Is Your Content Legal? A Q&A with Al Tamimi’s Fiona Robertson

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If your content is in breach of the UAE’s laws, you may find yourself in the courthouse (maybe not with Matthew McConaughey, however).

There’s few people who know more about media laws that Al Tamimi’s Fiona Robertson, who has strived to raise awareness of legislation that impacts those working in communications and marketing. I had the fortune of sitting down with Fiona, to talk content. I started by asking, what is legal and illegal when it comes to content.

Fiona: All content must comply with the print and publications law, which was first published in 1980 and then expanded upon by and executive resolution in the 2000s. This law applies to all media, and how it is distributed, including online. The other law people need to be aware of is the Cybercrimes law of 2012.

These laws include a list of issues which are off-limits, such as criticizing UAE culture, the UAE government, Islam and any subject which could bring disrepute to the country. In relation to the Cybercrimes law, the penalties are stiff, with up to 500,000 AED in fines as well as jail terms. Anyone who is prosecuted and found guilty under the 2012 Cybercrimes law and who is not a national will be deported.

There was a case a couple of weeks ago where a media outlet didn’t obtain the correct releases for material. This material was published on a website, and the two hosts of the show were deported. When these laws are broken, there are serious consequences.

Q: Are enough publishers, brands or agencies aware of these laws?

Fiona: We don’t see enough awareness that people are concerned about this. We get to do pre-publication compliance review for foreign brands, who often approach us, but not for local brands. People don’t realize the laws are there, as they’re not well publicized.

Q: Who oversees these laws?

Fiona: It’s the National Media Council, and Telecoms Regulatory Authority who have the power to block websites.

Q: So how are these laws applicable to social media and social media influencers?

Fiona: The provisions of the Cybercrimes law does not specify who is liable for the content. The brand, the publisher, the agency or the author could be liable for the content under the Cybercrimes act. It could the content producer, the influencer. It could be the owner of the blog. If it’s on a Facebook site, then it could be you or the brand as the account owner. In the recent case which I referred to above, the authorities prosecuted nine parties for one action which was considered to be against the Cybercrimes act.

Q: Wouldn’t the platforms, the likes of Facebook, Snap or Twitter, potentially be liable?

Fiona: Potentially, yes, they could be liable. Most are based outside of the UAE’s jurisdiction so it becomes difficult to apply sanctions against a foreign entity. But the TRA could block their sites for being in breach of the UAE’s content regulations, as they do with materials relating to topics such as gambling.

Q: So what should brands and agencies do in terms of making sure that content is legal?

Fiona: There’s several laws that brands, agencies and publishers should be aware of, including both the Cybercrimes laws and the National Media Council advertising regulations. Familiarity is the most important thing. I’m still alarmed by the number of people who tell me there’s no media laws here, where there clearly are. Start there, train your staff to know what the big red flags are in relation to content, so they’re picked up before the content goes into production.

There’s not only legal issues, but also the reputational issues. Today, UAE nationals will take to social media to make complaints and disparage brands. Sometimes the issue isn’t so much legal as it is reputational. An issue is better resolved before it becomes a problem.

Q: Is producing content in Arabic more difficult than in English?

Fiona: Foreign brands and producers may not understand the culture of the region well. They may not understand the reality versus perception, and we’re often asked to help review not just from a legal perspective but also a cultural one. Having said that, the biggest advertising fail in the last 12 months was Arabic language content produced by Arabic speakers for an Arabic country.

The rise of the Khaleeji Woman as online content creators (part two)

As it’s International Women’s Day, I couldn’t wait any longer and, I’ll be brutally honest, I wanted to see lots of cake porn! Here’s the second of a two-part guest blog on how women across the Gulf are using social media and their skills not only to create entertaining and informative content, but to also earn a living. In this second post, Paul Kelly, creative director and co-founder at Digital Ape, argues that brands need to rethink how they both develop and execute content creation strategies with online female content creators in the Gulf. Enjoy the read, and let Paul know what you think!

