Let’s take a break, a Nestle break, Greenpeace vs. Nestle.


The evidence of legal risks associated to companies using social media are predominantly associated with issues relating to copyright law, privacy law, discrimination, misleading and deceptive conduct, defamation and negligent misstatements. These laws vary from country to country and as with any legal issue it is dependent on the interpretation of the law. Not being a lawyer and not having any experience to base comments or judgment on any of these action attributing to social media lawsuits, however I believe in using commonsense one can cast their own judgments.

Greenpeace started a campaign against Nestle which targeted nestle use of palm oil farmed from Indonesia which Greenpeace say is leading to deforestation in archipelago. This seriously impacted on Nestle as their company has previously been promoting their support for environmental and social awareness.

Greenpeace initially started with altering Nestles logo as shown below, does this breach copyright law, and this is difficult to prove.

 kitkat-logovlogo1

Below is an extract from a law office in California

“To establish copyright infringement in a court of law, a copyright owner must establish proof copyright ownership and proof of copying. Proof of copying may be established either by direct evidence of copying (i.e., an admission) or by indirect evidence showing 1) access to the original work; and 2) “substantial similarity” between the original and allegedly infringing work.”

Greenpeace has since removed the logo from the video only, it stills appears on their website.

The biggest issue was not with the logo but with Greenpeace launched a YouTube video of an office worker unknowingly biting into an orang-utan finger instead of a Kit Kat bar. Legally is Greenpeace discriminating or causing defamation with negligent misstatements? Greenpeace always consults legal advice prior to running slur campaigns and has walked a very fine line in this anti Nestle add.

The YouTube video was viewed 750000 times in the first week which seriously effected Nestle reputation. Nestlé’s Facebook fan base of approximately 92000 was also affected by an additional 4000 who signed into the Nestlé’s Facebook site in the first week all complaining about Nestlé’s use of palm oil, suddenly the company fan base was exposed to negative reports on their products.

boycottnestle_2

Some of the negative criticism on Nestlé’s Facebook fan page over its use of palm oil in products (Credit: Nestlé’s Facebook fan page)

The volume of complaints and viewers to the YouTube video and the call from the protesters to boycott Nestles products which at the time was very close to Easter forced Nestle to rethink its manufacturing processes with palm oil. Nestle was forced to announce that it will stop using products that come from rainforest destruction. If you wish to read more please click here.

Nestle corporate image to the public is more valuable to the company and possible more detrimental to the organization then if Nestle was seen to sue Greenpeace. The possibility of negative press associated to legal action against Greenpeace could permanently damage their reputation, so how did Nestle handle this PR disaster.  Below is Nestle way to beat social media hostility in a digital world.

Nestle has learnt a hard lesson in Social Media and now is well equipped and prepared to address any negativity to their company in a timely manner.

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About jcoglan2013

I am currently completing my master in IT at QUT, I am the ICT/CAD Manager for the department of Public Works Queensland Government.
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17 Responses to Let’s take a break, a Nestle break, Greenpeace vs. Nestle.

  1. adenjones says:

    What a fascinating insight into what is probably one of the best real world examples of a very opinion sensitive organisation engaging with the social media phenomenon. By the way the anti-nestle add was quite gruesome, I am not so concerned about my Hitler anti Adobe video now.
    Thanks for bringing this to my attention. It reminds me of a documentary I saw a few years ago about the slave like conditions under which most of our chocolate is produced http://www.foodispower.org/slavery-in-the-chocolate-industry/ if anyone is interested in reading up on it. I am intrigued as to what Nestle will do when this topic enters the social media scenes awareness.

  2. A good read into the consequences and implications of poorly using social media. I always found the law side particularly interesting, for the sort of content regarding defamation and discrimination. What do you think could have been done to prevent this situation from occurring?

    sammacgregor.wordpress.com

    • jcoglan2013 says:

      Thanks Sam,
      To answer your question I don’t think that they could prevent this from occurring without screening all of their products and processes. I do however believe that they have now added measures to address the issues faster and minimize the impact. Thanks for your feedback.

  3. Hi John,
    Thanks for sharing this post, even though I had to use Google translatefor some words 🙂 I enjoyed reading it. I like the concept of the YouTube Video.

    Thanks

  4. Hello John. Thank you very much for commenting my blog with a similar topic. Your blog actually goes into a deeper level of researches than mine, and it is very interesting~

  5. yannick says:

    This seemed like a hard blow to Nestlé and their reputation, but it shows that companies need to take responsibility for all they do and can’t easily hide unpleasant details about their enterprise anymore.

