Social Media and Legal Concerns
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Transcript of Social Media and Legal Concerns
© Flip Cat Consulting 2015
Legal Disclaimer: This information does not constitute legal advice and is
for educational purposes only. This information is based on current federal
law and subject to change based on changes in federal law or subsequent
interpretive guidance. Since this information is based on federal law, it
must be modified to reflect state law where the state law is more stringent
than the federal law or other state law exceptions apply. Unless you're in
Florida trying to work with Social Media and understand applicable laws,
then all bets are off. Florida laws on the matter are confusing - at best.
This information is intended to be a general information resource regarding
the matters covered, and may not be tailored to your specific circumstance.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS, AND ADVICE PROVIDED HEREIN IN
CONSULTATION WITH YOUR LEGAL OR OTHER ADVISOR, AS APPROPRIATE. The
existence of a link or organizational reference in any of the following
materials should not be assumed as an endorsement. At this pøint, søme øf
yøu may think this disclaimer shøuld include statements by Scandianvian
møøse. Møøses? Meece? The ønly phrase I know is Var Har Duvarit Hella Mit
Liv? which I cøuld explain, but søme may get the wrøng idea, sø I'll just
prøceed with the presentation.
© Flip Cat Consulting 2015
?Who is responsible when problems arise?
Organizations?
Social Media Managers?
Both?Who Knows???
© Flip Cat Consulting 2015
The Importance of Social Media Guidelines
Liability Without a Policy
Taking Action
Intellectual Property – Your Rights & Others
Who Has Your Voice
© Flip Cat Consulting 2015
THE IMPORTANCE OF SOCIAL MEDIA GUIDELINES
1. Have a policy in place.2. Inform all employees & volunteers with
authority to post on your behalf.3. Design action steps for crises.4. Plan: a) How you will respond online, and
b) How you will follow up offline.5. Inform all staff of the situation as needed.
Respond in reasonable time:AA responded to my request within 30 minutes, despite the Great 2015 Ice-mageddon…I’m still waiting to hear from LPQ.
© Flip Cat Consulting 2015
Policy Should Address (for example): • Harassment• Defamation• Intellectual Property• Revealing Confidential Information
Need help crafting your policy?Glenna Hecht, Humanistic Consulting
THE IMPORTANCE OF SOCIAL MEDIA GUIDELINES
© Flip Cat Consulting 2015
LIABILITY OF NO POLICY? EXPOSURE!
Initial bar: The hiring process
Prove your hiring practices
Seek information without coercion
© Flip Cat Consulting 2015
1. Seek our your haters2. Leave no complaint unturned3. Craft a “hatrix” to guide response
Hug Your Haters!
© Flip Cat Consulting 2015
People who complain put in the effort. You can deal with complaints. ~ Jay Baer
© Flip Cat Consulting 2015
© TM ®Gordon Firemark, @gfiremark(Podcasts; Entertainment Law)
#BLURREDLINES#GOTTOGIVEITUP
© Flip Cat Consulting 2015
OOPS!!!
“We’ve deleted the rogue tweet but
rest assured the Red Cross is sober and we’ve confiscated the keys.”
© Flip Cat Consulting 2015
OOPS!!!
charity · charity · charity · miley cyrus
news organization· charity · lady gaga · charity
charity · justin bieber· charity · donor organization
© Flip Cat Consulting 2015
“I bring order to businesses and
people’s financial lives,enabling them to bemore productive.”
© Flip Cat Consulting 2015
Social Media Guidelines
Liability Without a Policy
Plan for Taking Action
Respect IP – Yours & Others
Mind Who Has Your Voice
RE-CAP:
© Flip Cat Consulting 2015
REFERENCES
http://www.HumanisticConsulting.com – for assistance drafting a Social Media Policy
http://www.americanbar.org/content/dam/aba/administrative/litigation/2014_cbl_rogue_employee_social_media.authcheckdam.pdf - The Rogue Employee & Social Media Exposure
http://www.jdsupra.com/legalnews/an-apple-a-day-keeps-employers-awake-96961/ - What Wearables Mean for Employers
Hug Your Hatershttp://www.inc.com/jay-baer/how-to-hug-your-haters-3-ways-to-use-complaints-to-strengthen-your-business.html