During the last post, we discussed a survey of MENA based women, and their attitudes to content, particularly food content online. This week we will focus on the content creators who these surveyed women follow and imitate. We will look at how they are creating engaging content and why that matters for brands and publishing houses alike.

How are they doing it?

People are attracted to people. If I can find someone online, who understands what happens in my day, speaks my dialect and knows what I need better than say a publisher in Dubai, then I will follow their content, and my friends will too.

Women across the GCC are doing this in their millions, Khaleeji women want to see themselves reflected in their entertainment, and they want advice and recommendations tailored to them. Gone are the days when they must consume content created by an American in New York, and served to them on TV or in print. Women from the UAE to Saudi and beyond and seeking out other women who look like them, speak like them and understand their lives.

This I believe is one of the reasons why old fashioned publishing houses, should be quaking in their boots. As much as we try, Western or Levantine men in Dubai will never truly understand what Khaleeji women want in entertainment content, and now that they have a choice, these women will choose to consume content made by their peers and when that happens at scale, these content creators become publishers in their own right.

A content creator who builds an audience and keeps them engaged is no different to a publisher, and creators with a female Khaleeji audience, have an audience underserved by content, and exponential growth rates equal revenue.

The train-wreck.

So how has it come to influencers being ridiculed for their work? Worse still, how has it come to people calling themselves influencers, buying audiences and getting a free meal ticket?

Aside from the typical Dubai-syndrome of echo chamber marketing; it’s a mix of naïve marketing managers chasing trends, agencies ill-equipped for creative relationships (trying to replace banner ad revenue) and people who see social media as a shortcut to making a quick dirham.

Instead of actively investing the time needed in these powerful communities, brands, in place of real strategies, throw wads of cash at so-called influencers and hope for big results, often leading to disappointment.

At Digital Ape, we’ve got this down to an art. Just like money is a hygiene factor when it comes to employment, so too is it when it comes to dealing with real people creating content. It’s about giving content creators what they need; Props, filming equipment, sessions with filmmakers, assistance in real-time sessions with editing, contract help, this way everyone gets the best of the relationship. Creators develop better content with help from the brand thereby growing audiences, which in turn helps the brand. Women develop a revenue stream from content that fits and that the audience understands. This isn’t horse trading it’s about developing a win-win situation for creators, brands and audiences.

Find the fit for your brand by having an empathetic network of people to draw on, then seek out their audiences. Work WITH them. Don’t use influencers, work with your content creators. It’s an investment that pays handsomely.

 The future.

It’s no surprise that local publishing houses are scrambling to get on board with the creator craze – they after all, were the content creators and influencers of an older generation. Less able to respond to a new reality of screens and pixels, and even less able to understand how to convert revenue from the eyeballs they’ve been left behind as content becomes borderless and habits are quickly changing.

After all, is what someone like PewDiePie doing any different to what VICE was doing in 2010? Arguably with 54mn subscribers (at time of writing) on YouTube he has as much impact as a medium sized cable network. Is Kim Kardashian any different to Hello! Circa 1998? Her ability to shift units of anything she sells is phenomenal.

Some will argue until that until we have proper regulation in the GCC we’ll never achieve a level of sophistication that will mean any content creator is taken seriously.

Forget that.

What I am, and us at Digital Ape say, is that the content creators are the new publishers. Instead of being locked up in an edit suite at MBC, they are at home in their own bedrooms with their phones, doing the exact same thing, for an audience which increases with every post.

What we are seeing is a new model of content democracy where the 1% who make the content for the 99% are now starting to take back their revenue. Where once it was the Newscorps or CNN’s or ITP’s relying on their talent to sell time, space or inches, it’s now the Felix’s, Rayyan’s and countless mothers, wives and daughters who have a passion to create that will shape our entertainment for the next 20 years.