  6. fannyyuwono says:

    I’ve heard about this before as well, this really was a very bad case for Nestle.
    I was wondering if Nestle has to do re-invention of their brand to help them regain some market image..This been a good post, I enjoyed reading it. .

  7. Tom says:

    Nestle has also had big issues with their hard selling of milk formula in Africa. That boycott of its products has been running for years. From WIkipedia: “Many European universities, colleges, and schools have banned the sale of Nestlé products from their shops and vending machines. In the United Kingdom, 73 student unions, 102 businesses, 30 faith groups, 20 health groups, 33 consumer groups, 18 local authorities, 12 trade unions, education groups, 31 MPs, and many celebrities support the Nestlé boycott” I’m wondering how they tackle the online negativity from that issue?

  8. Very interesting post. I am extremely satisfied to see that people have managed to put social media to good use for a good cause, such as preventing huge mega-corporations from destroying our planet. Thanks for the interesting read.

  9. Sarun Y. says:

    Hi John,
    You have got a clear post for the Nestle’s case study. In relating to the case, I have to say that it is difficult for the organisations to hide what they just did when things turned out to the public attention. I think that there is no exact method to prevent all of the risks rather minimizing them into the acceptable levels. This is indeed why we can see from the video that Nestle have become more alert and aware the way of its social media usage with SMP (social media policy) applied.

    Nice legal risk’s post, John 🙂

  10. Hussain, says:

    Hi John,

    Great post! Wow, I just realised how Facebook can be both a positive and negative tool in business. You have made a significant point in this post and it is important that every business is aware how to properly utilise social technology. In a platform like Facebook, it is hard to control the spread of a disaster like what happened to Nestle. So, the best way is to respond with appropriate action like what Nestle did. It is true and I agree that while Nestle could have won the lawsuit against Green Peace, it cannot recover its corporate image and it is more important than winning a lawsuit. Nestle’s corporate image will make or break their sales. At the end of the day, it’s the net profit that counts in a business not the lawsuit winnings. So, I’d say that Nestle made the right choice and their decision definitely calms down outraged environmentalists in their Facebook fan base.

    Feel free to visit my blog and leave a comment:
    http://hussain69.wordpress.com/2013/08/24/legal-risks-and-risk-mitigation-strategies-for-priceline-australia/

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    I {definitely|certainly|absolutely} {enjoyed|loved} every {little bit of|bit of} it.
    {I have|I’ve got|I have got} you {bookmarked|book marked|book-marked|saved as a favorite} {to check out|to look at}
    new {stuff you|things you} post…|
    {Hi|Hello|Hi there|What’s up}, just wanted to {mention|say|tell you}, I {enjoyed|liked|loved} this {article|post|blog post}.
    It was {inspiring|funny|practical|helpful}. Keep on posting!|
    I {{leave|drop|{write|create}} a {comment|leave a response}|drop a {comment|leave a response}|{comment|leave a response}} {each time|when|whenever} I {appreciate|like|especially enjoy} a {post|article} on
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    And {on|after} this {post|article} Let’s take a break, a Nestle break, Greenpeace vs.
    Nestle. | John Coglan. I {{was|was actually} moved|{was|was actually} excited} enough to {drop|{leave|drop|{write|create}}|post} a {thought|{comment|{comment|leave a response}a response}} {:-P|:)|;)|;-)|:
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    will too.|
    My {coder|programmer|developer} is trying to {persuade|convince} me to move to .net from
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    But he’s tryiong none the less. I’ve been using {Movable-type|WordPress} on {a number
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    {Any kind of|Any} help would be {really|greatly} appreciated!|
    {Hello|Hi|Hello there|Hi there|Howdy|Good day}!
    I could have sworn I’ve {been to|visited} {this blog|this web site|this website|this site|your blog} before but after
    {browsing through|going through|looking at} {some of the|a few of the|many of the} {posts|articles} I realized it’s new to me.
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    {Terrific|Great|Wonderful} {article|work}! {This is|That is} {the type of|the kind of} {information|info} {that are meant to|that are supposed to|that should} be shared
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    {Disgrace|Shame} on {the {seek|search} engines|Google} for {now not|not|no longer} positioning this {post|submit|publish|put up} {upper|higher}!
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    {Thank you|Thanks} =)|
    Heya {i’m|i am} for the first time here. I {came across|found} this board
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    lot|much}. I hope to give something back and {help|aid} others like you {helped|aided} me.|
    {Hi|Hello|Hi there|Hello there|Howdy|Greetings},
    {I think|I believe|I do believe|I do think|There’s no doubt that} {your site|your website|your web
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    {I just|I simply|I merely} wanted to {give you a|provide you
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    {fantastic|wonderful|great|excellent} {blog|website|site}!|
    {A person|Someone|Somebody} {necessarily|essentially} {lend a hand|help|assist} to
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    {Great|Wonderful|Fantastic|Magnificent|Excellent} {task|process|activity|job}!|
    Heya {i’m|i am} for {the primary|the first} time here.
    I {came across|found} this board and I {in finding|find|to
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    {Hello|Hi|Hello there|Hi there|Howdy|Good day|Hey there}!

