In an era of increased use of the internet, a relatively high number of people make use of social media for various purposes. Social media refer to the platforms on which people meet and exchange ideas through various networks. For example, Twitter and Facebook are being used by many people for both social and business purposes. The users of Facebook utilize the ideas and technology of the web to create and exchange the content. The use of social media depends on the complexity of the technology adopted in creating various websites (Kaplan & Haenlein, 2010). The advent of social media has brought a number of issues with regard to transactions (Bagley, 2013). This paper discusses the four components of a marketing manager, methods of resolving online business conflicts, the role of the three arms of the federal government in protecting online transactions, and agency relationship with regard to online social sites.
The four components of a legally astute social media marketing manager who utilizes social media outlets for consumer transactions. Mitigating the risk involved in doing business in cyberspace
Facebook refers to a social network where friends, families, and businesses send and receive information online. It is one of the easiest ways for friends to be in touch without creating a website. Messages on Facebook can be sent as public conversations or as private messages shown in the receiver’s inbox. Facebook has several features, which increases usability and different applications (Kaplan & Haenlein, 2010).
Bagley (2013) argues that there are four components of a legally astute social media marketing manager. The first component of a legally astute manager is the acceptance of the value of the law. The manager is expected to understand the law because it protects the business from insecurity. Rules and regulations ensure that there is an order in the society, and workers in the company will feel secure, thus leading to the success of the business. This component assists the manager to determine the risks and opportunities that are important when carrying out transactions in cyberspace on condition that they are not termed as illegal by the law (Bagley, 2008). The attitude of the manager towards the law helps the company meet customer expectations, maintain the moral values of the society, and meet business expectations, thus mitigating the risks (Bagley, 2013).
Judgment is another component of an astute manager. This feature involves the ability to make informed decisions that are founded on the law. He or she is required to use the judgment to decide whether the decision made requires the application of the law and has an effect on the law. This helps the astute manager to avoid risks that are involved in cyberspace. It also assists him or her in dealing with the uncertainties that are of a legal aspect.
The third component of an astute manager is a proactive attitude. This implies that the manager should control the situations by preparing for possible future legal issues that may affect an organization. The manager must take charge instead of reacting irrationally. This approach helps in mitigating risks because when decisions are made in time, risks with regard to business done in cyberspace are significantly reduced. A proactive astute manager with legal advice relevant to the business addresses opportunities and threats to the business to ensure high levels of legality and effectiveness. The astute legal manager provides information that helps the providers to develop and execute business (Bagley, 2013).
The fourth component of the astute manager is knowledge. He or she must have the information about the company and the law. He or she must have knowledge about the specific laws and resources needed to run the organization. The astute manager should understand what the law requires of the company, what rules and procedures should be followed, and the tools needed for the success of the group. This enhances the effectiveness and efficiency of the business and helps in mitigating risks (Bagley, 2013).
Methods of alternative dispute resolution. Resolving genuine disputes that arise with consumers who may make purchases from businesses that provide links via social media
Methods of alternative dispute resolution are negotiation, arbitration, and mediation (Bagley, 2013; Biehler, 2008). Negotiation involves a discussion between the social media provider and the business manager to arrive at an agreement over a dispute. It involves finding facts with regard to issues of contention. It is expected that the agreement reached should be fair to both sides, and parties should feel that they have benefited from the process. Arbitration involves a neutral person, i.e., an arbitrator, who helps the social media provider and business manager to resolve the dispute. It encompasses the presentation of cases by both sides and listening to the complainant’s side of the story.
Afterward, the accused responds to the accusations through a representative and, finally, the arbitrator makes a decision on the ground of the rules. Mediation is a process whereby a person who is not involved in the dispute helps the social media provider and the astute manager to reach an amicable solution. Several steps are followed. First, the mediator introduces and explains the rules to be applied. Second, the social media provider and the business manager explain their conflicts. Third, the mediator summarizes the two versions of the conflict between the two parties and gives the facts. He or she suggests solutions, and the parties are invited to give their opinions on the proposed solution.
Fourth, if the solution is accepted, then both parties reach an agreement, which is written for each party to sign. Negotiation would be the most effective method to settle genuine disputes that may arise from consumers who may make purchases through social media. This is because the consumer and the seller can argue about a product and reach an amicable agreement. Here, the consumer and the seller do not have legal representation. In addition, the approach saves time and money because they do not require legal representation (Bagley, 2013; Biehler, 2008).
Federal governmental controlling the transactions on social media can occur across state lines
The federal government can control consumer transactions by using technological advancement to ensure that consumers are in control of the transactions made on social media. The government can put in place a payment control policy to match the transactions made by the consumer. The government can give guidelines to be followed to have personal control and respect. Thus, consumer transactions can be controlled. The government can adopt legislation to regulate online businesses and as well to protect them from lawbreakers (Bagley, 2013).
The branch of government that has the most significant impact on regulating consumer transactions via social media outlets
The federal government has the following three arms or branches: the legislature, the executive, and the judiciary. The legislature is composed of the lower house and the upper house. Agencies such as the government printing offices are the components of the legislature (Bagley, 2013). The legislature is involved in making new laws and amending the existing laws. The laws made by the legislature can either enhance or hinder business transactions by consumers. The executive arm formulates policies that regulate consumer transactions through social media. It provides an enabling environment by coming up with business rules and implementing the federal government’s policies for effective consumer transactions. The judiciary is the third branch that is made up of a system of the courts. It interprets the law to both consumers and the seller and makes judgments.
Where a dispute arises between a consumer and a seller on the social media, this branch listens to the two parties involved and makes a judgment about a transaction involving the dispute. The consumer may decide to be represented by a legal counsel in the court (Bagley, 2013). The executive is the most significant in regulating consumer transactions. This is because it is the only branch of the federal government that can make a decision without interference from the other arms. In addition, it can regulate consumer transactions to make them effective. The head of the executive has the power to regulate consumer transactions without consulting.
The agency relationship on social media sites between the social media provider and businesses that utilize the site for advertising
There is an agency relationship with regard to social media sites between the social media provider and the business that utilizes the site for advertising (Bagley, 2013). This relationship is founded on legal principles. One entity appoints the other for the business to continue. The social media provider advertises the business. The social media networks act as mediators in marketing the decisions of the business. Through the advertisement, social media advertises itself. The relationship helps the head of social media to make a firm decision for the business to be effective in advertising. It also provides social media with authority to benefit from the contracts given and to value the relationship between the sites and the business.
In conclusion, various social media networks have been adopted for business applications, including advertisements and transactions. For example, many marketing executives use Facebook to popularize their products and offer links to their businesses where consumers could make transactions. Marketing managers have great roles to play in ensuring that their firms do not incur losses due to risks of online transactions. Various methods are utilized in finding resolutions to online business conflicts. The three arms of the federal government have important functions in protecting online businesses.
Bagley, C. E. (2013). Managers and the legal environment (7th ed.). Mason, OH: South-Western Cengage Learning. Web.
Bagley, C.E (2008). Winning legally: The value of legal astuteness. Academy of management review, 33(2):378-390. Web.
Biehler, G. (2008). Alternative Methods of Dispute Resolution. Procedures in International Law, 23(3), 295-307. Web.
Kaplan, A. M., & Haenlein, M. (2010). Users of the world, unite! The challenges and opportunities of Social Media. Business horizons, 53(1), 59-68. Web.