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Gene Takagi: Social Media Policy
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Gene Takagi: Social Media Policy

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If your organization is worried about how to manage lots of folks tweeting, posting, and the like, not to mention what the broader community may say about you on your social media outlets, then be ...

If your organization is worried about how to manage lots of folks tweeting, posting, and the like, not to mention what the broader community may say about you on your social media outlets, then be sure to join us for this important workshop
on creating a useful and effective social media policy. Gene is a nonprofit legal expert that will break down key elements and best practices you’ll want to put to work immediately.

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  • Chichen Itza Ball Court. Captain of winning team is decapitated … in honor.
  • Sound policies can help create a solid foundation on which to build great strategies.
  • Defamation = the act of making untrue statements about another which damages his/her reputation. – Law.com
  • Violation of NLRA: employees would reasonably construe the language to prohibit Section 7 activity
  • NLRB Advice Memo (10/19/12): Rules that are ambiguous regarding their application to Section 7 activity, and contain no limiting language or context that would clarify to employees that they do not restrict their Section 7 rights, are unlawful.  In contrast, rules that clarify and restrict their scope by including examples of clearly illegal or unprotected conduct, so that they would not reasonably be construed to cover protected activity, are not unlawful.Disclaimer Example: ”Nothing in [Company's] social media policy is designed to interfere with, restrain, or prevent employee communications regarding wages, hours, or other terms and conditions of employment."
  • No special protections for nonprofits.
  • Examples: criticism, comment, news reporting, teaching, scholarship, and researchFair Use Factors:1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes2. The nature of the copyrighted work3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole4. The effect of the use upon the potential market for, or value of, the copyrighted work
  • Exposure to liability for negligent “hiring” of event organizers?
  • Appropriately restrict the use of the organization’s time on personal SM use.

Gene Takagi: Social Media Policy Gene Takagi: Social Media Policy Presentation Transcript

  • Presented by: Gene TakagiWhy You Need aSocial Media PolicyCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Maybe you shouldn’t play the game …Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.… until youknow therules.
  • What could go wrong?Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.GOAL!
  • Some Areas of Concern• Defamation• Facebook firings• Intellectual property infringement• Social media-driven fundraising• Advocacy• Whose site; whose rules?• Damage controlCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • DefamationStatement …• Published• False• Causes injuryCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Where’s the libel?Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.Climate change is a hoax,you idiots!F*** off, you child molestingmoron!!!
  • Soul Circus vs. PETAPETA: SCI [Soul Circus] does not care about thetreatment, health, or wellbeing of its animals.Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Policies“Be respectful”“Don’t defame anyone”Give examples/contextCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Facebook FiringsCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.We are versedwith the web.Don’t I havea right tocomplain?
  • National Labor Relations ActSection 7 right of employees to engage in:concerted activitiesformutual aid or protectionCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Protected activitiesComplaining about work conditionsCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Unfair Labor Practices• Unlawful discharge/disciplinary action• Overbroad policies like …• Can’t post bad things about the organization• Can’t post bad things about other employees• Can’t violate confidentiality of any person or entityCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • SM Employee Policy Tips• Use specific examples or limitations• Avoid ambiguous or vague language when possible• Use appropriate disclaimers• See NLRB AGC Report – May 30, 2012Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Intellectual Property: InfringementCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.“For the cure”“Super Bowl”Articles, Art, Music,Photos, Videos™ ©
  • Fair Use ExceptionUse for nonprofit educational purposes(not just to make a post pretty)Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Policies• Protect your IP• Restrict infringing uses of other parties’ IP• Okay: Respect copyright and other IP laws.• Not okay: Don’t use copyrighted materials.• Give examplesCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Social Media & Fundraising• Promoting locally-organized events• Triggering state registration/reporting requirements• CrowdfundingCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Locally Organized EventsCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.Who is ultimately responsible?Who is managing the event? Insurance?
  • Do you know who you are delegating to?Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • State RegistrationsTargeting residentsorReceiving giftsrepeated & ongoing or substantialCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.Most states require registration and reporting- www.multistatefiling.org
  • Fundraising: Crowdfunding OptionsCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Policies• Be clear on whether you’re responsible for an event• Delegate responsibility for your events with care• Provide instructions/rules for your event organizers• Use waivers and disclaimers when appropriateCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Advocacy: LobbyingNo “substantial” lobbyingBut generous limitsCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.501(h) election
  • Advocacy: Electioneering & SM IssuesNo endorsing/supporting candidates for public officeCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • Policies - ResourceCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.Influencing Public Policy in the Digital Age - Alliance for Justice
  • Employee Issues: SM account ownershipWho owns an employee’s Twitter account?Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.PhoneDog
  • Policies for Employee’s Personal SMAccounts• Don’t represent yourself as the organization’sspokesperson unless so authorized• If you are posting on issues of significance to theorganization, consider identifying yourself as anemployee• Include a disclaimer like: “Thepostings on this site are my ownand do not necessarily reflect theviews of [Organization].”Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • That’s Just Wrong …Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.BullyingHate speechMessagescontrary toour missionConfidential/privateinformationTMIFraud/misrepresentations
  • Damage Control: American Red CrossCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.
  • American Red Cross ResponseCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved..
  • DisclaimerThe information contained in this presentation has been prepared by NEO Law Groupand is not intended to constitute legal advice. NEO Law Group has used reasonableefforts in collecting, preparing, and providing this information, but does not guaranteeits accuracy, completeness, adequacy, or currency. The publication and distribution ofthis presentation are not intended to create, and receipt does not constitute, an attorney-client relationship.gene@neolawgroup.com | twitter.com/GTakhttp://www.facebook.com/nonprofitlaw201 Spear St., Suite 1100 | San Francisco, CA 94105 | 415.977.0558NEOLawGroup.com | NonprofitLawBlog.comCopyright © 2012 Nonprofit Exempt Organization.. All rights reserved.