Sm legal topics vcu june 2011

Social Mediamanagement and legal

concerns

Chris Gatewood@gatewood5000

www.thresholdcounsel.com

Social Media Administrators

June 9, 2011

Social Media Management

1. Risk Management and Legal Considerations

2. Monitor3. Respond, quickly

1: Risk Management

• Before You Act, Plan• Draw lines on the field

• Affirmative instructions

• Manage Your Risks• Develop SM policies, training

If there is such thing, it is mainly

• Employment• Confidentiality• Regulated Industries• Defamation• First Amendment

Legal Risks:What is Social Media Law?

• German teenager

• Birthday posted on Facebook

• 1,500 “guests” showed up

Recent Examples: Viral EffectsBest / Worst Birthday Party

Sweet 16 Run Amuck

• Connecticut ambulance worker

• Facebook comments

• Fired, but NLRB said that she was protected under NLRA

• Was SM policy and firing too harsh?

• Case settled

Souza v. AMR

Recent Examples: Employment

• Malaysian blogger Fahmi Fadzil

• 100 tweets over 3 days

• "I've DEFAMED Blu Inc Media and Female Magazine. My tweets on their (human resource) policies are untrue. I retract those words and hereby apologize"

Recent Examples: Take-backs

Tweet Apology, times 100

2: Are You Listening?

Money

WorkMonitor:• Low End – free, DIY Google Alerts

• Mid-Level – paid service (Trackur, etc.)

• Full Service – hire someone

What you don’t hear can cost you.

3: Respond On-Site

Iron While Damp

Why?• Fast, Same Place

Why Not?• Attention, Credibility