Governing Social Media in Public Bodies Colin Langford

Governing Social Media in Public Bodies Colin Langford, CIPFA

#Gov. Conf 13 Welcome to the session § Objectives: § To consider the rise and rise of social media § The governance response – social media governance § Action planning

#Gov. Conf 13 Social Media § “The interaction among people in which they create, share and/or exchange information and ideas in virtual communities” § It is estimated that there are in excess of 350 million tweets every day …

#Gov. Conf 13 The good news ? § It has never been easier, or cheaper to communicate with stakeholders! § There are many examples of effective use of the new technology § e. g. the NAO uses Twitter; Facebook; Flickr; Google Plus; You. Tube and RSS feeds to get its message across

#Gov. Conf 13 The not so good news ? § Like everything else, it is a two edged sword § The rise of burglaries as a result of tweets § The growth of “armchair auditors”

#Gov. Conf 13 The legal position § Section 127 of the Communications Act states that it is an offence to send through a “public electronic communications network” a message or other matters that are “grossly offensive” or of an “indecent, obscene or menacing character” § The number of people convicted annually of crimes involving social media and other forms of public electronic communications has trebled since 2009.

#Gov. Conf 13 The legal position § Handyside v UK § The Court of Human Rights observed that the right to freedom of expression includes the right to say things or express opinions “… that offend, shock or disturb the state or any sector of the population”.

#Gov. Conf 13 Consider this … § Everyone with a smartphone is potentially now a publisher! § People post a wide range of thoughts, opinions, jokes and statements § Organisations must acknowledge that managing social media risk is a very real issue, in terms of reputational risk

#Gov. Conf 13 The governance dilemma § There is a thin line between policing social media and policing free speech § Cases thus far have covered defamation; discrimination; harassment; misconduct and breach of basic human rights § Consequences can be devastating for individuals and organisations

#Gov. Conf 13 A salutory lesson ? § “I accept that I have made comments on social networking sites which may have offended many people and I am really, truly sorry for any offence that has been caused. I strongly reiterate that I am not a racist and I’m not homophobic. I have fallen into the trap of behaving with bravado on social networking sites. I hope that this stands as a learning experience …”

Case Law … § #Gov. Conf 13 Gill v SAS Ground Services UK Limited § Employers can use entries on websites such as Facebook and You. Tube as evidence in disciplinary proceedings § Crisp v Apple Retail UK Limited § Apple used its policies and procedures to fairly dismiss an employee who had made several Facebook posts it considered could damage its reputation § Teggart v Tele. Tech UK Limited § Fair dismissal of an employee for offensive comments made about a work colleague on Facebook § Tasler v B&Q Limited § Unfair dismissal of an employee – employee must be able to demonstrate the measures they have taken to communicate and train employees about Social Media use

#Gov. Conf 13 Prosecution Guidance § June 2013 § “We must recognise the fundamental right to freedom of expression and only proceed with prosecution when a communication is more than offensive; shocking or disturbing, even if distasteful or painful to those subjected to it” § Is there a hate crime element? § Public interest test: § Was there a targeted and sustained campaign to a wide audience v a one-off comment to a small audience? § Was the message taken down promptly? § Was the message blocked?

#Gov. Conf 13 Issues … § The concept of “sentimentitis” § A PR department’s nightmare! § Monitoring social media can put an extra burden on organisations, who are already struggling to keep up with e-mails; texts and telephone calls § It’s more of people issue than a systems issue

#Gov. Conf 13 Social Media Governance Strategy § Has this been a Board agenda? § We tend to be reactive! § Do you have one? § Do you need one?

#Gov. Conf 13 Social Governance Media Strategy § Some thoughts: § § § § Security – data privacy controls Crisis management Policy promulgation Training and awareness raising Compliance assurance Disciplinary issues of breaches Cultural issues

#Gov. Conf 13 Summary § It can often be a harsh lesson to learn! § You are dealing with a potential “loose cannon” § Better to be safe than sorry – get a strategy in place now if you don’t have one