We’re following the leader…or are we?

2012-02-14 11:10:57 by Jenni

Social media offers the opportunity to research potential new business, keep up to date with the latest industry news, and find out exactly what that journalist has been up to whilst they blissfully ignore your phone calls. As any Twitter user will understand, you often find yourself following individual users that tweet on behalf of a company, rather than the company itself, particularly if you have built a working relationship with them.

But what happens when that person decides to leave the company? Who becomes the legal owner of his or her followers, and how do you determine if they were interested in following the company or the individual?

A US site hit the headlines recently after it announced it was suing a former employee for ‘stealing’ company followers, after the brand name was removed from his active account and he took 17,000 company followers with him. According to the lawsuit, the company valued the followers at nearly $350,000, taking into account the “costs and resources invested into growing followers, fans and general brand awareness through social media”.

So what should companies do to protect themselves against ‘follower theft’? In the UK, there is no clear-cut law on a brand’s legal position in regards to social media relations. Policies vary according to company, so it is important that you pick one that suits both you and your staff.

Asda has a social media policy in place that ensures any Twitter account with the supermarket brand name is considered property of the company. Nick Agarwal, strategic communications director, explains: “Our policy is if someone leaves, then the Twitter feed is either closed or moved to someone else in the team”.

Intel encourages employees to become “active social media practitioners” on its behalf but ownership remains with the individual. They discourage staff from using Intel in personal Twitter handles but requires them to disclose affiliation if tweeting Intel-related content.

As Twitter continues to grow, it is clear that companies and brands must address social media relations in terms of policing social media outlets, whether opting for an open policy like Intel, or taking ownership, as with Asda.

Mark Smith, media lawyer at Osborne Clarke, set out recommendations for companies as Twitter increasingly becomes an important communication tool. You can find out more about his advice here