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

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

3. Risk

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

6. Policies

7. Different Responses

8. Which Response Is More Effective?

9. Bad Response vs Good Response

10. What could have Nestle done differently?

11. Procedures

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

13. 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

14. 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

15. 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

16. 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

17. https://www.facebook.com/StephenBennettMP/app_190322544333196 Example of “House Rules”

18. 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

19. Security Considerations

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

21. HMV Twitter Account

22. 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

23. 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

24. Legal Influence

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

26. 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

27. 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)

28. Platform Terms of Use

29. “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.” http://www.facebook.com/legal/terms Who owns the content?

30. 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

31. “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.” http://theconversation.com/smirnoff-and-facebook-not-the-perfect-mix-8727 Smirnoff ASB Ruling

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

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

34. 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

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

36. More information for this video: #gottalovesocialmedia

37. Examples of social media policies http://www.daimler.com/Projects/c2c/channel/documents/1 895107_Social_Media_Guidelines_eng_Final.pdf http://www.daimler.com/Projects/c2c/channel/documents/1 895107_Social_Media_Guidelines_eng_Final.pdf http://www.digital-marketing-course.com.au/page/social- media-policy-examples--2 http://www.digital-marketing-course.com.au/page/social- media-policy-examples--2 http://www.dhs.vic.gov.au/about-the- department/documents-and-resources/policies,-guidelines- and-legislation/social-media-policy-for-employees http://www.dhs.vic.gov.au/about-the- department/documents-and-resources/policies,-guidelines- and-legislation/social-media-policy-for-employees http://www.business.gov.au/Newsandfeatures/2012/Feb/Pag es/Socialmediapolicyforyourbusiness.aspx http://www.business.gov.au/Newsandfeatures/2012/Feb/Pag es/Socialmediapolicyforyourbusiness.aspx http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/14_07_11_news _social_media_guidance.pdf http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/14_07_11_news _social_media_guidance.pdf Resources

38. More information on the Nestle example – http://www.greenpeace.org/international/en/campaigns/climate-change/kitkat/ http://www.greenpeace.org/international/en/campaigns/climate-change/kitkat/ – http://www.ft.com/cms/s/0/90dbff8a-3aea-11e2-b3f0- 00144feabdc0.html#axzz364a6Oiug http://www.ft.com/cms/s/0/90dbff8a-3aea-11e2-b3f0- 00144feabdc0.html#axzz364a6Oiug Social media risks and mitigation for financial services – http://www.bits.org/publications/security/BITSSocialMediaJun2011.pdf http://www.bits.org/publications/security/BITSSocialMediaJun2011.pdf Navigating social media legal risks (Robert McHale) – http://ptgmedia.pearsoncmg.com/images/9780789749536/samplepages/078974953X.p df http://ptgmedia.pearsoncmg.com/images/9780789749536/samplepages/078974953X.p df Social Media and the law (Law Institute of Victoria) – http://www.liv.asn.au/LIVPresBlog2013/March-2013/Social-media-and-the-law--The-future-of-legal-prac http://www.liv.asn.au/LIVPresBlog2013/March-2013/Social-media-and-the-law--The-future-of-legal-prac

39. Examples of guidelines for limiting personal information shared via social media http://www.police.nsw.gov.au/__data/assets/pdf_file/0007/2 08609/personal-use-of-social-media-policy-and- guidelines.pdf http://www.police.nsw.gov.au/__data/assets/pdf_file/0007/2 08609/personal-use-of-social-media-policy-and- guidelines.pdf Facebook Page Terms http://www.facebook.com/page_guidelines.php http://www.facebook.com/legal/terms Resources

40. Examples of “Page Terms of Use” https://www.facebook.com/bundyrum/info https://www.facebook.com/myer.mystore/info https://www.facebook.com/AustralianRedCross/app_2169249 04991602 https://www.facebook.com/AustralianRedCross/app_2169249 04991602 Resources