Digital Ape’s research with MENA women underlines the role digital plays in offline purchase intent

The rise of the Khaleeji Woman as online content creators (part one)

In the run up to International Women’s Day, I’m delighted to share with you a two-part guest blog on how women across the Gulf are using social media and their skills not only to create entertaining and informative content, but to also earn a living. In this two-part special, Paul Kelly, creative director and co-founder at Digital Ape, will share his insights on the rise of the Khaleeji women as online content creators. Thank you Paul for two great articles; I hope you enjoy this read as much as I have done.

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With over 1.2 million followers, the Kuwait-based Instagram account omaziz_kitchen is just one example of many cooking-focused social media accounts in the MENA region.

In the echo chamber that is our social newsfeeds, I’ve seen an increasing amount of antipathy towards social media creators that are commonly being called influencers. Case in point is Felix Kjellberg’s (aka PewDiePie) recent poor decision-making transgressions and resultant glee of the cable news media in his corporate downfall (not that his followers seem to care in the slightest). This backlash against PewDiePie is reflective of a larger trend of hostility towards the world of so-called social media influencers.

It’s not without reason, either.

To begin with, the word influencer is horrible.

It feels like an archaic relic of when brand marketers relied on word-of-mouth via focus groups to influence purchasing decisions and has no place in the modern marketing dialect.

Next, there’s social media accounts that reference the word influencer in their bio to – a tip; if you see that run a million miles.

There is a better a way, which begins with recognizing true influence for what it is.

At Digital Ape we have been working with so-called influencers since 2009, first as web publishers and now as branded content specialists. However, influencer is not a term we use. We call them content creators, and we refer to their followers as their communities. In 2017, the creators’ influence on their own communities is very real, and has a lot of parallels with the Publishing Houses of the decades before it.

There is also something deeper to this influence.

It’s creating a movement amongst some of the most underemployed people of the Gulf – women – and setting them on the road to being financially independent, through employment on their own terms, at times that suit their family schedules. How?

Let’s talk about true influence.

Digital Ape commissioned a survey of 1500 MENA-based women late last year; we were interested in their content habits online, particularly in relation to food content. Even we were surprised with the results.

  • Content creators are trusted 3X more women than brands.
  • Online content creators are as important as friends and family recommendations when it comes to purchasing decisions offline – Interestingly brands are half as likely to influence a decision themselves;
  • In Saudi, non-branded (e.g. content creators) channels on social media are more popular than family and friends, and double that of brands, in trust weighting;
  • Digital content drives 65% of purchasing decisions compared to 35% offline;
  • WhatsApp is the most popular recipe sharing tool in the MENA region, with Snapchat becoming increasingly popular amongst 35-44 segment;
  • 84% of respondents don’t see any problem with a content creator featuring a brand in their content;
  • Facebook is for old people! At a factor of 50%, Facebook is more popular among 35-44 year olds compared to 18-24 and 35-34, with Instagram, WhatsApp and Snapchat far exceeding Facebook’s popularity;
  • YouTube is the most popular place for GCC women to find inspirational ideas for cooking;
  • TV and Radio are diminishing down the scale of importance in purchasing decisions by a factor of 3 compared to digital content channels, across all age groups.

If you think that influencers are a flash in the pan, you’re wrong. But likely if you’re thinking that, you’re not in the right frame of mind to begin with.

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Instagram, Snapchat and WhatsApp are the most popular apps for younger audiences when it comes to sharing among women in the MENA region. Facebook is most popular for women aged between 35 and 44.

What are content creators achieving?

There are hundreds of female content creators in Saudi Arabia and Kuwait with communities of over one million people. Even I was skeptical at first, and thought, like you might be now, that the communities were fake, somehow generated from a click farm in a faraway country. However, a deeper dive and a more intelligent way to look at influence is to look at engagement rates from communities. Comments on each piece of content are a great place to start, apply cultural context to the creators and you begin to see that this influence is real.

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The most powerful online driver of purchasing decisions offline is a recommendation by family and friends, followed by cooking channels.

Our survey told us that the audience know the creators are working with brands, these “sponsored posts” get incredible engagement results. We have seen engagement rates of 5-15% on millions of followers, encouraging hundreds of actions from a single piece of creative content.

