Social Media

Social Media Business LawLEG-100Professor Date

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 firms success. The legally astute manger of any firm must know and understand the law and how it affects the firms 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. Todays 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 the laws and regulations not just for the social media network the firm is utilizing but also the companys as well. Clear communication is important when conversing with the firms 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 firms 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 firms 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.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 judgmentMediation 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 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 judiciaryExecutive 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 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 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. Agencys 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.

ReferenceFederal Trade Commission. (2012, May 05). About the Federal Trade Commision. Retrieved from http://www.ftc.gov/ftc/about.shtmSavitz, 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=4White House. (n.d.). Our Government. Retrieved January 25, 2010, from The White House : http://www.whitehouse.gov/our-government6