Social Network Sites Managing risks

Social Network Sites Managing risks

“Harnesses the power, Manage the risk”

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YOUR NEEDSWhat are your Social Network aspirations and fears?

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SOCIAL NETWORKSUSE AND RISK

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WHY0.5 Billion connected

Facebook is now the 3rd biggest ‘nation’ in the

world

What was said in the living room is now published on Facebook

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Source: www.omniture.com

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What’s the SN Journey?

ENGAGE

ENABLE

EMPOWER

ENGAGE people in thinking about the issues they CARE about.

Make their views heard; ENABLE people to participate in debate, polls, forums etc.

EMPOWER people with real decision making power.

HIGHER RISK?

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Sharing Information

The ‘Social’ bit

Engage

www.podnosh.com

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It’s a conversation

What if these were ‘controversial’?

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THE RISKSSocial Media Networks

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SOCIAL NETWORK

RISK

General

Personal

Nasty

Business

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1. State the jurisdiction in your Terms & Conditions, and which country's law will be followed.

1. Stay up-to-date with high profile cases

2. Fast effective take down procedures

GENERAL

Jurisdiction

Contempt of Court

Employee use of Social

Networks

1. Keep personal and work accounts separate

2. Employees with access should have ‘basic’ legal training

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GUILTY

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POLICY DEVELOPMENT• Managers should not adopt

an unnecessarily restrictive approach .. ensure that any special instructions on blogging or microblogging are reasonable and explained clearly to staff ..

• .. bear in mind concerns about impartiality, confidentiality, conflicts of interest or commercial sensitivity

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Corporate me, Personal me

The personal me – a.k.a. the CPO

Keeping the two ‘worlds’ apart can be difficult: POLICY MANAGEMENT

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React quickly!

Source http://www.nma.co.uk

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PERSONA

L

Data Protection

Defamation

1. Understand the concept of ‘Personal Data’2. Make sure employees know about the right

of access3. Be clear about how and with whom

personal data is shared, and where it goes (transfer)

4. Understand and respect the ‘Privacy Bubble’

1. Have an effective, well publicised ‘Notice and Takedown’ procedure

2. Have clear ‘rules of engagement’ that spell out how Users will behave on your site

3. Have clear monitoring policies and follow them!

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CASE LAW: Applause Store Productions Ltd and Firscht v Grant Raphael

Defamation disseminated via Facebook resulted in a successful claim for damages totalling £22,000

Firscht’s lawyers obtained a Norwich Pharmacal order against Facebook Inc. for disclosure of the registration data provided by the user responsible for creating the false material

Civil Justice Council comment on the Defamation Bill includes a request for ‘less generous defence’ if ISPs withhold user data!

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FB ‘Report/Block’ mechanism

What if this were a defamatory or ‘bullying’ statement?

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FB reporting tool

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Twitter libel in the UK

March 11th, 2011: Caerphilly county councillor Colin Elsbury ordered to pay £3,000 damages plus costs His tweet wrongly claimed Eddie Talbot had

been removed from a polling station by police during a by-election in 2009.

He will tweet an apology and faces a costs bill of around £50,000 after acknowledging that he defamed Talbot.

Draft Defamation Bill may address libel in the age of social media; follow it!

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NASTY

Abuse, Hate

Crime & Terrorism

Harassment

Obscenity

1. Hate crime: is any criminal offence, motivated by hostility or prejudice based upon the victim’s disability, race, religion or belief, sexual orientation, or gender words. This includes pictures, videos, and even music

2. MONITOR, and have ‘Report this content’ functionality

1. Difficult to pin responsibility on the site owner .. But

2. Have clear ‘community rules’

1. Have clear, effective take down notices

2. Have ‘report this content’ functionality

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Our Secret

Don’t tell anyone

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BUSINESS

Intellectual Property

Competitions

Marketing &

Advertising

1. Control UGC closely2. Have users positively agree to

site terms and conditions3. Have an effective Notice and

Takedown process4. Make sure terms and condition

explain IP

1. Read your Gambling Act Guidance: Don’t run illegal lotteries

2. Collect personal data carefully (Data Protection Act 1998)

3. Think about multi-jurisdiction and possibly restrict entries.

1. CPRs 2008. No Misleading statement!2. BPRs 2008. No unfair comparisons with

competitors3. Rules and best practice wrt children

including CAP

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CAP Remit Extended to .. Where?

Own website, or; non-paid-for space online under their control e.g.

Facebook! What?

Advertisements and other marketing communications that are directly connected with the supply or transfer of goods, services, opportunities and gifts, or;

direct solicitations of donations as part of their own fund-raising activities.

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When does crowd sourcing become marketing?

UGC

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‘Adopt or incorporate UGC’Will be controlled

Will NOT be controlled

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Twitter

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WHERE NEXTIt’s not a blank sheet of paper

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‘Top Tips’1. Develop and promote policies to cover the use of

interactive social websites as well as use of email and access to non-interactive websites

2. Make employees aware that they are personally responsible for their online posts and disclosure of confidential or sensitive information

3. Make sure contributors understand how their online activities will be monitored

4. Have a clear escalation procedure and incident management process and test it

5. Identify certain activities as ‘gross misconduct’ liable to result in dismissal/removal (from groups) a.k.a. ‘speak quietly but carry a big stick’

TEST this awareness and have auditable evidence that they understood their responsibilities

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Key resources

DataGuidance Free trial available with reference code

‘ICOFT’ Contact [email protected]

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To find out more about your speakeriCompli® Limited.Silverstone Innovation Centre

Duncan SmithMain: 0844 88 44 235email: [email protected]: www.icompli.co.ukBlog: http://icompli.blogs.com/ @duncan_icompli