PRSA IC SIG Luncheon, Feb, 2012 Top 10 Social Media Liability Issues Every Independent Counselor Needs to Know by D Gonzalez

1. “The Top 10 Social Media Liability
Issues Every Independent Counselor
Needs to Know”
Deborah Gonzalez, Esq.
February 23, 2012

2. Welcome/Overview
• Introduction
• Context
• 10 Top Issues
– Social Media
– Liabilities
– Best Practices
• Q&A

3. Introductions
Name, company, and
share a “truth” of social media.

4. Context
PR organizations must evolve content and
distribution models to be more social friendly. That
means the content is getting shorter; there are links
to more sources, and their final forms are more
varied. The simple press release or data sheet now
becomes a data source with embedded
text, video, podcasts, etc. that can be pushed to or
pulled from any type of device.
Jody S. Canavan
President, Launch International, Inc.

5. Top 10 Issues
1. Transparency
2. Currency
3. Relevancy
4. Media Relations
5. Media Blogs
6. Copyright infringement
7. HIPPA
8. FERPA
9. Social Media Policy
10. Freedom of Information/Speech

6. 1. Transparency
You MUST be who you say you are, and you
MUST say who you are.
Identification to sources, to clients, to media.
Fraudulent Credentials on Social Media Profiles
– FTC – False advertising.

7. 2. Currency
Not about $$$ - about timing – what is
happening NOW.
Be careful not to rush fact verification though –
inaccurate information can lead to Defamation
and right of publicity claims, and other liabilities.

8. 3. Relevancy
Who needs to know vs who does not –
confidentiality issues and TMI (too much
information).
Disclosure and “on the record.” You ARE the
source.
Disclosure of any affiliation or potential conflict of
interest, or of “gifts” etc.

9. 4. Media Relations
“Friending” your media contact vs having a
LinkedIn connection?
Giving a “friend” an inside scoop?
Do you or your employer own those LinkedIn
contacts?

10. 5. Media Blogs
How credible and accurate are your media blogs?
Do you link vs. “cut and paste”?
Watch for unfair juxtapositions, especially photos
and text, or omission of explanatory facts.
Do not disclose confidential facts.

11. 6. Copyright Infringement
Do not “cut and paste” from a social media
website/profile.
Ask for permission to use someone else’s content – credit
the source. Be careful about quotes and oral interviews.
Make sure you are using the company’s trademarks and
other IP based on their policy.
Do not misuse your competitor’s IP (SEO keywords case)

12. 7. HIPPA
Health Insurance Portability and Accountability Act of
1996.
• The Privacy Rule, gives consumers rights over their
health information and sets rules and limits on who
can look at and receive the health information. The
Privacy Rule applies to all forms of individuals'
protected health information, whether
electronic, written, or oral.
• The Security Rule, a Federal law that protects health
information in electronic form, requires entities
covered by HIPAA to ensure that electronic protected
health information is secure.

13. 7. HIPPA
Health information can be used and shared:
• For treatment and care coordination
• To pay doctors and hospitals for patient health care and to
help run their businesses
• With family, relatives, friends, or others the patient
identifies who are involved with their health care or their
health care bills, unless the patient objects
• To make sure doctors give good care and nursing homes are
clean and safe
• To protect the public's health, such as by reporting when
the flu is in your area
• To make required reports to the police, such as reporting
gunshot wounds

14. 8. FERPA
Family Educational Rights and Privacy Act of
1974 (FERPA) “Buckley Amendment”
Meant to protect student records – parents have
some control until student reaches 18 years of
age.

15. 8. FERPA
FERPA allows schools to disclose those records, without consent, to
the following parties or under the following conditions (34 CFR §
99.31):
• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the
school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice
system, pursuant to specific State law.

16. 9. Social Media Policy
Important to have – can protect the organization
from being liable for employee actions not done
on behalf of organization.
Needs to be written and accessible to all
employees.
Employees should be “trained” on the policy
and sign a copy to be kept in HR.

17. 9. Social Media Policy
Components:
• Identify benefits of social media
• Address the risks of social media
• Designate contact person(s) for people to consult
with in regards to this policy (name, title, contact
info including telephone, email and/or other
communications contact)
• Describe firm’s expectations, the fact that
individuals are going to be responsible for their
online activities

18. 9. Social Media Policy
Components:
• Requirement of protection of client and firm
confidences Address jurisdictional rules on advertising
and disclosure to solicit new clients (especially for
regulated industries)
• Firm reserves the right to take disciplinary action
against who violates – and must outline what those
actions may be
• Does the policy state that the company reserves the
right to monitor use of social media by employees
while the employee is using company equipment?

19. 9. Social Media Policy
“Employers should review their Internet and
social media policies to determine whether they
are susceptible to an allegation that the policy
would ‘reasonably tend to chill employees’ in
the exercise of their rights to discuss
wages, working conditions and unionization.”

20. 10. Freedom of Information/Speech
Balancing act of 1st Amendment and Privacy
Social Media information is
• Public (if it is openly accessible not a problem
to use it)
• Permanent (is the info coming from a “cache”
or backup?)
• Powerful (consequences)

21. 10. Freedom of Information/Speech
Freedom of Information/Speech is not absolute
– National security (Wikileaks, gov.
monitoring??)
– Personal safety
– Public interest
What kind of forum is your content on?
– Government/public
– Semi-private
– Private

22. 10. Freedom of Information/Speech
7 Kinds of Speech Not Protected By First
Amendment
1. Hate Speech
2. Inciting Violence
3. Supporting Terrorism
4. Public Employee Speech (whistle-blowers?)
5. Defamation
6. IP – Trade Secrets, NDA
7. True Threats

23. 10. Freedom of Information/Speech
Paul Chambers, 27 yr old accountant
tweeted, “”Crap! Robin Hood airport is closed.
You’ve got a week and a bit to get your shit
together otherwise I’m blowing the airport sky
high!!”
He was convicted and fined. Judge Jacqueline
Davies said of the Tweet “It’s menacing in its
content and obviously so. It could not be more
clear. Any ordinary person reading this would see it
in that way and be alarmed.”

24. Q&A

25. Thank you!
Deborah Gonzalez, Esq.
Law2sm, LLC
404-857-1331
www.law2sm.com
deborah@law2sm.com