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ARTICLE · 10 SEPTEMBER 2012

Getting caught in the social net(work)

Carroll & O'Dea
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Anyone using social media for marketing may be held responsible for that content and for comments about that content.

AustraliaMedia, Telecoms, IT, Entertainment
Patricia Monemvasitis
Patricia Monemvasitis
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Advertising Standards Bureau finds Foster's and Smirnoff liable for third party comments on Facebook pages.

In two practically identical complaints lodged in relation to the Victoria Bitter and Smirnoff Vodka Facebook pages, the companies were accused of breaching the Advertising Code ("the Code") by depicting irresponsible drinking, sexism, racism, excessive consumption and people under the age of 25 drinking alcohol.

The Advertising Standards Board considered that "the Code applies to the content generated by the advertisers as well as material or comments posted by users or friends." This effectively makes companies responsible not only for the material they put out, but the way in which the public engages and reacts to the advertisement.

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