The document discusses social media management and legal concerns, noting that companies should plan risk management strategies before engaging in social media, monitor their social media presence to address issues quickly, and respond to issues on the social media sites themselves for timely response and credibility. Recent examples highlight legal risks around employment, confidentiality, defamation and how viral events on social media can have significant impacts.

1. Social Media
management and legal concerns
June 9, 2011
Chris Gatewood
Social Media
@gatewood5000
Administrators
www.thresholdcounsel.com

2. Social Media Management
1. Risk Management
and Legal
Considerations
2. Monitor
3. Respond, quickly

3. 1: Risk
Management
• Before You Act, Plan
• Draw lines on the field
• Affirmative instructions
• Manage Your Risks
• Develop SM policies, training

4. Legal Risks:
What is Social Media
Law?
If there is such thing, it is mainly
• Employment
• Confidentiality
• Regulated Industries
• Defamation
• First Amendment

5. Recent Examples: Viral Effects
Best / Worst Birthday Party
Sweet 16 Run Amuck
• German teenager
• Birthday posted on
Facebook
• 1,500 “guests” showed
up

6. Recent Examples:
Employment
Souza v. AMR
• Connecticut ambulance
worker
• Facebook comments
• Fired, but NLRB said that she
was protected under NLRA
• Was SM policy and firing too
harsh?
• Case settled

7. Recent Examples: Take-
backs
Tweet Apology, times 100
• Malaysian blogger Fahmi
Fadzil
• 100 tweets over 3 days
• "I've DEFAMED Blu Inc Media
and Female Magazine. My
tweets on their (human
resource) policies are untrue. I
retract those words and hereby
apologize"

8. 2: Are You
Listening?
What you don’t
hear can cost
you. Money
Monitor:
• Low End – free, DIY Google Alerts
• Mid-Level – paid service (Trackur,
etc.)
• Full Service – hire someone

9. 3: Respond On-Site
Iron While Damp
Why?
• Fast, Same Place
Why Not?
• Attention, Credibility