Top 10 Corporate Responsibility Stories of 2011

It's that time of year again when we consider the big news events around corporate responsibility during the past twelve months. It has undoubtedly been a significant year, with some stories potentially having a huge impact on future corporate responsibility practice or government policy. Nuclear accidents, protests galore, high level corruption - there's been a lot of ugliness again this year. But sometimes you've got to go down before you can go up. Let's hope 2011 will be looked back on as the year that business finally woke up to the new realities of corporate responsibility.

1. Fukushima nuclear disaster
As with the BP oil leak in 2010, no corporate responsibility story dominated the media in the same way that Fukushima did. And for good reason. The world's second worst nuclear disaster (after Chernobyl) slammed home just how risky the nuclear industry could be. Tokyo Electric Power (TEPCO), the company operating the plant, has had to shoulder a lot of the blame for its shoddy risk management, poor planning and siting, falsified safety records, governance procedures, and lots more besides. Its now mired in debt, awaiting either nationalization or a government bail-out. Japanese regulators meanwhile failed in providing adequate oversight, in large part due to overly cosy relations with the energy industry. Not surprising then that Fukushima also had huge impacts more broadly, most notably in a massive swing away from nuclear in the clean energy debate. Germany for one has made a 180 degree switch away from nuclear. Really this was the mother of all corporate responsibility disasters in 2011.

2. The 'Occupy' movement
Starting with Los Indignados in Spain, gradually hitting the headlines with Occupy Wall Street, and then turning into a global phenomenon, the Occupy Movement thrust social equity and democracy into the corporate responsibility debate like never before. We've had anti-capitalism protests before, but the Occupy Movement took a much more focused aim at the titans of the financial sector, and kept an unlikely conversation going for months. The challenges the unruly movement posed for business may not always have been crystal clear, but they've struck such a chord with the general public, and even among senior business leaders, that they can't just be ignored. Demands for tax justice, banking regulation, and more controls on corporate political influence have all received a fillip by the movement. Who know's? Maybe in time, the legacy of Occupy for corporate responsibilty may even surpass that of Fukushima.

3. News International phone hacking scandal
Few corporate responsibility stories can claim the scalp of an entire business, but the closing of the UK newspaper the News of the World, and the arrest of its editor, Rebekah Brooks, in July of 2011 showed just how significant the phone hacking story surrounding News International had become. When the story also took the scalp of the UK's most senior police officer, and landed veteran media mogul Rupert Murdoch in a Parliamentary inquiry, the reverberations were felt near and far. We like our journalists to pursue truth. But when they cross the line and illegally tap the private phones of bereaved families, it's clearly time for a clean up in the media. On the bright side, the story was broken, and vigorously investigated over several years, by the Guardian newspaper. So while we may not trust journalists all that much any more (if we ever did), the story also demonstrated the importance of a strong and independent media as a corporate responsibility watchdog.

4. FIFA's corruption own-goal
2011 was a bad year for integrity in sport. The Pakistani cricket betting scandal, the Sumo wrestling bout-fixing revelations, the Penn State University football coaching sex abuse case, the continued flow of scandals convulsing the Chinese Football Association and the Turkish Football Federation - few sports or countries have managed to come out looking clean. But rising above them all has been the FIFA corruption story, which more than any other sporting corruption story of 2011, demonstrated not just how deeply ingrained corruption is in sport but even how much it is embedded in sporting management and administration. The scandal has been rumbling on at least since 2010 when allegations about bought votes in the 2018 and 2022 World Cup hosting competition started pouring in. After bribery allegations, resignations, and an unopposed re-election of beleaguered FIFA chair Sepp Blatter, the organization finally looked to be getting itself back on track with an internal inquiry and a life-ban for the President of the Asian Football Confederation. But FIFA's proposed roadmap for tackling its integrity problems fell far short of the root and branch surgery that was necessary, and the recent withdrawal of Transparency International from the reform process demonstrates that the FIFA leadership still don't understand the basic principles of ethics management. Students of corporate responsibility need no better case study of how to get it all so wrong.

