We Didn't Say That! - Minimizing Risk Via Social Media Policies
We Didn’t Say That!:Minimizing Risk Via Social Media Policies January 27, 2012 Todd Whiteman & Dave Tinker, CFRE
What We‟ll Go Over Define Social Media & Social Networking How Social Media Impacts Your Group What is a Social Media Policy What a Social Media Policy Looks Like What Types of Insurance Might Cover Social Media Use What You Can Do to Avoid Claims Online Resources
Definition What is Social Media? A group of applications that allow for user generated content What is Social Networking? Placing individuals into specific groups connected by a common interest
Statistics Social Media 650 million people connect via mobile devices Social networking sites reach 1.2 billion people = 82% of people online 1 in 5 minutes online is spent on social networking sites Facebook 800 million active users 1 in 7 minutes of all time spent online is on Facebook Average user connected to 80 groups, events, and community pages 250 million photos uploaded daily Twitter 300 million users worldwide 155+ million tweets per day = 8.2 million pages of text Sources: comScore, Facebook, Pew Internet & American Life Project, Wikipedia, Twitter, Wall Street Journal
Why You Need One Use by employees, volunteers, consultants, and people you serve Impact on marketing and brand, fundraising, and awareness e.g. Pittsburgh Gives and Westmoreland Gives NPOs of all sizes need a policy Avoid Claims
What is a Social Media Policy? What it is: It sets expectations and boundaries Operational guidelines for people who use social media in their job What it is not: Static
Components of Social Media Policy Define social media Identify that you have concerns and interests Tell people what to avoid Remind people to protect privacy State how it‟s related to other agency policies Logos, photos, videos „Friending‟ clients, co-workers How to engage others
Don‟t Have One? Can lead to Leaks Badmouthing Someone else speaking on your behalf Fear Not…It‟s Not Too Late
Social Media Policy Guidelines In 2010 AFP International crafted guidelines for members of AFP ASAE NTEN and The DMA, Nonprofit Federation Results were released in late 2010 http://is.gd/yGv43r
Protect Your Organization There are ways to protect your organization before and after a situation arises - Before: Employee Handbook Internet Usage Policy Employee Communication Policy Social Media Policy After: Insurance Coverage (General Liability, Professional Liability, Directors & Officers, Employment Practices, Internet Liability Damage Control
Handbooks And Training Employee Handbooks can include policies and procedures for Internet Usage, Employee Communication and Online Social Media. They can be tailored specifically for your organizations operations and exposures and can also include volunteers. Training is equally important!
Insurance Policies General Liability Most organizations have this coverage and believe it will cover everything and anything. Provides coverage for claims for Bodily Injury and Property Damage and excludes the organizations professional liability and claims for financial injury. Personal Injury provides coverage for libel and slander. By endorsement you can purchase coverage for claims resulting from postings on blogs, websites and email.
Insurance Policies Directors and Officers This is a step in the right direction which provides coverage to the organization, it‟s Directors and Officers and it‟s Employees. Coverage is for claims brought based on poor decisions or no decisions that lead to a claim that may or may not have been covered. Employment Practices can be added which covers acts against employees and can be extended to your clients. Your organization is just as vulnerable to internal claims as it is to external claims! An employee sending an inappropriate internal email or viewing an inappropriate website can be the trigger.
Insurance Policies Professional Liability This is typically coverage for your “profession” which could be performing arts, child care, community action etc…and is for your mistakes, not your intentional actions. Example – Your organization provides housing for individuals with disabilities: #1 A client wanders from the home and is injured – is there coverage? YES - Your job is to protect that individual. #2 You post on your blog that the person (by name) has been nothing but trouble and deserved it. – is there coverage NO - The suit brought is that you named that person and slandered them causing them and their family emotional injury.
Insurance Policies Internet Liability and Social Media Coverage This coverage was specifically designed to cover Social Media, Your Website, 3rd Party Websites and Email Communications Claim Examples: Posting of picture without authority Employee postings on your website, Facebook or 3rd party sites Volunteer badmouthing a competing organization Distribution of internal email to outside parties Theft of money or data from your website and computer system.
Management Your organization and individual duties Who makes changes and determines appropriate content? Depending on your size and structure it may be the Executive Director, Development Staff, Consultant or IT. Does your board or a committee have any input? Have you presented guidelines to your staff?