The best part? They are mothers, daughters and wives – making content for their peers, and earning their own money to ensure that if society makes it hard to get a job, they have an income from their passion anyway.

Now that we have seen what content creators, and women are doing, next week we look at how they are doing it and why this matters for audiences, brands and traditional content publishers.

What challenges will communicators face in 2017?

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It’s no understatement to say that 2016 was a shock to the system. We’ve faced political upheavals, the rise of populists and the proliferation of fake news, and that’s just for starters. The Middle East region has been impacted by continuing conflict as well as financial belt-tightening caused by low oil and gas prices. Needless to say, 2016 hasn’t been the easiest 12 months for many communicators.

So what do we have to expect in 2017? Looking into my crystal ball, I see  a number of issues that will grow in prominence. Here’s my take on them:

  • Political Interference and its Impact on Brand Values

The rise of populist politicians isn’t anything new, but their use of social media to communicate directly with their publics, eschewing traditional media, is something brands will have to deal with. We’ve already seen how Donald Trump is impacting brands in the US (examples include his tweets on Boeing and Lockheed Martin, which have wiped billions off company share values).

Communicators will need to work out how to deal with this new type of political interference. They’ll need to improve their online engagement, using the same social media tools as these politicians (Twitter, I hope you realize how much of a god-send Trump is for your platform), as well as espouse brand values that stakeholders believe in and want to defend.

There’s a danger here that brands will retreat into communicating in the same populist language as the politicians, or simply keep quiet and hope that the storm will pass them by. I hope that brand owners and communicators will instead engage on issues with a purpose and positive values.

  • Expect More Fake News

Whether we like it or not, fake news is here to stay. The year that was 2016 saw fake news become a cottage industry, with ‘content producers’ in places like Macedonia spewing out false stories which went viral through social media and which generated thousands of dollars of ad revenues. Much of this fake news was focused on politics; this is likely to change in 2017, with fewer key political votes. Instead, we’re going to see more fake celebrity news, as well as fake news in languages other than English. This may play into regional conflicts. Brands need to be aware of what is being said about them, especially in Arabic, Farsi and other regional languages.

  • The Continued Rise of Social Influencers

 

Whether you like it or not, 2016 was the year of Social Influencers. This trend is set to continue into 2017, particularly with Snapchat having opened up an office in Dubai, and with brands/organizations realizing that they have to do more to engage with stakeholders online. Expect there to be more questions around online metrics such as reach, engagement and, most important of all, return-on-investment. Also expect that the cost of working with social influencers will rise, particularly in locations such as Dubai, Kuwait and Riyadh.

I hope that brands will start to think differently about the type of social influencers they’d like to work with, and begin nurturing relationships with real fans with smaller followings rather than purchase engagement through influencers who have large followings but who don’t necessarily understand or love the brand. In other words, we need to rethink what social influencers are and what they mean to us.

  • The Urgent Need to Prove Our Worth 

This is a perennial favorite, but we’re going to struggle to underline the value that we bring to our organizations in 2017. Why? Because of an inability to link our outcomes to organizational objectives for many of us, partly due to a lack of awareness/understanding about the need to leverage measurement values. We’re also lacking a universal definition of what we do and globally-accepted certifications that prove we can walk the talk. The Global Alliance is working hard on the first issue, and others such as the CIPR and IABC are pushing ahead on the second. However, we’re still going to struggle with proving our worth to those that we work with and others that we need to work with.

There are a number of others who have shared their own views. Wadds has a longer list which is a fascinating read (you can see it here), and Omnicom’s David Gallagher has written down his own thoughts on the issues we will face in the year ahead.

What are your thoughts. What challenges will we see, and what are you looking forward to in 2017? I’d love to hear from you.

Will Saudi’s telcos, government charge Saudi consumers to use social media?