5. Raj Rajaratnam's insider trading trial
No list of corporate responsibility stories is complete without a big fish being caught. In 2010 we saw the sacking of HP CEO Mark Hurd for expense claims fraud. This year, we had a two-for-price-of-one bonanza with the trial of former hedge fund boss Raj Rajaratnam giving us a guilty verdict, 11 years in jail and a $10m fine for insider trading .... plus the charging of his friend and former McKinsey head Rajat Gupta with securities fraud for passing on insider information to Rajaratnam. As the New York Times said: "it was the longest-ever prison sentence for insider trading, [and] a watershed moment in the government’s aggressive two-year campaign to root out the illegal exchange of confidential information on Wall Street."

6. UBS and the not so 'rogue' trader
Another big story of personal ethical failure was the revelation back in September that UBS trader Kweku Adoboli had managed to lose the company a staggering $2.3bn in authorized trading. With a loss that big, this one makes the list on scale alone. But the real story here was not so much the ethical failings of Adoboli himself (though that clearly was one of the issues at play here), but the failure of UBS to manage the problem before it got out of hand, and the inherent risk-taking at the heart of the financial services industry. In desperate need to repair its flagging reputation, UBS subsequently accepted the resignation of its CEO and installed a new leader with a mandate to move into less risky and less complex investment banking.

7. Twitter revolutions and Blackberry riots
You know when your reputation is in good shape when you get associated with progressive political revolutions like the Arab Spring. After a government telecom crackdown in Egypt, companies like Twitter and Google found themselves center stage in the flourishing revolution. Switch to the ever declining fortunes of Canadian tech pioneers RIM and their Blackberry device, and all you get is an association with mindless looting in London. But whichever way you cut it, 2011 will indelibly be marked as the year that tech companies realized that for better or worse, social protest - and government response to protest - was an inevitable part of their business. Message to CR department: write a policy.

8. Michael Porter's popularization of 'Creating Shared Value'
It was certainly not the most popular article among CSR commentators, but Porter and Kramer's piece in the January issue of the Harvard Business Review on 'Creating Shared Value' has probably done more to get corporate responsibility issues into the boardroom than anything else written this year. Sure, it's simplistic, derivative, and takes cheap shots at a version of CSR that most us don't even recognize. But it's also compelling, endearingly positive, and says a lot of things that most of us have been trying to say for years without anyone taking much notice. Plus it couldn't be more prescient with its "capitalism is under siege" motif. Oh, and Michael Porter said it. So it must be true. Take it from us, CSV is here to stay.

9. Facebook's privacy adventures
There was little doubt back in January that Facebook would probably be hitting a whole bunch of corporate responsibility snags during the year. Once you get so big and popular, it is inevitable that the critics will start sharpening their knives. Greenpeace pushed hard on the coal powered energy issue and eventually scored a well-earned success. But the big issue dogging Facebook in 2011 was privacy. The tech giant wasn't alone since privacy and security continued to afflict a number of companies especially with the shift to cloud computing. But Facebook's privacy battles stand out simply because they affect so many of us and therefore mark the front line of the personal privacy battles with tech companies and regulators. Remarkably, despite a surge of criticism the company initially managed to stave off too big a hit on its business during the year. But last month's settlement with US regulators saw Facebook accused of "unfair and deceptive practices" and resulted in the company facing an extraordinary obligation to submit to independent privacy audits for the next 20 years. And late in December the Irish data protection commissioner gave Facebook 6 months to comply with a raft of new privacy measures for all of its non US and Canadian users. As a result the company has started adopting a far more conciliatory tone with its critics but the road ahead will be marked by yet more battles as we gradually move to some kind of a post-privacy future.

10. The tar sands failed ethical makeover
The year started with the Canadian Environment Minister seeking to make the seemingly indefensible case that the tar sands were an ethical source of oil because they came from a democratic country that respected human rights. The argument was designed to influence US and European policy makers in the run up to critical energy decisions during 2011 such as the controversial Keystone XL Pipeline plan which was designed to bring oil sands crude directly into the US, and the European Commission's deliberations over whether to label tar sands oil as a "dirty fuel" due to its higher carbon intensity. So far the Canadian government and the oil sands producers have failed to win the argument with the Keystone decision being postponed by President Obama and the EC approving the dirty fuel label, which also then attracted further backing from a similar initiative in the State of California. Recently the story has spiraled into the more absurd territory of a banana boycott. The announcement by fruit company Chiquita to reduce their use of tar sands oil in its fleet sparked a concerted campaign by Ethicaloil.org to boycott Chiquita for discriminating against Canada's "ethical oil". You couldn't make this stuff up.

