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Three Principles for Following Social Media Disclosure Laws on Wikipedia


This post was first published by the Word of Mouth Marketing Association.

Whether you’re reading WOMMA’s Social Media Disclosure Guide, the newly updated .com disclosures guide from the Federal Trade Commission or the FTC’s application of advertising and marketing guidelines to crowd-sourced websites, the message is clear: Readers must know when the source of their information is someone with a material connection to the subject.

FTC

But many reputable and honorable companies haven’t thought about how this applies to Wikipedia or constructed policies to ensure compliance like they have for Twitter, Facebook, and other sites. Wikipedia has become a dark-spot in otherwise ethical marketing programs, leading to frequent media humiliation, contentious relationships with Wikipedia, and even lawsuits.

A precedence-setting court ruling in Germany found that editing Wikipedia to promote your company may be an illegal and covert form of advertising, since readers presume the content comes from crowd-sourced, disinterested editors, and not those with a financial connection to the subject. They ruled that even though the company disclosed their financial connection on the Talk page of the Wikipedia article, the disclosure wasn’t prominent enough to expect Wikipedia’s readers to know the source of the communication.

Here are three principles every company should should adopt to ensure compliance with the site's guidelines, with astroturfing laws and to avoid controversy:

  1. All of Wikipedia’s content should represent the editorial judgment of volunteers that serve the reader’s best interest.
  2. Corporate communications on Wikipedia should provide value to the editorial community and its readers.
  3. Marketers should avoid being an advocate.

Represent the Judgment of Volunteers

The simplest way to ensure that Wikipedia’s content “represents the judgment” of crowdsourced volunteers is to follow the BrightLine concept introduced by Jimmy Wales, which suggests we avoid editing the article entirely. Instead, marketers should request corrections, offer content for consideration, and discuss controversies with the site’s editors like you would for any independent website.

Some common sense is needed. Correcting citation errors, grammar, and spacing is acceptable as a matter of common sense. In some cases, Wikipedia’s editors will insist the marketing person make an edit as a manner of taking credit for their work. While your authorship is not disclosed to the reader, Ethical Wiki believes this is compliant with the spirit of the FTC’s guidelines, so long as the site’s editors explicitly ask you to make the change.

Provide Value

Wikipedia being openly editable often creates a sense of entitlement to contribute and even control the page. Some in the public relations community have argued that PR professionals are just “another member of the crowd” and are thus entitled to contribute “just like any other volunteer.” This is vastly out-of-sync with the Federal Trade Commission’s point-of-view - that those with a financial connection must act differently than crowd-sourced participants.

Marketing participants don’t necessarily need to write content or even be neutral to be valuable to Wikipedia. Some of Wikipedia’s best articles on companies were written by me on a volunteer-basis with the help of public relations professionals that offered corrections, answered questions, donated images, and provided access to hard-to-get source materials. Just like we strive to deliver results for our client or employer by bringing value to influencers, the same is true on Wikipedia.

Avoid Advocacy

While there is nothing illegal or unethical about advocacy in the general sense, Wikipedia discourages it. Some marketing professionals may engage in advocacy unintentionally, because they have strong views about the subject. In other cases, it’s valuable to provide the company’s point-of-view under the knowledge that it will be balanced by other viewpoints. You may give the appearance of advocating, even if you do not intend to, so this principle requires good judgment.

It is often due to the appearance of advocacy, micro-managing, "hovering," and other tactics that create contentious relationships on Wikipedia and expose the organization to the risk of controversy.

       

German court finds direct Wiki-editing unlawful


describe the imageGall Pharma, a German nutritional supplements company, was fined €250,000 by the Munich High Regional Court for edits made to Wikipedia, according to the German Wikipedia's newsletter. The company's edits highlighted that their incense products were available in German pharmacies and elaborated on why their competitor's products were not, a contested claim that could influence buying decisons.

The German court found that:

    • The company's disclosure on the Wikipedia article's Talk page did not suffice, because readers can't be expected to see it
    • Readers have an expectation that Wikipedia is written by objective and neutral editors
    • Wikipedia is a form of advertising and content on the site may constitute an "endorsement" of a product
    • These edits constituted a form of covert advertising

The ruling may set a precedence on how the European Unfair Practices Directive is interpreted regarding the legality of Wikipedia astroturfing and it will be interesting to see if the US-based Federal Trade Commission has a similar interpretation of its own Endorsement Guides, which require marketing professionals to disclose their affiliation in online communications:

"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed."

Many Fortune 500 companies have - perhaps without considering the legal and ethical ramifications - written glowing product reviews on Wikipedia that are not far afield from Gall Pharma's editing. Additionally, huge swaths of Wikipedia's English articles on companies are written by the company's representatives anonymously. Are all these edits unlawful?

What it means for marketing

The news reinforces what EthicalWiki's position has been all along, that directly editing Wikipedia is - at the very least - ethically and legally ambiguous. Many PR professionals have been advocating against Jimmy Wales' "Bright Line" rule that public relations pros not directly edit Wikipedia. It turns out it may not just be his rule, it may also be the law.

That being said, like many of Wikipedia's policies and guidelines, the FTC's regulations have language that encourages common sense. I don't forecast companies will get fined for correcting grammar, removing vandalism or offering content for consideration. Rather the ruling re-affirms that Wikipedia is an atonomous site; that PR professionals are not correct to portray ourselves as just another member of the public editing; and that there are some disclaimers in Wikipedia being the site "that anyone can edit."

Marketing is not without recourse for improving our Wikipedia articles. According to Jimmy Wales, "using the talk pages, wikiprojects, notifying other editors on notice boards, coming to my talk page, emailing OTRS - these are all valid options that work successfully. Editing directly is extremely likely to prove embarrassing for your client."

Any contribution to Wikipedia of any size that is genuinely valuable to the site can be made in a format that leaves content decisions in the hands of impartial editors where they belong. EthicalWiki has overhauled controversies, re-written articles and made 5,000+ word contributions without ever touching the page.

The take-home message? Stop editing Wikipedia and start doing quality public relations and content marketing with the site's editors.

       

Bridging Legal & Marketing Teams on Wikipedia Policy


Today we published a report called "Finding Safety in Ethics" answering the proverbial question between legal and marketing teams: "can we edit our company's Wikipedia page?" The legal department knows that Wikipedia's conflict of interest guideline warns of "real-world consequences," and they've seen the headlines from inappropriate corporate participation on Wikipedia.

On the other hand, marketing knows that Wikipedia articles on our products, executives and brands are at the top of Google searches. Most of the time they're not up to Wikipedia's own standards. We can't ignore one of the world's most influential, most important websites.

Our report marks the first time credible and in-depth information has been published to help marketing executives and managers establish a corporate policy for Wikipedia.

The report includes a segment authored by a major contributor to Wikipedia's conflict of interest guideline on how corporations should interpret Wikipedia's advice. It also aligns corporate attributes with one of 5 Wikipedia engagement strategies. While the report doesn't support one approach over another universally, one takeaway is that more companies can find balance between risky behavior and ignoring Wikipedia by transparently collaborating with Wikipedia's editorial community.

       
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