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Social media has come a long way in a very short time and organisations are struggling to keep up. What started as a clever way to keep in touch with old school friends ten years ago has become a core part of the work of many people and their employers and so it is vital that use of social media is compliant with the laws of the land and works as a promotional tool and not a source of potential risk. Matthew Stephenson, head of information governance at the University of Salford and chairman of the Information and Records Management Society will guide you through this complex and uncertain area. Presentation by Matthew Stephenson, delivered at UCISA Using Social Media for Training on 18/04/2012.
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© University of Salford, April 2012
Legal aspects of Social MediaMatthew StephensonHead of Information [email protected]
© University of Salford, April 2012
When you think of the University of Salford, we want you to think of this…
© University of Salford, April 2012
… not this!
© University of Salford, April 2012
• Proliferation
• All things to all people
• No rules
• Blurring of boundaries between work and personal
• No absolute answers
Problems with Social Media
© University of Salford, April 2012
Should be:
• Lawful
• Aware of other risks
• Responsible
• Sensible
Use of Social Media
© University of Salford, April 2012
Most important legislation to bear in mind:
• Copyright
• Privacy and Data Protection
• Defamation and Libel
• Court decisions
• Other laws
Lawful
© University of Salford, April 2012
• Pictures and Photos
• Pasting/ Reposting/Retweeting from copyright sources
• Streaming
• Use of illegal material you own the copyright to
Copyright
© University of Salford, April 2012
• Information provided by living people
• DPA is a very big act
• Fair
• Purpose
• Transparency
Privacy and Data Protection
© University of Salford, April 2012
Very concerning in terms of Social Media use:
• Stating untrue “facts”
• Use of opinion to make allegations
• Action against individual/organisation
Defamation and Libel
© University of Salford, April 2012
In terms of injunctions for example
• Identifying people who have injunctions preventing their identificiation
• Applies to doing it yourself, retweeting, or just linking to it
Court decisions
© University of Salford, April 2012
Computer misuse
• Changing someone else’s records
• False tagging of people in photos
Disorder and terrorism
• Inciting riots
• Encouraging terrorism
Other laws
© University of Salford, April 2012
• Reputational – University
• Reputational – Personal
• Commercial
• Academic
Aware of other risks
© University of Salford, April 2012
• “Please do not contact the Department of X which is closed due to vandalism”
• “Here’s proof that Professor X was having an affair with his secretary”
• “Alreet the lads, here’s pics from our Rugby Trip to the Toon”
• “Here are those notes from last weeks lecture”
Reputational – University
© University of Salford, April 2012
• “Had a great night at the ‘Blue Oyster’ last night”
• “Nobody is in the office so I am going home early”
• Pictures on Facebook etc.
• Links on Facebook/Blogs
• Love Bunny S&M site?
• Salford Mental Health Forum?
Reputational - Personal
© University of Salford, April 2012
• “Looking for another job – looks like the School is closing down”
• “For a sneak preview into our Annual Accounts, click here”
• “Just invented cold fusion, all I did was …”
• “Student numbers are lower this year”
• “Heavens above, £400,000 for the Vice Chancellor’s new desk?!”
Commercial
© University of Salford, April 2012
• Going against the traditional academic model of publication and peer review
• Posting work on Blogs
• Tweeting
• Needs a considered approach
• One person against the world will not work
• Nor will one corporate policy
Academic
© University of Salford, April 2012
• Grey areas require users to act in a responsible manner
• Students and Staff alike
• University or Personal channels alike
• Need balance between work/non-work
Responsible
© University of Salford, April 2012
• Social media blurs the boundaries of what is professional and personal
• It’s the personal stuff on professional sites and vice versa which can be the most interesting and insightful.
• While you need rules they must be flexible or varied
Grey Area
© University of Salford, April 2012
• All should be covered by rules relating to use of social media as with anything
• Staff employment contracts
• Student code of conduct
• Disciplinary policies should make clear what is expected whether on University property or elsewhere
• Social Media Policy
Staff and Students
© University of Salford, April 2012
• Pasting inappropriate material on University channels is straight forward
• On non-university channels, may seem counter intuitive but all are required not to bring University into disrepute
• Love bunny S&M site
• Matt Stephenson’s personal blog
• Matt Stephenson’s professional blog
• University of Salford’s Information Governance Blog
University and personal channels
© University of Salford, April 2012
• Can I post pictures of my kittens on work blog?
• Can I talk about work on my personal blog?
• Need to identify and specify a balance
• 80% v 20%?
• ⅔ v ⅓?
• 100% v nothing?
Work and non-work balance
© University of Salford, April 2012
• By institutions
• By individuals
Sensible
© University of Salford, April 2012
• Need rules
• Need different rules for different circumstances
• Different channels
• Different levels in institution
• Corporate v departmental v student organised
• Staff v Student
Sensible institutions
© University of Salford, April 2012
• For each channel
• For each level
• For staff/students
• Disclaimers
• Which rules apply
• Impact on other communication channels
Rules
© University of Salford, April 2012
• Keep home life mainly at home
• Keep work life mainly at work
• Abide by the rules
• Law
• Employer/University
• Website AUPs etc.
• Remember that nothing on the internet is private
Sensible people
© University of Salford, April 2012
• There are laws you must abide by
• More importantly, your reputation may be damaged by use of social media
• Institutions and Individuals alike must act responsibly and sensibly
• There is no magic bullet
• Rules, flexibility, responsibility and sensibility are key!
In Summary