Looking at the two stories book-ending our top ten - the seriousness of a world of nuclear disaster and increasingly dirty sources of conventional energy (such as the tar sands and gas fracking) - not to mention the erosion of privacy, a crisis in capitalism and the never ending scourge of corruption that populate the middle order, it is clear that the corporate responsibility stakes have never been higher. Next year promises to be more of the same.

Photo by IAEA Imagebank. Reproduced under Creative Commons Licence

Why is communication such a big deal for CSR?

Corporate social responsibility often provokes a lot of debate. But one thing that most people seem to be agreed on is the necessity of good communications. Of course, what makes for "good" communications is not so clear cut. Should companies engage in dialogue and debate with their stakeholders? How do you communicate "authentically" with consumers around social issues? And what do employees expects or want in terms of internal communication around CSR? These are some of the questions occupying minds rights now, so it has been interesting to spend the last couple of weeks exploring some of the challenges around the intersection of CSR and communication, both from a research and practice perspective. Not that this has necessarily brought me any closer to the right answers, but I think it has helped a lot in clarifying what the right questions might be.

Last week I keynoted the 1st International CSR Communication conference in Amsterdam, NL, a primarily research conference that also featured a lot of practitioner participants. This was preceded by a doctoral workshop on CSR and communication research where budding PhD students sought to test out their ideas, theories, and methods with experienced researchers like myself and Mette Morsing from Copenhagen Business School. Then, this week I keynoted another pretty unique conference - a mixed practitioner/research conference in Copenhagen on CSR and social media titled "Social media for social purposes".

Suddenly it seems that the communications challenges in CSR are getting a lot of attention. Certainly they are beginning to attract a lot of research activity, whether from management researchers, communications scientists, or media analysts. There is some really interesting stuff happening out there, much of it making use of the new online data that is all around us. I've been impressed by some of the datasets that are being put together using Tweets, blogs, YouTube videos, media articles, and a variety of online texts and reports. The possibilities of analyzing "big data" around online CSR communication are growing all the time. But also, it is clear that we need more than just huge amounts of data - we also need to be asking the right questions.

Consider this. McDonald's, which has been a pioneer in blogging about its CSR practices through its Values in Practice blog, has recorded the following stats from January - November 2011:

Number of posts: 16.
Average number of comments per post: 0.5
Average number of tweets per post: 1.2
Average number of Facebook likes per post: 3.1
Average number of shares per post: 3.8

Now consider this. McDonald's has more than 11m people who have "liked" the company's main Facebook page. That's a lot of people who don't seem to be much interested in what is happening over at their CSR blog. Clearly something is up. CSR experts are saying that companies need to engage in dialogue with their stakeholders. So are McDonald's stakeholders actually not interested in dialogue? Is the way the company is communicating not relevant for them? Is the company blocking interacting on some way or is one way communication actually effective here?

As I say, we don't really have the answers to these sorts of questions yet, but the field is moving fast and through network, discourse, and sentiment analysis, for example, researchers are getting a better understanding of how and why people respond to CSR communications in particular ways.... and what this all means for the society we live in today. There is a long way to go, but it looks like its going to be an exciting and informative journey.

AC

Photo by joshfassbind. Reproduced under Creative Commons licence

Sex, privacy and media ethics

Sex sells. And sex really sells in the media business. With their profitability in free-fall, newspaper businesses especially are always on the look out for a salacious front page story to help them grab some precious market share. Unfaithful soccer stars "playing away from home", celebrity match-ups and break-ups, trysts with prostitutes, or accusations of sexual assault are all highly newsworthy, especially at the tabloid end of the market. But recent events in the UK and elsewhere have led many to question whether the sex lives of celebrities can be afforded some degree of privacy protection from an intrusive media, or whether in the interests of press freedom, and the growing uncontrollability on online social media "reporting", they are simply fair game.

