My feeling has always been that pharmaceutical marketers have leaned on the regulatory and legal concerns of social media as an excuse for a lack of engagement. Phrases like “my legal team won’t ever approve that” seem to be commonplace. And while legal issues for pharmaceutical social media are important, they are not insurmountable.
The phrase “my legal team won’t ever allow it” is less a commentary on the regulatory environment and more a commentary on the relationship of the communications and legal departments. In other words: the fall back of blaming the legal team is a symptom—the outward expression—of internal strife. A marketing department that is quick to blame the legal team for an inability to execute is really saying: “my company is made up of several distinct factions of people.” That’s a problem.
So forget pharmaceutical social media for a minute and just take an introspective look at your own company. What is your answer to the question: who is my team? In the book, The Five Dysfunctions of a Team: A Leadership Fable, Patrick Lencioni points out that most managers when asked that question immediately start naming their direct reports. Even when pressed, most managers don’t call out leaders of other teams across the organization. Why is that? Shouldn’t the entire organization ultimately be viewed as one team working toward a common goal? At large organizations with multiple divisions this might be nothing more than a pipe dream, but it’s worth striving for.
This concept has some relevance to pharmaceutical social media. Discussions are often halted at the assumption “it will never get by legal.” Instead of trying to “get things by legal” we should spend more energy on including legal in the process. This tried and true mechanism of halting social media programs is an indication that there is internal dysfunction. Structuring your internal social media team can be a challenge but it’s a crucial step and legal hast to be involved. Next time you have a brainstorm, think about inviting a few individuals from the legal department. Ask for input along the way rather than assuming the answer will be no.
Attorneys are reasonable, smart and creative people. Their jobs are not to halt the creative process of a company. They are paid to protect a company and all of its assets from legal sanctions. The brand image is one of the most important assets to a company so it makes sense that the legal team inspects every minute detail to protect it. But until you start acting as one team and not separate competing forces, chances of a successful social media engagement are almost zero.





