Leg 100 (Business Law)
Social Media plays a vital role in all aspects of businesses nowadays. It has helped in turning communications into interactive dialogues among organizations, communities and individuals which has led to a much proper propagation of information. It may include web based or mobile based technologies and the existence in multiple forms has made it all the more tempting and has become a necessity today in the business world.
The four characteristics of a legally astute manager, include an acceptance of how important the law is to the success of the organization, a proactive attitude toward legal issues and regulations the ability to use informed judgment when faced with decisions involving legal implications, and having the knowledge of specific laws, regulations, tools and resources. A social media marketing manager must be specific in these qualifications due to the fairly new concept of social media when comparing it to other avenues of marketing like television, print and radio (Franklin, B. ). Most company’s main goal is to keep its costs low.
Companies do so by creating their own logistics and distribution of their products. They have managed to reduce costs by demanding high productivity from their employees, but wages paid do not meet the demand. They have also pushed many of their suppliers to outsource their products so they can produce more at a lower cost. Wal-Mart as an example attempts to conduct business practices by the law, but over the years have been subjected to over 5,000 lawsuits ranging from discrimination to unfair labor practices, which means that members of the corporation may not be following the laws as stated.
There are also problems with suburban sprawl and lost jobs from outsourcing. List and analyze methods of alternative dispute resolution and determine which would be most effective in resolving genuine disputes that arise with consumers who may make purchases from businesses that provide links via social media. Resolving a dispute should always be thought out before any approach is attempted. The effect could sometime be more damaging than the initial problem. One should always consider the “what ifs” and the “if this, then what.”
I personally have always been the type to give thought before reacting. Always begin to solve a dispute through negotiation. The dispute being between two people in a group, the first step will be: negotiate before the issue has to come up again. If the dispute is still unresolved then we will move to the next step. The second approach will combine negotiation and mediation. Always pick a team leader and rely on the team leader to be the mediator for the dispute between the two team members, so that they can negotiate their dispute.
If the team leader is one with the dispute, then we will rely on the next appointed leader to mediate the situation. If there is no progress with the dispute, always follow-up try to resolve it through mediation or arbitration. This step dictates that: The leader of the group will take the dispute to the appropriate leader; there the leader will take the proper course of action needed for this dispute to be resolved. If the dispute is manageable, the leader will be able to mediate and will not need to take forceful action. Mediation is also an informal alternative to litigation.
Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stock brokers. Since consumer transactions on social media can occur across state lines, determine how the federal government can best control these transactions.
It has often been seen that social networking sites such as Facebook, MMS, Twitter, and etc. become a media in spreading propaganda through video clippings and messages of incidents with communal overtones – instigating hatred among various communities leading to flaring up of the communal situation. In the present legal framework, control of such social networking sites is required to be done by central government. We are extremely lucky to live in a country where we have the freedom of speech.
I can’t even begin to fathom the thought of the government being able to control our right of free speech. The government definitely does not have the right to control social media; social media is a way to freely express your thoughts, opinions and ideas. One of the primary issues with how the state seeks to control social media, or technologies overall, is that they are coming at it in the wrong direction. It seems that existing policies are simply being updated to be made to apply to social networking, when in fact what is needed is a complete overhaul of the system when it comes to concepts such as copyright and privacy.
The fact is that these concepts will never be the same again. It is almost difficult to imagine that these concepts will exist at all in the future, as social technology has turned everything on its head. We’re seeing this come into fruition in the music industry right now, which is in a complete mess because old copyright laws that came into existence in the 1700’s are largely still expected to apply today. The issue of government control of data and users’ privacy is coming into the fore now because of the increasing amount of data that social networks hold on us.
And not only is this growing in volume, but also in type. It is no longer just about browsing history, but social platforms contain varying forms of data that give a complete make-up of our person. While this contributes to things such as targeted demographic advertising, which I am an advocate of overseeing irrelevant banner ads, the government of course needs to step in here. Social networks, as privately owned companies will naturally be motivated by what gives them the best profit margin. While this may occur alongside a desire to unite people.
We can only trust our governments to develop policies which don’t have this capitalist desire in mind. Yet what we’re seeing are policies that could seriously hinder the growth of the social networking industry (Pearson). Examine the three (3) branches of government and discuss which can effectuate the most significant impact on regulating consumer transactions via social media outlets. Support your decision. Our federal government has three parts. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).
The President of the United States administers the Executive Branch of our government. He enforces the laws that the Legislative Branch (Congress) makes. The Legislative part of our government is called Congress. Congress makes our laws. The Judicial part of our federal government includes the Supreme Court and 9 Justices. They are special judges who interpret laws according to the Constitution. (Brinkmann, R. , & Garren, S. ) I personally see the judicial court as being the most important and having the biggest impact toward social media.
If someone is getting sued by another individual about a post or picture that they may have posted on their personal social media site, the judicial court would oversee the case if the individual puts forth the freedom of speech fight. This being a constitutional right, the other individual would have to prove to the Supreme Court that what was written or posted was in fact un-constitutional and not just freedom of speech. Explain the agency relationship that exists on social media sites between the social media provider and businesses that utilize the site for advertising.
Online advertising, uses the Internet to deliver promotional marketing messages to consumers. It includes email marketing, search engine marketing, social media marketing, many types of display advertising (including web banner advertising), and mobile advertising. Like other advertising media, online advertising frequently involves both a publisher, who integrates advertisements into its online content, and an advertiser, who provides the advertisements to be displayed on the publisher’s content.
Other potential participants include advertising agencies who help generate and place the ad copy, an ad server who technologically delivers the ad and tracks statistics, and advertising affiliates who do independent promotional work for the advertiser. Social Media is a platform that is easily accessible to anyone with internet access. Increased communication for organizations fosters brand awareness and often, improved customer service (Zeff, R. , & Aronson, B. ). Social media marketing programs usually center on efforts to create content that attracts attention and encourages readers to share it with their social networks.
A corporate message spreads from user to user and presumably resonates because it appears to come from a trusted, third-party source, as opposed to the brand or company itself. I know the advertising works on social media sites, because I have seen something on the side and visited that particular site and actually purchased an item. I may not have even been thinking about purchasing that item, but after seeing it advertised or either on sale I was persuaded to go to the site and take a look.