Saudi is a country that isn’t well understood by many, especially by communicators. However, for all of the stereotypes the Kingdom has the capacity to surprise. Take for example a piece published by Saudi Arabic-language newspaper Al-Watan on the 15th of December. If true, the short story was a good piece of investigative journalism. To summarize for non-Arabic speakers out there, a number of telecommunications companies have met with the Communications and Information Technology Commission, the national regulator which oversees the telecommunications industry, to discuss levying on consumers a charge for social media services (the full story in Arabic is below).

Saudi telco operators have apparently met with the national regulator to discuss levying a social media charge on consumers, according to this piece in Al-Watan

Saudi telco operators have apparently met with the national regulator to discuss levying a social media charge on consumers, according to this piece in Al-Watan

The Kingdom has the most active social media base in the region; Saudis are avid users of services such as Snapchat, Twitter and YouTube. Saudis have taken to social media to call for boycotts against the telcos for what they describe as poor service and high costs. Quite understandably, this report didn’t go down too well with Saudi consumers. A new hashtag was conceived, named fees/charges on social media (#رسوم_علي_مواقع_التواصل).

The regulator has moved to deny the initial story – Al-Watan carried a denial piece the day after. However, partly due to a lack of trust in both the telcos and the regular, many Saudis online have expressed their belief that the news is true. The report prompted many Saudi influencers to share their own views online on the quality of service offered by Saudi telecommunications firm; below is a vblog by Saudi Gamer.

Globally telcos have been seeking solutions to redress the challenge of revenues lost to social media channels or applications which offer lower or free services such as messaging and calling. The issue is going to get worse, according to London-based research and analytics firm Ovum. The telecommunications industry will lose a combined $386 billion between 2012 and 2018, the firm predicts, from customers using over-the-top (OTT) voice applications such as Skype, or Whatsapp.

Some operators such as Verizon are looking to become content producers as well as deliver the content through the pipes. However, charging consumers for accessing social media would be a short-term but unpopular option for telcos to use as they seek to fill the revenue gap. How much it may impact online consumer behavior and advertising is anyone’s guess. We may find out next year.

Guest Blog – How To Meet Your Customers Changing Expectations

We've gone from digital natives to mobile natives. As consumer expectations change, how can we communicators remain relevant? (image source: www.mirror.co.uk)

We’ve gone from digital natives to mobile natives. As consumer expectations change, how can we communicators remain relevant? (image source: http://www.mirror.co.uk)

I’ve asked a number of prominent communicators to talk about the importance of communications and design when it comes to customers. Julio Romo (on Twitter as @twofourseven and on LinkedIn here), an International Communication Consultant and Digital and Innovation Strategist, shares his insights on how communications is changing and how customer experiences are impacting our jobs as communicators. Julio, over to you.

How To Meet Your Customers Changing Expectations

People around the world are today more connected than ever before. Let it be through social media, smartphones or both. The way we are now connected has influenced and changed the way in which our beliefs and expectations are shaped.

Let me give you some facts. There are over 2.3 billion social media accounts worldwide – Facebook has 1.79 billion monthly active users (92% access via mobile), Twitter has 313 million active monthly users and Instagram has 400 million monthly active users. These are very top line numbers. They are Impressive, but missing some context.

Now the context, one in every six minutes that is spent online is spent on Facebook, 2.5 billion comments are made on Facebook Pages, 6,000 Tweets are sent every second. The more content that is out there the quicker that we must be to filter out what we think is not relevant to what we want to learn.

Research by Microsoft also tells us that our attention span is now down to 8 seconds, that is shorter than that of a goldfish. The speed at which we make decisions has also shortened to what Adobe calls, the last millisecond. We live in extraordinary and highly competitive times.

People have changed how they make decisions. Today it is the experience that they get from their engagement that shapes their perceptions and decisions-making. Get the experience right and in a fraction of a second you keep and possibly convert an individual. Get it wrong and you risk loosing your customer, possibly for good.

Think about it this way:

And the benefits? Well, insight from Bain & Co tells us that increasing customer retention rates by 5% increases profits by 25% to 95%. Not bad at all.

Experience that your audiences receive matters. Design and the way in which they interact with you certainly matters. And today, the customer matters more, and they know this.

