social media marketing

The use of social media for marketing and networking purposes is one of the fastest growing areas for businesses. Many businesses, both large and small, are either actively involved in Twitter, Facebook, Flicker and other social media sites and/or have set up their own blog or they are rapidly having to decide how to participate. If nursery operators have not already joined in, it is something that is worth considering. There seems little doubt that social media is here to stay. Whilst it can be very useful there are, however, a number of things to bear in mind.

Many nursery operators have websites and, in technical terms, it is not a particularly big step to create a blog or an area for comments. If you are going to allow some form of interaction, though, make sure that you have appropriate terms of use for those wanting to participate. In particular, you need to be aware that you may be held responsible for content posted by users that may be disparaging or defamatory and you can find yourself liable if someone posts content that is in breach of a third party's intellectual property rights. Terms relating to your blog or any posting should try to minimise any risk of the posting's defamatory or infringing comments. Make sure you reserve the right to take down content at your discretion.

You also need to consider whether you are going to moderate the content. The more moderation you apply the more at risk you are if a defamatory comment slips through the cracks. However, if you do not moderate at all and so have no knowledge of any defamatory content you might not be responsible for it, but there may be a risk to your brand and your reputation if the blog or postings get out of control.

Whether you decide to have your own blog or whether you participate in Twitter or one of the other online social media sites, you need to bear in mind that this is a new type of engagement and one that allows the public to answer you back. If you are going to get involved, then you need to be prepared to engage.

If a comment that is adverse to your setting is posted on one of the social media sites, what can you do about it? If it is defamatory you may be able to take legal action. But be careful. Sometimes, the action purely fuels the flame and you inadvertently glean greater publicity to the adverse comment than you intend.

points to note

  • Social media is here to stay and it is worth understanding its benefits to you as a provider.
  • If you are going to create a blog or allow postings on your website make sure you devote sufficient time to the site so that it works in your favour and not against you.
  • If you want to become a thought leader in your field of expertise, social media is one way to do it – but be prepared for others to answer back.
For more information, contact Mary Chant, partner and head of Blake Lapthorn solicitors' Health and Care group in Southampton on mary.chant@bllaw.co.uk or call 023 8085 7043.