In the last few weeks the Ryan Giggs super-injunction affair in the UK has brought these issues to a head. Why all the excitement? Well until a few days ago, Giggs, one of the UK's best known soccer players, was the mysterious unnamed figure who had successfully been granted a so-called super-injunction by the English courts. The injunction had been given to protect Giggs' privacy in the wake of an attempted kiss-and-tell story by Imogen Thomas, a former reality TV star, who claimed to have had an affair with the married, and previously squeaky-clean, soccer star. It not only prevented newspapers from reporting the story but also from even referring to the injunction or the claimant.

Super-injunctions like the one granted to Giggs have become the legal instruments of choice for individuals and companies in the UK looking to prevent their activities from being reported in the press. They are granted by the courts to protect privacy under the Human Rights Act. The newspaper industry is predictably waging a war of words against them because they shackle some of the traditional freedoms that they are used to and which they rely on to act as the fourth estate. Super injunctions also raise the hackles of the public because with a price tag that starts at something like US $100,000 they appear to allow special legal treatment for the rich and famous. Moreover, as the Giggs affair and the 2009 pollution case of the oil company Trafigura have shown, the rise of social media platforms such as Twitter through which stories can be circulated outside the remit of the formal TV and newspaper industries, the limits of existing legal protections for privacy are being severely tested. Giggs' name was connected to the injunction through Twitter long before the press could report on it, raising legal questions about the culpability of Twitter and it's tweeters for being in breech of the injunction.

There are all sorts of ethical questions arising out of this, but from our point of view, it largely boils down to the question of when our sex lives should be private and when could or should they also be public knowledge? Let's sort out some of the considerations here:

1. Consent
Obviously the starting point here is consensual sex between adults. Coerced sex or sex crimes fall into an entirely different realm of privacy. The media has a legitimate right to publish in these cases provided legal protections for victims and the accused (which differ between jurisdictions) are respected. But clearly Dominic Strauss Kahn's alleged assault on a hotel chambermaid should be held to a different standard of privacy than his consensual affairs. Affairs with subordinate employees, even when supposedly consensual, might fall somewhere in the middle given the power dynamics involved.

2. Public interest
Where there is a potential public interest at stake the media also has a stronger case for investigating and publishing, such as where politicians campaigning on "family values" are accused of marital infidelities, anti-gay advocates are caught with rent boys, or legal enforcers break the law by paying for sex. A weaker but sometimes defensible case can also be made for leaders in a position of authority and trust whose trustworthiness might be questioned when extra-marital affairs come to light. The sex lives of celebrities rarely have a public interest component .... however much the public may be interested in hearing about them!

3. Privacy vs free speech
In the absence of coercion or public interest, there is much less chance of the press claiming a prima facie right to publish. Privacy (and after all sex is pretty private) will usually trump rights to speech unless free speech can lead to other public benefits. It's a matter of avoiding harm being prioritized over some fairly minimal free speech benefits.  The media may claim that the right to privacy is critically weakened in the case of marital infidelities and other ethical infractions. But even the unjust should be able to expect justice.

4. Harms and benefits
Without public interest, for the equation to fall on the side of publishing, there will often have to be some meaningful moral benefits for one or more of the parties to the "private" act. A spurned lover with an illegitimate love child for instance might be looking to tell their side of the story in the media and thereby gain some kind of apology or recompense from a celebrity. Here the ethical equation between speech and privacy should shift more convincingly towards publishing.

5. Reasonable expectation
Where the waters really get muddied is in the question of reasonable expectation. Privacy is typically attributed when there is a reasonable expectation that something will remain so. A telephone call or a conversation in a private residence should reasonably be expected to remain private, for example. That is why the UK newspaper, the News of the World, is in such hot water for it's illegal phone hacking of celebrities. These conversations took place in a reasonable expectation of privacy and should remain that way unless one of the participants chooses otherwise. But phone hacking is a case of the ethics of media tactics. A newspaper offered a story by a willing kiss-and-tell informant is very different. Here it is one of the participants looking to rewrite the "contract " of privacy established between themselves and their sexual partner. And in this case we have to ask ourselves whether soccer stars and other celebrities really have a reasonable expectation that their affairs with glamour models and reality TV stars will remain private. However much they wish it to be the case, there appears to be a lot of evidence to the contrary. Sure, this may be a case of a highly pragmatic interpretation of rights to privacy, but it's in the real world, a world of privacy for sale that we increasingly find ourselves in. Celebrities should be protected from direct intrusions into their privacy by the media. But maybe they should not be protected from their own decisions about who to be "private" with in the first place.

