What are the risks of telecom marketing?

Irrationality under the upsurge of social media

The rise of social media provides more space and opportunities for enterprise marketing. From foreign Facebook and Twitter to blogs, Sina Weibo, Tencent Weibo, WeChat, Renren.com, QQ Space, etc., the openness, rapidity and a lot of attention of these platforms have brought good news to enterprises, making enterprises become the focus of public attention faster and easier, and at the same time making enterprises directly face all kinds of unpredictable and uncontrollable potential risks. These risks mainly come from insufficient understanding of copyright law and lack of vigilance against social media management. Under normal circumstances, enterprises are not allowed to build new buildings without authorization. For example, a company sent Weibo unauthorized use of 17 copyright pictures and was sentenced to 50,000 yuan; Wechat WeChat official account, a company, was sued for publishing original works marked as not allowed to reprint without authorization, infringing the original author's copyright. In addition, at present, platform providers such as WeChat and Weibo have issued regulations for many times to strengthen the protection of the rights and interests of original content and regulate the copying and reprinting of content. Relevant state departments, some professional third-party institutions and industry associations have also actively joined the team of supervising and protecting intellectual property rights. In addition, social media is also the hardest hit area for infringement risks such as false information, privacy disclosure and reputation infringement, which deserves special attention of enterprises.

Article 3 of China's Copyright Law classifies works that citizens enjoy copyright into nine categories: 1) written works, such as articles, works, translations, novels, poems, etc. 2) Oral works, such as speeches, reports, rap, etc. 3) Music, drama, folk art and dance works; 4) Artistic and photographic works; 5) Movies, TV and video works; 6) Engineering design and product design drawings and their descriptions; (seven) maps, schematic diagrams and other graphic works; 8) computer software; (9) Other works as prescribed by laws and administrative regulations.

According to Article 2 of China's Regulations on the Protection of Information Network Communication Rights, any organization or individual who provides other people's works, performances, audio and video products to the public through the information network shall obtain the permission of the right holder and pay remuneration. According to the current legal norms, articles reprinted by WeChat official account without authorization, clearly indicating the author and source, do not infringe their right of authorship, but still infringe their right of information network communication. If we not only do not label the author's source, but even pretend to be the author's original work, it will not only infringe on the copyright property right of the relevant information network communication right, but also infringe on the related spiritual rights such as the right of signature.

In other words, enterprises are not allowed to spread, publish, edit and tamper with unauthorized pictures, written works and music works in social media marketing. In the daily marketing management of enterprises, it is necessary to formulate the risk pre-judgment and management system of social media, train and educate marketing personnel in strict accordance with the established operating procedures, and submit external works that may involve copyright for pre-examination, so as to avoid omissions and potential brand risks to the greatest extent. This point also needs to attract enough attention for enterprises that outsource the management of corporate official social media to a third party, because even if you don't actively participate, you may not be able to stay out of trouble if something goes wrong.

Competitors launch marketing provocations.

Whether it is a double 1 1 hug, or the confrontation between Xiaomi and Meizu, Gree, LeTV and other manufacturers, or "BeatU!" The debate on Uber initiated by Shenzhou has been going on for some time! I'm afraid of black cars. In the enterprise ecosystem, there is always a variety of drama between competitors and peers. Some enterprises may be born with provocative factors, and some enterprises may want to tear up marketing hype, with the aim of being like a mirror on both sides. The best way for enterprises to deal with the challenges from competitors is naturally to use legal means. If they decide to compete in marketing activities, they need to be carefully considered. Marketers should closely understand the background of their own enterprises, such as environment and industry, corporate culture, principles of doing things, competitors' strategies, marketing bottom line, etc. And consider the possible legal consequences and subsequent internal accountability issues. In addition, marketers must have a pre-planned response to their foreseeable marketing challenges from competitors, rather than being impulsive or panicked.

Sensitive areas of brand recognition and advertising

The Internet and new media have created many new stars, such as draft stars, online celebrities and social media tuba. Star stars such as Weibo, WeChat, and the famous Big V have also become hot spots for enterprises to publish marketing advertisements and brand endorsements because they have a large number of high-quality fans who are active, sticky, and love to share and comment. For marketers, choosing corporate spokespersons has always been very cautious, not only considering whether the spokesperson image matches the brand style of corporate products, but also preventing the potential risks brought by negative news and emergencies that violate brand behavior. Whether inviting spokespersons or publishing brand advertisements, we should always pay attention to national laws and regulations. Recently, the US Federal Trade Commission has updated its endorsement guidelines, including social media, stipulating that the basic rules of endorsement must be true and based on the actual experience of the spokesperson, and the spokesperson must disclose any special relationship with the product company and whether he has obtained anything valuable from the company. 1 year in September, China's new Advertising Law, known as "the strictest in history", was officially implemented, which clearly stipulated that:

1) Natural persons who publish advertisements from the media also need to bear corresponding legal responsibilities.

2) Publishing and sending advertisements through the Internet shall not affect users' normal use of the network.

3) Advertisements posted in the form of pop-ups on Internet pages should be marked with a closing sign to ensure one-click closing.

4) Absolute terms prohibited in national, superlative and best advertisements will be fined from 200,000 yuan.