The customer journey has to be simple and rewarding. It has to deliver an experience that not just converts them, but gets them to return and amplify the positive engagement that they’ve had. And it is in this connected world that reputations are built and broken.

A McKinsey report states, ‘Consumers now have much more control over where they will focus their attention, so companies need to craft a compelling customer experience in which all interactions are expressly tailored to a customer’s stage in his or her decision journey.

So how do we secure better engagement from our target market and audiences? That is simple, yet not very straightforward. Organisation must become agile and nimble. They must become better at listening and learning. And their communications and marketing must be always-on and responsive – be ready to respond to customer service issues. Our digital touch points need to be built around the personas of our audiences, yet bearing in mind that like technology, peoples behaviour and expectations changes fast, especially when start-ups come into play disrupting business as usual.

Some companies have already embarked on a journey of change to ensure that they remain relevant. In 2005 the former FT US Technology Correspondent and Columnist Tom Foremski coined the term ‘Every Company is a Media Company.’ A term that still to this day is alien to many. Yet some organisations have changed their PR and communications teams into modern day brand newsrooms that monitor news, deliver content and engage through social channels.

Having and understanding of the audience and designing for them will give companies access to a global market that in 2014 McKinsey thought this year could have been worth $2 trillion in potential sales. Being nimble and agile is a must. Having your communications, marketing and customer service teams working together is what will help your businesses grow in a competitive market.

After all, bad news travels fast on social media. According to Zendesk, bad experiences are shared with more people than good experiences, and more customers share bad experiences than good through social networks like Twitter and Facebook.

Today, people who complain are the ones that you know about. People expect and we must deliver, we must be what they expect, more customer centric. Because it matters to our reputation, our business and in competing markets it gives us competitive advantage.

The building of successful businesses today depends on the gaining of more insight about audiences. Understanding their behaviour and decision-making and roadmappiing their journey so that they find what they want on platforms relevant to them.

Now more than ever we have to move towards acting on insight and data in order to secure attention and engagement from people.

Saudi Telecom, Boycotts, Social Media (راح_نفلسكم#) and Stock Price Impact

Forgive my wordy headline, but there’s a lot to get into this story. Before anything else, let me spell out the context. Saudi and Saudis love social media, but they haven’t been enthused by the efforts of the telecommunication providers in the country to block free call apps or services offered by the likes of FaceTime, SnapChat and WhatsApp. To add insult to injury, consumers have claimed that the Kingdom’s three telcos (Mobily, Saudi Telecom and Zain) have rolled back unlimited data services.

So what have the country’s social media-crazy consumers done? Yes, you guessed right. They’ve taken to social media to call for a boycott. Under the hashtags (which basically means we’ll bankrupt you) and  (boycott telco companies), the idea is simple.

Starting from last weekend, Saudi users have begun to switch off their phones. The hashtag and others have gone viral, and users have taken to Twitter to demand action against the telcos, including physical boycotts of stores.

The ultimate mark of consumer sentiment is cartoons, and Saudi’s most prominent cartoonist Abdullah Jaber stepped in to pen his own thoughts on the issue (the below translates as the Telco company on the right, saying to the consumer, “why are you angry?”

Saudi Telecom in particular has been hit, both in terms of its social media following (the carrier has lost almost 150,000 followers on its Twitter account), as well as its share price which dropped by several percent on Sunday morning after trading opened on the Saudi bourse.

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Saudi Telecom’s Twitter account @STC_KSA lost over 140,000 followers in the space of two days as boycott calls spread (source: Twitter Count).

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Saudi Telecom’s stock price was also hit on Sunday, with an initial fall of 8% (source: Google Finance)

There’s a further dimension to this story, with some online accounts in the UAE calling for similar action to be taken against the two telco incumbents (see the hashtag  and ).

Is this type of online activism on a single economic issue going to become more common, particularly with the state of finances across the region? And what can communicators do about an issue that is about a product and a strategy that consumers don’t like?

As always, it’d be good to hear your thoughts.