Photo by AtilaTheHun. Reproduced under creative commons licence

Egypt and the revolutionaries with MBA degrees

Like many of you we have been glued at times to the TV screens these last days. Seeing the masses assembling on Tahrir Square in Cairo asking for a peaceful transition to democracy in one of the biggest Arab nations is something of a watershed. For too long we in the West were just used to taking for granted that, well, if it comes to politics, the Arab world is a wholly different story. And the botched attempts to parachute ‘democracy’ into Afghanistan and Iraq seemed to underline this notion.

But now, the chips on the table seem to be mixed for a whole new round. This being a business ethics blog, lets first work through some of those issues with regard to recent developments in Egypt. Let’s look at the upshot. The current revolution would not have been possible without new media –or social networking companies. Twitter, Google, Facebook were instrumental in coordinating, organizing and network the protest movement. All of which, of course, are private companies.

We think it’s a good time to give Google some credit – especially as we have taken them to task in some of or our earlier blogs every now and then. One of their executives actually became a leader in the movement, which so far has shown little signs of a coordinated effort. Google – symbolically represented by Wael Ghonim, their marketing executive for the Middle East, has become a pivotal player in the ‘revolution’ in Egypt. The support of social media has been vital – even after the Egyptian government closed down internet communication. It was then when Twitter opened the ‘SayNow’ feature, allowing sending messages via telephone. As Ghonim pointed out himself in an interview with ABC's 60 Minutes program, much of the pressure to free him from his 12 days in solitary confinement by the Egyptian police came from his employer Google itself. All in all then, we have seen private businesses ‘enabling’ civil and political rights, much along the lines of one our most cited papers.

In a similar vein, some companies have also collected some shame. Vodafone’s network was used by the existing Egyptian authorities to send compulsory messages to their users in support of the system. Vodafone’s explanations do not sound very convincing. When has a major multinational accepted an abuse of their assets lately? Looking at the way Vodafone has managed its business so far, not at least the vociferous determination it applied to their takeover of Mannesmann in Germany years ago, their complicity in this approach sounds less than convincing. Framing themselves as a helpless victim just doesn’t wash.

Leaning back and comparing the current uprising in Egypt (and other Arab countries) to, say the fall of Communism in Eastern Europe 20 years ago, there are some remarkable differences now. Apart from such accidental leaders like Wael Ghonim – who does not intend to play a bigger role in Egyptian politics and just wants to go back to work – it really was a ‘leaderless rebellion’. No particular persons, organisations, ideologies or religious groups can be identified to have fuelled the process. Ghonim told ABC’s 60 Minutes program that ‘we don’t understand politics’. He is not a trade unionist (like Poland’s Lech Walesa), nor a writer or artist (such as the Czech Vaclav Havel), but a marketing executive with an MBA from the American University in Cairo. The MBA as a degree which provides skills for being a revolutionary? – who would have thought!

The success of the movement seems to lie in a combination of people agreeing on a minimal demand (to get rid of Mubarak) and a new set of very efficient tools (social media) to coordinate this effort. Internet and mobile communication played a pivotal role, not at least also because it allowed considerable exchange of knowledge and experience among a global group of activists in Tunisia, Serbia and the US. Pragmatism and access to new forms of information sharing seem to be the two crucial ingredients of this latest revolution.

This said, some big questions however are yet to be answered. First, will this movement spread? Today’s news from Iran, Yemen, Bahrain seem to point in this direction, but it appears that those regimes tend to be more ready and unequivocal in their resort to using force against the protesters. The second question of course points to – however spectacular the fall of Mubarak by peaceful means may be – what will succeed these regimes? To build democracy will take time and allowing people elections is just a first step. Signs are that the new Egyptian politics stays on its pragmatic course: Where else have we ever seen the revolutionaries coming back to their square of victory and, after their job of toppling the regime was done, cleaning up with broom and shovel the garbage left behind by peaceful protest?

Photo by Ahmad Hammoud. Reproduced under Creative Commons Licence