5) It is forbidden to use military flags, military songs and military emblems in advertisements, which will endanger personal and property safety, reveal personal privacy, pornography and gambling.

6) It is forbidden to publish advertisements of breast milk substitutes in the mass media.

7) It is forbidden to publish tobacco advertisements in mass media or public places, public transport and outdoors.

8) It is forbidden to use minors under the age of 10 as advertising spokespersons.

9) It is forbidden to carry out advertising activities in primary and secondary schools and kindergartens, and it is forbidden to publish advertisements on textbooks, teaching AIDS, exercise books, stationery, teaching AIDS, school uniforms, school buses and other items. For primary and secondary school students and children, except public service advertisements.

10) Without the consent or request of the parties, it is forbidden for any unit or individual to send advertisements to their houses and vehicles. And send advertisements to them through electronic messages.

1 1) It is forbidden to use advertising spokespersons to make recommendations and certificates in advertisements for medical care, medicines, medical devices and health foods.

12) Except advertisements for medical treatment, drugs and medical devices, it is forbidden to use any other advertisements that involve the function of disease treatment, and it is not allowed to use medical terms or terms that easily confuse the promoted goods with drugs and medical devices.

13 It is forbidden for education and training advertisements to make express or implied promises about entering a higher school and passing the examination, express or imply that the relevant examination institutions or their staff and examination advisers participate in education and training, and use the names or images of scientific research institutions, academic institutions, educational institutions, trade associations, professionals and beneficiaries for recommendation and certification.

14) Advertisements for commodities or services with expected return on investment, such as investment promotion, are prohibited from making promises about future effects, benefits or relevant information, and explicitly or implicitly guaranteeing capital preservation, risk-free or guaranteed benefits.

15) It is forbidden to publish advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty, etc. and advertisements for online games that are not conducive to the physical and mental health of minors.

16) Prohibit/kloc-advertisements for goods or services of minors under 0/4 from containing contents that induce them to ask their parents to buy the advertised goods or services or may lead them to imitate unsafe behaviors.

17) managers of public places, telecom operators and internet information service providers should stop them from using places or information transmission and publishing platforms to send and publish illegal advertisements that they know or should know.

Big data "security and privacy" torrent

The collision of big data wave and new marketing technology has enabled enterprises to obtain more and more specific data about customers and their behavior history. This information provides technical support for marketers to analyze customers and conduct more effective and personalized marketing. However, as more and more enterprises begin to enjoy the benefits brought by big data, enterprises may also touch the sensitive nerves of users and public opinion in protecting information security and personal privacy. Although China has not yet enacted a special personal data protection law, laws and regulations on personal data protection are scattered in the Constitution, General Principles of Civil Law, Criminal Law, Tort Liability Law, Internet information service management measures, and decisions on strengthening network information protection. A few days ago, the Action Plan for Promoting the Development of Big Data issued by the State Council specifically proposed to strengthen information security and improve the industry standard system. However, it is still very important for enterprises to actively strengthen the protection of consumers' information security and privacy. According to Neustar's survey report, 63% of consumers will no longer trust brands that leak data; One year after the data leak, more than 50% of consumers still think it has a negative impact on the brand. 1/2 Consumers believe that security and privacy protection are very important for brand recognition.

The development of the data-driven era is the general trend. How to ensure the availability of user data and avoid the risk of user privacy in enterprise marketing? Although most enterprises analyze customer data not out of malice, they can even be said to give customers a better experience. However, as an enterprise, when mining, analyzing and using big data, it is still necessary to protect data security and user privacy into the marketing management category. For marketers, they need to have a strong awareness of consumer information security protection, understand users' complaints about information security, have legal awareness and have professional knowledge of data collection and analysis. In marketing practice, enterprises also need to convey to customers how they can ensure the safe, reasonable and transparent use of data, and give users full right to know and choose data.

Consumer groups "collective complaints and lawsuits"

Your customer base will be another source of risk that you need to manage and guard against. According to the European Times, with the assistance of the Lawyers Association, a law firm in Paris recently assembled a number of consumers to sue audi ag, which was caught in the "Diesel Gate" scandal. In China, LeTV Mall has also been involved in consumer litigation disputes because of the "Black 9 19 Fans Festival" promotion activities that failed to fulfill the contract as agreed. Maotai is also caught in a gold medal fraud storm, and lawyers recruit consumer class actions ... With the rising awareness of consumer rights protection, complaints and lawsuits from consumers, including products, services, advertisements and marketing activities, have become one of the biggest threats that marketers need to face bravely and properly handle. How to correctly handle the relationship between enterprises and consumers is a lesson that marketers must take. For example, if a children's food itself is a high-sugar product with limited protein content, the enterprise will promote it as a healthy product with high protein content, so as to attract more children and parents to buy it. As a result, consumers may complain that "false advertisements mislead customers". For enterprises selling weight-loss products, it is best to have detailed and objective actual data as the support for describing the effect in marketing, and don't exaggerate the effect. Remember, consumers can build a brand or destroy it. For consumer goods enterprises, it is easier to become the object of consumer complaints, so for potential class actions, it is even more necessary to take preventive measures in advance and formulate solutions.