Social Media & the Law Video 4 Social Media Training for Business Teachers #socialmedialaw

Overview 1. Risk 2. Policies & Proceedures 3. Security Considerations 4. Legal Influence #socialmedia

Risk

Risks Disgruntled employee posts on behalf of the company Mistakes – posting incorrect information Break Laws (copyright, workplace relations, privacy) Staff using inappropriately

Policies

Different Responses

Which Response Is More Effective?

Bad Response vs Good Response

What could have Nestle done differently?

Procedures

Activity List 3 things to consider in Social Media policies and procedures for companies

What should the procedures cover in regards to decision making? Approval process for publishing content from the brand Escalation process for high-risk Social Media situations Decision Making

Accidental postings or mistakes – what to do How to respond to complaints Ensuring correct participation Responding in a timely manner What is expected of employees on company Social Media and personal Social Media Ensuring the brand voice is honest and authentic Respecting copyrights Policies & Procedures should address

Previous example showed the importance of internal policies (a set of rules that are followed internally) Why is an external Social Media policy (ie “Page Terms of Use”) needed? Internal vs External Policies

To say what is acceptable and not acceptable for users visiting the Social Media page What are some examples of rules that could be included in a page terms of use for visitors? External Policies

Example of “House Rules”

Is using personal Social Media on company time allowed? Are employees allowed to list their place of work publicly on the their profile? Use a disclaimer on the employee’s personal Social Media such as “"the views expressed are mine alone and do not necessarily reflect the views of (company name).“ Social Media Policies – for employees

Security Considerations

Why is it important for an employer to have overall control of their Social Media? Employer Control

HMV Twitter Account

Why is it important for an employer to have overall control of their Social Media? Employee quits and leaves (or gets fired) Social Media agency goes out of business Monitor protection of trade secrets Employer Control

Roles & Responsibilities  Manager  Content Creator  Monitor  Insights Analyst  Social Outreacher Access levels are key for control and LT sustainability Will depend on the size of the business Planning & Strategy

Legal Influence

Current areas of the law Social Media is affecting Privacy Intellectual Property Workplace relations Defamation Industry specific regulations

Employee sharing another employee’s information Employee sharing a customer’s information or company information (trade secrets) The employer sharing the employee’s information or monitoring their use of Social Media Privacy Considerations

Generally an employer can monitor an employees use when they are using company equipment (eg computer but not a personal phone) There has been past legal cases where -an employee posted negative things about their company (fired, then re-instated) - employee fired after posting up photos on Facebook on a night out whilst throwing a sickie (decision upheld)

Platform Terms of Use

“You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition: 1.For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non- exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.” Who owns the content?

Existing laws all influence Social Media policies and use by companies Governments are gradually including more references to Social Media specifically in laws Companies need to create their polices and procedures to abide by laws and reduce their risks in regards to – Defamation/business reputations – Intellectual property – Privacy – Advertising – Workplace relations Influence of Government

“The ASB determined that brands and their agencies were responsible for the comments and images that their followers posted on their pages. In essence, this meant that they were expected to moderate posts and remove anything that didn’t comply with general advertising standards.” Smirnoff ASB Ruling

Summary 1. Risk 2. Policies & Proceedures 3. Security Considerations 4. Legal Influence #socialmedia

Resources: Technology, people, skills, accounts, content Planning: Which platforms? Create accounts Access levels Utilise according to Strategy Monitor Create System – Policies & Procedures Planning & Strategy

The strategy for the page Terms of use of the platform Consistent branding & correct set up Page policy for visitors to the page Government laws/rules Setting Up Social Media Platforms

Write down any questions you have for the Live Q&A Webinar #gottalovesocialmedia

More information for this video: #gottalovesocialmedia

Examples of social media policies _Social_Media_Guidelines_eng_Final.pdf _Social_Media_Guidelines_eng_Final.pdf media-policy-examples--2 media-policy-examples--2 department/documents-and-resources/policies,-guidelines- and-legislation/social-media-policy-for-employees department/documents-and-resources/policies,-guidelines- and-legislation/social-media-policy-for-employees es/Socialmediapolicyforyourbusiness.aspx es/Socialmediapolicyforyourbusiness.aspx _social_media_guidance.pdf _social_media_guidance.pdf Resources

More information on the Nestle example – – feabdc0.html#axzz364a6Oiug feabdc0.html#axzz364a6Oiug Social media risks and mitigation for financial services – Navigating social media legal risks (Robert McHale) – df df Social Media and the law (Law Institute of Victoria) –

Examples of guidelines for limiting personal information shared via social media /personal-use-of-social-media-policy-and- guidelines.pdf /personal-use-of-social-media-policy-and- guidelines.pdf Facebook Page Terms Resources

Examples of “Page Terms of Use” Resources