Legal Aspects of Social Media
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Social media has come a long way in a very short time and organisations are struggling to keep up. What started as a clever way to keep in touch with old school friends ten years ago has become a core part of the work of many people and their employers and so it is vital that use of social media is compliant with the laws of the land and works as a promotional tool and not a source of potential risk. Matthew Stephenson, head of information governance at the University of Salford and chairman of the Information and Records Management Society will guide you through this complex and uncertain area. Presentation by Matthew Stephenson, delivered at UCISA Using Social Media for Training on 18/04/2012.
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Legal Aspects of Social Media
- 1. Legal aspects of Social Media Matthew Stephenson Head of Information Governance m.stephenson@salford.ac.uk © University of Salford, April 2012
- 2. When you think of the University of Salford, we want you to think of this… © University of Salford, April 2012
- 3. … not this! © University of Salford, April 2012
- 4. Problems with Social Media • Proliferation • All things to all people • No rules • Blurring of boundaries between work and personal • No absolute answers © University of Salford, April 2012
- 5. Use of Social Media Should be: • Lawful • Aware of other risks • Responsible • Sensible © University of Salford, April 2012
- 6. Lawful Most important legislation to bear in mind: • Copyright • Privacy and Data Protection • Defamation and Libel • Court decisions • Other laws © University of Salford, April 2012
- 7. Copyright • Pictures and Photos • Pasting/ Reposting/Retweeting from copyright sources • Streaming • Use of illegal material you own the copyright to © University of Salford, April 2012
- 8. Privacy and Data Protection • Information provided by living people • DPA is a very big act • Fair • Purpose • Transparency © University of Salford, April 2012
- 9. Defamation and Libel Very concerning in terms of Social Media use: • Stating untrue “facts” • Use of opinion to make allegations • Action against individual/organisation © University of Salford, April 2012
- 10. Court decisions In terms of injunctions for example • Identifying people who have injunctions preventing their identificiation • Applies to doing it yourself, retweeting, or just linking to it © University of Salford, April 2012
- 11. Other laws Computer misuse • Changing someone else’s records • False tagging of people in photos Disorder and terrorism • Inciting riots • Encouraging terrorism © University of Salford, April 2012
- 12. Aware of other risks • Reputational – University • Reputational – Personal • Commercial • Academic © University of Salford, April 2012
- 13. Reputational – University • “Please do not contact the Department of X which is closed due to vandalism” • “Here’s proof that Professor X was having an affair with his secretary” • “Alreet the lads, here’s pics from our Rugby Trip to the Toon” • “Here are those notes from last weeks lecture” © University of Salford, April 2012
- 14. Reputational - Personal • “Had a great night at the ‘Blue Oyster’ last night” • “Nobody is in the office so I am going home early” • Pictures on Facebook etc. • Links on Facebook/Blogs • Love Bunny S&M site? • Salford Mental Health Forum? © University of Salford, April 2012
- 15. Commercial • “Looking for another job – looks like the School is closing down” • “For a sneak preview into our Annual Accounts, click here” • “Just invented cold fusion, all I did was …” • “Student numbers are lower this year” • “Heavens above, £400,000 for the Vice Chancellor’s new desk?!” © University of Salford, April 2012
- 16. Academic • Going against the traditional academic model of publication and peer review • Posting work on Blogs • Tweeting • Needs a considered approach • One person against the world will not work • Nor will one corporate policy © University of Salford, April 2012
- 17. Responsible • Grey areas require users to act in a responsible manner • Students and Staff alike • University or Personal channels alike • Need balance between work/non-work © University of Salford, April 2012
- 18. Grey Area • Social media blurs the boundaries of what is professional and personal • It’s the personal stuff on professional sites and vice versa which can be the most interesting and insightful. • While you need rules they must be flexible or varied © University of Salford, April 2012
- 19. Staff and Students • All should be covered by rules relating to use of social media as with anything • Staff employment contracts • Student code of conduct • Disciplinary policies should make clear what is expected whether on University property or elsewhere • Social Media Policy © University of Salford, April 2012
- 20. University and personal channels • Pasting inappropriate material on University channels is straight forward • On non-university channels, may seem counter intuitive but all are required not to bring University into disrepute • Love bunny S&M site • Matt Stephenson’s personal blog • Matt Stephenson’s professional blog • University of Salford’s Information Governance Blog © University of Salford, April 2012
- 21. Work and non-work balance • Can I post pictures of my kittens on work blog? • Can I talk about work on my personal blog? • Need to identify and specify a balance • 80% v 20%? • ⅔ v ⅓? • 100% v nothing? © University of Salford, April 2012
- 22. Sensible • By institutions • By individuals © University of Salford, April 2012
- 23. Sensible institutions • Need rules • Need different rules for different circumstances • Different channels • Different levels in institution • Corporate v departmental v student organised • Staff v Student © University of Salford, April 2012
- 24. Rules • For each channel • For each level • For staff/students • Disclaimers • Which rules apply • Impact on other communication channels © University of Salford, April 2012
- 25. Sensible people • Keep home life mainly at home • Keep work life mainly at work • Abide by the rules • Law • Employer/University • Website AUPs etc. • Remember that nothing on the internet is private © University of Salford, April 2012
- 26. In Summary • There are laws you must abide by • More importantly, your reputation may be damaged by use of social media • Institutions and Individuals alike must act responsibly and sensibly • There is no magic bullet • Rules, flexibility, responsibility and sensibility are key! © University of Salford, April 2012