevant legislation, in this case, the Australian Consumer Law (ACL).
The ACL outlines rules that impact how you can portray your business, your products and your services on social media. It applies to all states and territories as part of a consolidated national framework under the Competition and Consumer Act, 2010.
What you need to know
Social media posts, comments, articles, images or any other form of expression are considered to be much the same as any other form of promotion and advertising. Therefore:
- You cannot engage in misleading or deceptive conduct; or
- You cannot make false or misleading claims.
At face value, this seems straightforward enough and reputable businesses would not engage in such conduct. It becomes murkier, however, when you realise that the business is responsible for all posts, comments, etc., made on their accounts including those made by visitors and users not directly connected to the business entity.
Let’s look at an example.
One of your Facebook followers uses your page to criticise a competitor’s product, stating information that you know to be false. In line with the ACL, the comment should be addressed by either acknowledging that the information is false and correcting it or (perhaps, more appropriately) deleting the comment entirely.
Go here for a list of all the types of social media practises that may breach the ACL.
How do you comply with the ACL
Awareness of the issue is always the first step. You, your staff or whoever is taking care of your social media presence, need to know what is acceptable under the ACL and how to spot posts or comments that may put your business at risk.
Each business needs to have a social media policy that outlines acceptable use and provide ongoing training.
Secondly, active monitoring of your social media accounts is critical so that you can take appropriate action when necessary.
By taking these two steps, you can feel confident that your behaviour on social media is squeaky clean and complies with Australian Consumer Law.
