Snapchat was arguably the first social media player to introduce the use of temporary/short-lived or "story" content. When others like Instagram and Facebook picked up on the tactic, it quickly became the new trend in the marketing sphere, boasting the highest engagement rates of all social content. But marketers may be missing a very important piece of the puzzle when using this tactic, that could put them in trouble with the law.
What’s happening now is the fact that since this content is so short-lived, marketers are not taking initiative to keep records of it like they would with other forms of media. They simply post a video to an Instagram story, and when it’s gone, it’s gone! This can can result in serious compliance fines, or costly litigation. Marketers in every industry are required to keep accurate records of all online content that has gone out to customers. Every post, picture, video, like, comment and even Facebook reaction now counts as an official business record that must be kept on file. According to the Federal Rules of Civil Procedure, and Federal Rules of Evidence, any of this content must be made readily available if it ever becomes subject to litigation.
What happens if a brand engages in false advertising but does so on a snapchat story that only lasts 24 hours and then disappears? Does it count? Yes, it absolutely does. Should an investigator, lawyer, or any member of the public request a copy of content that went out, how could an organization reproduce it?
While apps like Snapchat and Instagram have not opened their official APIs for archiving solutions to access and archive this content, marketers are still responsible for having copies of this content it in the meantime, and the following tips might be a good start:
It is also worth checking in on your record keeping process for the rest of your social media content. The following read might be a great refresher of the must-dos for gathering complete and accurate records of your online activity: 5 Online Record-Keeping Tips for Fast-Tracked Compliance in Any Industry
To recap, temporary online content is only growing to bring marketers endless engagement benefits, but failing to keep records of it is a risky mistake. Until archiving software is able to capture this content, be sure to take your own steps to ensure there are no gaps in your online recordkeeping.
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