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Social Media

Business LawLEG-100
Professor
Date






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Discuss the four (4) components of a legally astute social media marketing manager who
utilizes social media outlets for consumer transactions and how each component can mitigate the
risk involved in doing business in cyberspace.
As the prevalence of social media continues to rise, consumers are recognizing ways in
which social media can direct them to better sources for purchasing. As a result, businesses are
now jumping on the social media bandwagon at a rapid pace, embracing social networks to
achieve their marketing and business goals. The four components of legally astute social media
marketing manager are set of value-laden attitudes, proactive approach, the ability to exercise
informed judgment, and context specific knowledge of the relevant law and the appropriate
application of legal tools.
A set of value-laden attitudes about the importance of law can be sequential to a firm’s
success. The legally astute manger of any firm must know and understand the law and how it
affects the firm’s success with a can do spirit and open minded attitude (Bagley & Savage,
2010). This starts off with the manager being fully aware of the social networking Facebook
phenomenon and also a management team. Today’s society has grasped on to networking in far
more advanced areas than our beloved baby boomers time. As with the time, the ways of doing
business will forever keep evolving. It is important to stay afloat and keep up with the “joneses”
per say with an ethical, eager, willingness attitude and competent knowledge of the law.
A proactive approach to legal issues and regulations is a must in business. As with any
manager, it is very important to be proactive in business. Legally astute managers take
responsibility for managing their disputes and do not hand them off to their lawyers with a “you-
take-care-of-it” approach”. It is important for the legally astute manager to be knowledgeable of
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the laws and regulations not just for the social media network the firm is utilizing but also the
company’s as well. Clear communication is important when conversing with the firm’s
attorneys if you do need assistance or guidance. It also aids in completing task and being a team
player when the manager has a proactive approach.
The ability to exercise informed judgment when managing the legal aspects of business is
not wanted but needed to succeed. The legally astute manager understands that managing the
legal aspects of business with an informed judgment is highly required and a skillful necessity
(Bagley & Savage, 2010). The astute manager must make the best informed decisions for the
firm’s success with unbiased opinions or personal interests on Facebook. This is very important
and the manager must know when and where to cross the line and know the risk involved with
social media.
Context-specific knowledge of the law and the appropriate use of legal tools can help
keep a business informed and on their toes. The legally astute manager will be well versed in the
specifics and law of each social media networking site. If the manager is not confident in all
areas, this is when the management team steps up and assists the manager in the appropriate use
of the legal tools. Legal tools can be the greatest relevance to a manager this will vary with the
firm’s overall strategy, its external environment, and the stage of development of the business.
Each of these components can mitigate the risk involved in doing business on cyberspace
by implementing all of these components when on any social media site. All four of these
components work simultaneously in assisting that the laws and regulations are best used on these
network sites. This rotation will bring continued success when utilizing social media outlets for
consumer transactions with low risk involved.
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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.
Alternative Dispute Resolutions (ADR) between people or groups can be either done by
arbitration or mediation. An arbitration process for resolution of disputes is the process of
resolving disputes between people or groups by referring them to a third party, either agreed on
by them or provided by law, who makes a judgment
Mediation is an informal and confidential way for people to resolve disputes with the
help of a neutral mediator who is trained to help people discuss their differences. The mediator
does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties
work out their own solutions to problems.
Arbitration would be the best way to resolve disputes arising from consumers who make
purchases from businesses via social media websites. Reasoning for this choice is it needs to be
a third party that has an unbiased opinion and does not show favoritism. This is important
because the social media website is not always going to be in the wrong and a neutral party
should resolve this matter in an effective, genuine outcome. There are now online alternative
dispute resolution companies that are now in affect to combat a lot of issues that arise.
Since consumer transactions on social media can occur across state lines, determine how
the federal government can best control these transactions.
The federal government could control transactions on social media by setting parameters
and enforcing them online as well as offline. Courts are not likely to be the primary resolvers of
most small and medium-sized disputes occurring in cyberspace. The majority of e-commerce
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disputes involve online dispute resolution (ODR) providers. Courts are too expensive and time
consuming. The legal system can set online laws in place by making these social media sites
responsible to some extent this will lower the disputes between consumers. Consumers need to
band together demanding that their best interest should be inconsideration when setting
