Presentation from Robert Morris University's Bayer Center's TechNow11 conference on why you need social media policies and ways for a nonprofit to minimize risk.
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Social Media Policies Minimize Risk
1. We Didn’t Say That!:
Minimizing Risk Via Social Media
Policies
TechNow 2011 Conference
October 27, 2011
Todd Whiteman & Dave Tinker, CFRE
2. 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
3. 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
4. Statistics
Social Media
90% of US Internet users visited a social media site in 2010
22% of all time spent online is on social media sites
40% connect via mobile devices
Facebook
750 million active users
More time spent on Facebook than any other site
Average user connected to 80 groups, events, and community
pages
Twitter
200 million users
65 million tweets per day
Sources: comScore, Facebook, Pew Internet & American Life Project, Wikipedia
5. 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
6. 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
7. 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
8. Don‟t Have One?
Can lead to
Leaks
Badmouthing
Someone else speaking on your behalf
Fear Not…It‟s Not Too Late
9. 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
10. 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
11. 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!
12. 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.
13. 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.
14. 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.
15. 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.
16. 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?
17. 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
18. 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
19. What We Discussed
Define Social Media & Social Networking
How Social Media Impacts Your Organization
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
21. Contact Information
Todd Whiteman
Vice President, Property / Casualty
Enscoe Long Insurance Group, LLC
412-206-0364
twhiteman@enscoelong.com
www.enscoelong.com
Dave Tinker, CFRE
Director of Development
ACHIEVA
412-995-5000 x 436
dtinker@achieva.info
www.about.me/davethecfre
22. Example: Red Cross Rogue Tweet
AN EMPLOYEE WITH ACCESS TO THE @REDCROSS TWITTER ACCOUNT ACCIDENTALLY POSTED
ABOUT THEIR NIGHT OF DRINKING DOGFISH HEAD MIDAS TOUCH AND TAGGED THE MESSAGE
#GETTNGSLIZZERD.
TOOLS FOR MANAGING MULTIPLE TWITTER ACCOUNTS AND SMARTPHONES THAT HANDLE
TWITTER MESSAGING ALONGSIDE TEXT MESSAGING HAVE MADE SUCH MISTAKES EASIER
THAN EVER BEFORE. THE RED CROSS MESSAGE WAS INITIALLY VISIBLE TO NEARLY 270,000
FOLLOWERS SUBSCRIBING TO THAT ACCOUNT BUT DOZENS HUNDREDS OF RE-TWEETS (WHEN
THE SAME MESSAGE IS RE-SENT FROM ANOTHER PERSON) AND TWEETS ABOUT HIS POST
HAVE PUT THAT NUMBER WELL INTO THE MILLIONS.
IN A SLIGHT TINGE OF IRONY, EARLIER IN THE DAY, THE BREWERS ASSOCIATION RELEASED A
PRESS RELEASE ABOUT ITS SAVOR EVENT COMING IN JUNE; ONE OF THE MAIN GOALS OF THE
EVENT IS TO RAISE THE IMAGE OF BEER TO BE EQUAL TO THAT OF WINE, A DIFFICULT TASK
GIVEN THE BARRAGE OF BEER ADVERTISEMENTS FEATURING LOWBROW HUMOR. ON THE
OTHER 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 AND
WE‟VE CONFISCATED THE KEYS.” AT LEAST THEY HAVE A SENSE OF HUMOR ABOUT THE
MATTER.
WE‟LL SEE IF THEY DO IN THE MORNING BEHIND CLOSED DOORS. THE RED CROSS PR HEAD SAYS THAT HUANG WILL NOT
BE FIRED OVER THE INCIDENT.
23. Example: Chrysler Consultant Tweet
Someone with access to the official Chrysler Twitter account, @ChryslerAutos, dropped an F-bomb on its more
than 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 a
retweet of the slipup.
The actual tweet has been deleted from the account, and the company quickly tweeted an apology, saying that
its account had been compromised.
Jalopnik, which originally noted the mishap, reported that people familiar with the Chrysler media organization
said the source of the tweet is likely an employee of the social media company that runs Chrysler‟s Twitter
account.
Like a tweet from the Red Cross last month that spawned #gettngslizzerd, Chrysler‟s tweet seems to be the
result 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 media
agency, 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.
24. Nonprofit Organization Settles Trademark
Lawsuit: Little House on the Prairie
Earlier this week, Friendly Family Productions, LLC, the company that produced the television series Little House on the Prairie
settled 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 to
complaint filed in U.S. District Court in Los Angeles, the predecessor to Friendly Family Productions acquired rights to that
trademark from the author's 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 of
the trademark on merchandise that the museum sold, including the merchandise that it sold through a website with the domain
name www.littlehouseontheprairie.com. Friendly Family Productions acknowledged that it had no quarrel with the museum using
the words "little house on the prairie" to describe the homesite or the museum, because a purely descriptive use like that does not
infringe a trademark. On the other hand, Friendly Family Productions had considerable quarrel with the museum putting those
words on merchandise (caps, T-shirts, magnets, note cards, key chains, and other items typical of promotional merchandise) and
selling them over the internet. Friendly Family Productions claimed that the use of those words implied that the merchandise
came from the owner of the trademark, when it did not. That is, in a nutshell, the reason trademarks exist -- to identify the source
of 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 the
settlement agreement are confidential, but we know that the nonprofit corporation has changed its name from Little House on the
Prairie, Inc. to the more descriptive Little House on the Prairie Museum, Inc., and www.littlehouseontheprairie.com is no longer
active.
There's no way to know how much the two-year litigation cost the parties.