Who can make claims against you? Your current employees and past employees. Your clients / constituents Your competitors Your partners Your vendors Your funders and donors Your volunteers Your members The general public
Online Tools to Help You AFP Social Media Guidelines- http://is.gd/yGv43r Beth Kanter‟s list – http://is.gd/tSujQv PolicyTool - http://socialmedia.policytool.net/ Social Media Policy Samples - http://socialmediagovernance.com/policies.php
Contact InformationTodd WhitemanVice President, Property / CasualtyEnscoe Long Insurance Group, LLC412email@example.comDave Tinker, CFREDirector of DevelopmentACHIEVA412-995-5000 x firstname.lastname@example.org/davethecfre
Example: Red Cross Rogue TweetAN EMPLOYEE WITH ACCESS TO THE @REDCROSS TWITTER ACCOUNT ACCIDENTALLY POSTEDABOUT THEIR NIGHT OF DRINKING DOGFISH HEAD MIDAS TOUCH AND TAGGED THE MESSAGE#GETTNGSLIZZERD.TOOLS FOR MANAGING MULTIPLE TWITTER ACCOUNTS AND SMARTPHONES THAT HANDLETWITTER MESSAGING ALONGSIDE TEXT MESSAGING HAVE MADE SUCH MISTAKES EASIERTHAN EVER BEFORE. THE RED CROSS MESSAGE WAS INITIALLY VISIBLE TO NEARLY 270,000FOLLOWERS SUBSCRIBING TO THAT ACCOUNT BUT DOZENS HUNDREDS OF RE-TWEETS (WHENTHE SAME MESSAGE IS RE-SENT FROM ANOTHER PERSON) AND TWEETS ABOUT HIS POSTHAVE PUT THAT NUMBER WELL INTO THE MILLIONS.IN A SLIGHT TINGE OF IRONY, EARLIER IN THE DAY, THE BREWERS ASSOCIATION RELEASED APRESS RELEASE ABOUT ITS SAVOR EVENT COMING IN JUNE; ONE OF THE MAIN GOALS OF THEEVENT IS TO RAISE THE IMAGE OF BEER TO BE EQUAL TO THAT OF WINE, A DIFFICULT TASKGIVEN THE BARRAGE OF BEER ADVERTISEMENTS FEATURING LOWBROW HUMOR. ON THEOTHER HAND, IT‟S A NICE BIT OF PUBLICITY FOR DOGFISH HEAD THOUGH THE BREWERY,GROWING AS RAPIDLY AS IT IS, DOESN‟T NEED IT.RED CROSS LATER DELETED THE TWEET AND REPLACED IT WITH A NEW ONE THAT READS,“WE‟VE DELETED THE ROGUE TWEET BUT REST ASSURED THE RED CROSS IS SOBER ANDWE‟VE CONFISCATED THE KEYS.” AT LEAST THEY HAVE A SENSE OF HUMOR ABOUT THEMATTER.WE‟LL SEE IF THEY DO IN THE MORNING BEHIND CLOSED DOORS. THE RED CROSS PR HEAD SAYS THAT HUANG WILL NOTBE FIRED OVER THE INCIDENT.
Example: Chrysler Consultant TweetSomeone with access to the official Chrysler Twitter account, @ChryslerAutos, dropped an F-bomb on its morethan 7,500 followers earlier today.“I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to f*****g drive,” reads aretweet of the slipup.The actual tweet has been deleted from the account, and the company quickly tweeted an apology, saying thatits account had been compromised.Jalopnik, which originally noted the mishap, reported that people familiar with the Chrysler media organizationsaid the source of the tweet is likely an employee of the social media company that runs Chrysler‟s Twitteraccount.Like a tweet from the Red Cross last month that spawned #gettngslizzerd, Chrysler‟s tweet seems to be theresult of an employee confusing personal and brand accounts. Bad taste on Twitter can‟t always be prevented(cough, Kenneth Cole), but please, brand Twitter account managers of the world, double-check your tweets.Update: Chrysler confirmed in a blog post that the off-color tweet came from an employee of its social mediaagency, New Media Strategies. The employee, according to the post, “has since been terminated.” Meanwhile,the @ChryslerAutos account has actually gained Twitter followers since we first reported the incident.
Nonprofit Organization Settles Trademark Lawsuit: Little House on the PrairieEarlier this week, Friendly Family Productions, LLC, the company that produced the television series Little House on the Prairiesettled its lawsuit against a nonprofit corporation that operates a small museum outside Independence, Kansas.The museum is located at the site of the original house that Laura Ingalls Wilder wrote about in her book of the same title.Friendly Family Productions alleged that the museum infringed the trademark LITTLE HOUSE ON THE PRAIRIE. According tocomplaint filed in U.S. District Court in Los Angeles, the predecessor to Friendly Family Productions acquired rights to thattrademark from the authors descendants in 1974.What got Friendly Family Productions all riled up (to use a term that Ms. Wilder would have been comfortable with) was the use ofthe trademark on merchandise that the museum sold, including the merchandise that it sold through a website with the domainname www.littlehouseontheprairie.com. Friendly Family Productions acknowledged that it had no quarrel with the museum usingthe words "little house on the prairie" to describe the homesite or the museum, because a purely descriptive use like that does notinfringe a trademark. On the other hand, Friendly Family Productions had considerable quarrel with the museum putting thosewords on merchandise (caps, T-shirts, magnets, note cards, key chains, and other items typical of promotional merchandise) andselling them over the internet. Friendly Family Productions claimed that the use of those words implied that the merchandisecame from the owner of the trademark, when it did not. That is, in a nutshell, the reason trademarks exist -- to identify the sourceof the goods that bear the mark.According to an article in the Wichita Eagle and other sources, Friendly Family Productions originally offered to pay the museum$40,000 if it would stop using the trademark. The museum refused the offer, choosing instead to fight the lawsuit. The terms of thesettlement agreement are confidential, but we know that the nonprofit corporation has changed its name from Little House on thePrairie, Inc. to the more descriptive Little House on the Prairie Museum, Inc., and www.littlehouseontheprairie.com is no longeractive.Theres no way to know how much the two-year litigation cost the parties.