    {I just|I simply} {would like to|want to|wish to} {give you a|offer you a} {huge|big} thumbs up {for the|for your} {great|excellent} {info|information}
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    Your {way|method|means|mode} of {describing|explaining|telling} {everything|all|the whole thing} in
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    {Hi|Hello} there, {I found|I discovered} your {blog|website|web
    site|site} {by means of|via|by the use of|by way of} Google {at the same time as|whilst|even as|while} {searching
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    {I have|I’ve} bookmarked it in my google bookmarks.

    {Hello|Hi} there, {simply|just} {turned into|became|was|become|changed into} {aware of|alert to} your
    {blog|weblog} {thru|through|via} Google, {and found|and located} that {it is|it’s} {really|truly} informative.

    {I’m|I am} {gonna|going to} {watch out|be careful}
    for brussels. {I will|I’ll} {appreciate|be grateful} {if
    you|should you|when you|in the event you|in case you|for
    those who|if you happen to} {continue|proceed} this {in future}.
    {A lot of|Lots of|Many|Numerous} {other folks|folks|other people|people} {will be|shall be|might be|will probably be|can be|will likely be}
    benefited {from your|out of your} writing. Cheers!|
    {I am|I’m} curious to find out what blog {system|platform} {you
    have been|you happen to be|you are|you’re} {working with|utilizing|using}?

    I’m {experiencing|having} some {minor|small} security {problems|issues} with my latest {site|website|blog} and {I would|I’d} like to find
    something more {safe|risk-free|safeguarded|secure}. Do you have
    any {solutions|suggestions|recommendations}?|
    {I am|I’m} {extremely|really} impressed with your writing skills {and also|as well
    as} with the layout on your {blog|weblog}. Is this a paid theme or
    did you {customize|modify} it yourself? {Either way|Anyway} keep up
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    {I am|I’m} {extremely|really} {inspired|impressed} {with your|together with your|along with your} writing {talents|skills|abilities} {and also|as {smartly|well|neatly}
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    {Is this|Is that this} a paid {subject|topic|subject matter|theme} or did you {customize|modify} it {yourself|your self}?
    {Either way|Anyway} {stay|keep} up the {nice|excellent} {quality|high quality} writing, {it’s|it is} {rare|uncommon} {to peer|to see|to look}
    a {nice|great} {blog|weblog} like this one {these days|nowadays|today}..|
    {Hi|Hello}, Neat post. {There is|There’s} {a problem|an issue} {with your|together with your|along with your} {site|web site|website} in {internet|web} explorer, {may|might|could|would} {check|test} this?
    IE {still|nonetheless} is the {marketplace|market} {leader|chief} and {a large|a good|a big|a huge} {part of|section
    of|component to|portion of|component of|element of} {other folks|folks|other
    people|people} will {leave out|omit|miss|pass over}
    your {great|wonderful|fantastic|magnificent|excellent} writing {due to|because of} this problem.|
    {I’m|I am} not sure where {you are|you’re}
    getting your {info|information}, but {good|great} topic.
    I needs to spend some time learning {more|much more} or understanding more.
    Thanks for {great|wonderful|fantastic|magnificent|excellent} {information|info} I was looking
    for this {information|info} for my mission.|
    {Hi|Hello}, i think that i saw you visited my {blog|weblog|website|web site|site} {so|thus} i
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  13. Rochell says:

    I wanted to show this specific blog, “Let’s take a break, a Nestle break, Greenpeace
    vs. Nestle. | John Coglan” with my good friends on facebook itself.
    I personallyonly needed to distribute ur tremendous publishing!
    Many thanks, Cathy

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