regulations for social media transactions. Research, review and respond to blogs, chat rooms,
and surveys, will assist other consumers before they make a purchase online.
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.
The three branches of government created are The Judicial Branch, The Executive
Branch, and The Legislative Branch. In examining the creation of the branches of government it
has become apparent all three are needed to establish a balance of power.
Judicial branch determine when a law is unconstitutional. Judicial branch establish the
jurisdiction in which a case is heard. Judicial branch has the responsibility to administer
Constitutional law and to apply it to constitutional disputes. Judicial branch establishes the
disposition of prisoners. The judicial branch determines policies, laws through the appeals
process. The judicial branch has the ability to oblige testimony and compel evidence as the law
provides. Judicial branch supervises and control members of the judiciary
Executive branch safeguard and uphold the laws of the Constitution. Executive branch
uphold and ensure the laws of the United States are followed. Executive branch has the power to
veto laws but Congress has the power to override a veto. Executes the spending authorized by
Congress Executive branch has the ability to declare states of emergency and issues directives
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and executive orders. Executive branch carry out the orders of Congress. Executive branch
appoints judges. Executive branch ensures the orders of Congress are carried out in times of war
or laws regarding the military. The executive branch has the ability to grant pardons for crimes
against the United States.
Legislative branch creates laws and Amendments plus the legislative branch has the
power over all the money spent. Legislative branch can create or change taxes, spend funds on
defense of the nation and establishes the national budget (Sessions, 2012). Legislative branch
has the power to declare war. Legislative branch has the responsibility of supervising,
investigating and creates laws for the officers of government (Sessions, 2012). Legislative
branch ratifies treaties. Legislative branch has the power to confirm those of the President's
appointees. Legislative branch appoint judges to the Supreme Court.
Legislative branch of government can have the most significant impact on regulating
consumer transactions via social media outlets. While the current governance is managed and
mandated by the legislative branch of the government, all three branches play a part in the
operation of an online business through a social media format. The laws are set into motion
through the legislative branch of government, and are ratified by the representatives of the
Congress and Senate. Any issues with interpretation and constitutional infringement by the laws
and regulations are evaluated by the judicial branch, at either the local or federal levels, with the
involvement of the U.S. districts and Federal circuit courts, all the way up to the Supreme Court
of the United States. They are the final say in any proceeding. The executive branch enforces
the laws that are written by the legislative branch. For all of these aspects, the most important
branch of government that can exercise any control of social media marketing would be the
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legislative branch. The regulations established by this branch are critical to the proper
administration of a business plan.
These regulations can be as simple as a standardized price for an item or service, to
something as intricate as the development of a trade agreement with another foreign country.
The FTC works with the legislative branch to ensure compliance is met for all items sold, and if
there are violations, there can be corrective disciplinary action taken against the perpetrator or
perpetrators (Federal Trade Commission, 2012).
Explain the agency relationship that exists on social media sites between the social media
provider and businesses that utilize the site for advertising.
Agency’s relationship that exists between social media providers and businesses ranges
can be different depending on the business. Most networking sites generally have terms and
conditions for utilizing the site and the content you will be displaying. This is typically the case
with all websites. That is why it is important to read the fine print. Businesses are responsible
for their post or advertisements on a social networking site and the site is responsible in making
sure the content is not breaking the law (Savitz, 2012). They expect for all content to be
personable, respectful and constructive. Services should be properly administered and monitored
by a legally conscious group of personnel that ensure that all operations within the confines of
the website are in compliance with federal regulations. Providers are well aware of the
legislative actions that are being placed against its operations and will ensure that these efforts by
the regulatory committees are met with resolve and strict adherence. Essentially, the earlier that
a company understands the social media impact, the brighter the future of the business will be.

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Reference
Federal Trade Commission. (2012, May 05). About the Federal Trade Commision. Retrieved
from http://www.ftc.gov/ftc/about.shtm
Savitz, E. (2012, December 11). 5 ways social media will change the way you work in 2013.
Retrieved from http://www.forbes.com/sites/ciocentral/2012/12/11/5-ways-social-media-
will-change-the-way-you-work-in-2013/
Bagley, C., & Savage, D. (2010). Managers and the legal environment. (custom ed.). Mason:
Cengage Learning.
Sessions, P. (2012, May 09). About the Committee on Rules. Retrieved from
http://www.rules.house.gov/singlepages.aspx?NewsID=1&RSBD=4
White House. (n.d.). Our Government. Retrieved January 25, 2010, from The White House :
http://www.whitehouse.gov/our-government