Why You Need a Social Media Policy

Presented by: Gene Takagi
Why You Need a
Social Media Policy
Copyright © 2012 Nonprofit Exempt Organization.. All rights reserved.

Maybe you shouldn’t play the game …
… until you
know the
rules.

What could go wrong?
GOAL!

Some Areas of Concern
• Defamation
• Facebook firings
• Intellectual property infringement
• Social media-driven fundraising
• Advocacy
• Whose site; whose rules?
• Damage control

Defamation
Statement …
• Published
• False
• Causes injury

Where’s the libel?
Climate change is a hoax,
you idiots!
F*** off, you child molesting
moron!!!

Soul Circus vs. PETA
PETA: SCI [Soul Circus] does not care about the
treatment, health, or wellbeing of its animals.

Policies
“Be respectful”
“Don’t defame anyone”
Give examples/context

Facebook Firings
We are versed
with the web.
Don’t I have
a right to
complain?

National Labor Relations Act
Section 7 right of employees to engage in:
concerted activities
for
mutual aid or protection

Protected activities
Complaining about work conditions

Unfair Labor Practices
• Unlawful discharge/disciplinary action
• Overbroad policies like …
• Can’t post bad things about the organization
• Can’t post bad things about other employees
• Can’t violate confidentiality of any person or entity

SM Employee Policy Tips
• Use specific examples or limitations
• Avoid ambiguous or vague language when possible
• Use appropriate disclaimers
• See NLRB AGC Report – May 30, 2012

Intellectual Property: Infringement
“For the cure”
“Super Bowl”
Articles, Art, Music,
Photos, Videos
™ ©

Fair Use Exception
Use for nonprofit educational purposes
(not just to make a post pretty)

Policies
• Protect your IP
• Restrict infringing uses of other parties’ IP
• Okay: Respect copyright and other IP laws.
• Not okay: Don’t use copyrighted materials.
• Give examples

Social Media & Fundraising
• Promoting locally-organized events
• Triggering state registration/reporting requirements
• Crowdfunding

Locally Organized Events
Who is ultimately responsible?
Who is managing the event? Insurance?

Do you know who you are delegating to?

State Registrations
Targeting residents
or
Receiving gifts
repeated & ongoing or substantial
Most states require registration and reporting
- www.multistatefiling.org

Fundraising: Crowdfunding Options

Policies
• Be clear on whether you’re responsible for an event
• Delegate responsibility for your events with care
• Provide instructions/rules for your event organizers
• Use waivers and disclaimers when appropriate

Advocacy: Lobbying
No “substantial” lobbying
But generous limits
501(h) election

Advocacy: Electioneering & SM Issues
No endorsing/supporting candidates for public office

Policies - Resource
Influencing Public Policy in the Digital Age - Alliance for Justice

Employee Issues: SM account ownership
Who owns an employee’s Twitter account?
PhoneDog

Policies for Employee’s Personal SM
Accounts
• Don’t represent yourself as the organization’s
spokesperson unless so authorized
• If you are posting on issues of significance to the
organization, consider identifying yourself as an
employee
• Include a disclaimer like: “The
postings on this site are my own
and do not necessarily reflect the
views of [Organization].”

That’s Just Wrong …
Bullying
Hate speech
Messages
contrary to
our missionConfidential/
private
information
TMI
Fraud/misrepresentations

Damage Control: American Red Cross

American Red Cross Response
.

Disclaimer
The information contained in this presentation has been prepared by NEO Law Group
and is not intended to constitute legal advice. NEO Law Group has used reasonable
efforts in collecting, preparing, and providing this information, but does not guarantee
its accuracy, completeness, adequacy, or currency. The publication and distribution of
this presentation are not intended to create, and receipt does not constitute, an attorney-
client relationship.
gene@neolawgroup.com | twitter.com/GTak
http://www.facebook.com/nonprofitlaw
201 Spear St., Suite 1100 | San Francisco, CA 94105 | 415.977.0558
NEOLawGroup.com | NonprofitLawBlog.com

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