Presentation to Dallas-area non profit organizations regarding social media and possible legal issues. Discussed: The value of a Social Media Policy; potential liability of no policy: exposure!; thinking critically about who has your Social Media Voice; Anticipating crises online and how to respond...

1. Social Media &
Legal Concerns
PRESENTED BY
TERESA MARTIN, FLIP CAT CONSULTING
19 AUGUST 2015

2. © Flip Cat Consulting 2015
We help business ideas land on their feet.

3. © Flip Cat Consulting 2015
Legal Disclaimer: This information does not constitute legal advice and is
for educational purposes only. This information is based on current federal
law and subject to change based on changes in federal law or subsequent
interpretive guidance. Since this information is based on federal law, it
must be modified to reflect state law where the state law is more stringent
than the federal law or other state law exceptions apply. Unless you're in
Florida trying to work with Social Media and understand applicable laws,
then all bets are off. Florida laws on the matter are confusing - at best.
This information is intended to be a general information resource regarding
the matters covered, and may not be tailored to your specific circumstance.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS, AND ADVICE PROVIDED HEREIN IN
CONSULTATION WITH YOUR LEGAL OR OTHER ADVISOR, AS APPROPRIATE. The
existence of a link or organizational reference in any of the following
materials should not be assumed as an endorsement. At this pøint, søme øf
yøu may think this disclaimer shøuld include statements by Scandianvian
møøse. Møøses? Meece? The ønly phrase I know is Var Har Duvarit Hella Mit
Liv? which I cøuld explain, but søme may get the wrøng idea, sø I'll just
prøceed with the presentation.

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?Who is responsible when problems arise?
Organizations?
Social Media Managers?
Both?
Who Knows???

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The Importance of Social Media Guidelines
Liability Without a Policy
Taking Action
Intellectual Property – Your Rights & Others
Who Has Your Voice

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THE IMPORTANCE OF SOCIAL MEDIA GUIDELINES

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THE IMPORTANCE OF SOCIAL MEDIA GUIDELINES
1. Have a policy in place.
2. Inform all employees & volunteers with
authority to post on your behalf.
3. Design action steps for crises.
4. Plan: a) How you will respond online, and
b) How you will follow up offline.
5. Inform all staff of the situation as needed.
Respond in reasonable time:
AA responded to my request within 30 minutes,
despite the Great 2015 Ice-mageddon…
I’m still waiting to hear from LPQ.

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Policy Should Address (for example):
• Harassment
• Defamation
• Intellectual Property
• Revealing Confidential Information
Need help crafting your policy?
Glenna Hecht, Humanistic Consulting
THE IMPORTANCE OF SOCIAL MEDIA GUIDELINES

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LIABILITY OF NO POLICY? EXPOSURE!
Initial bar: The hiring process
Prove your hiring practices
Seek information without coercion

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F O M O
fear of missing out

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M O R E
is not always
B E T T E R.
Sometimes, it’s just
M O R E.

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Hug Your Haters!

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1. Seek our your haters
2. Leave no complaint unturned
3. Craft a “hatrix” to guide response
Hug Your Haters!

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Hug Your Haters!

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People who complain put in the effort.
You can deal with complaints. ~ Jay Baer

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© TM ®
Gordon Firemark, @gfiremark
(Podcasts; Entertainment Law)
#BLURREDLINES
#GOTTOGIVEITUP

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© TM ®
SOCIAL MEDIA POLICY

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© TM ®

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© TM ®
an apple a day keeps the employer awake

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OOPS!!!

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OOPS!!!
“We’ve deleted the rogue tweet but
rest assured the Red Cross is sober
and we’ve confiscated the keys.”

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OOPS!!!
charity · charity · charity · miley cyrus
news organization· charity · lady gaga · charity
charity · justin bieber· charity · donor organization

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“I bring order to businesses and
people’s financial lives,
enabling them to be
more productive.”

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WHY
HOW
WHAT
WHY
HOW
WHAT

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Social Media Guidelines
Liability Without a Policy
Plan for Taking Action
Respect IP – Yours & Others
Mind Who Has Your Voice
RE-CAP:

31. © Flip Cat Consulting 2015
REFERENCES
http://www.HumanisticConsulting.com – for assistance drafting a
Social Media Policy
http://www.americanbar.org/content/dam/aba/administrative/liti
gation/2014_cbl_rogue_employee_social_media.authcheckdam.p
df - The Rogue Employee & Social Media Exposure
http://www.jdsupra.com/legalnews/an-apple-a-day-keeps-
employers-awake-96961/ - What Wearables Mean for Employers
Hug Your Haters
http://www.inc.com/jay-baer/how-to-hug-your-haters-3-ways-to-
use-complaints-to-strengthen-your-business.html

32. Teresa Martin
FlipCatConsulting.com
214.356.5544
@FlipCatLLC
VP Programming, Social Media Dallas
We help business ideas land on their feet.