broward league of cities social media workshop
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Social Media Workshop
January 27, 2011
Presenters: Mike Fruchter
Director of Digital Strategy
Pierson Grant Public Relations
Matthew H. Mandel, Esq. Partner
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Agenda for Presentation
1. What is “Social Media”?
2. Understanding the different platforms
3. How municipalities are using Social Media
4. Legal considerations when using Social Media
What is Social Media?
• A set of tools and platforms used for real-time communication.
• A two-way form of communication.
• Consumer-generated media (CGM)
Core components of social media: Content
Contribution
Community
Engagement (two-way dialog)
Listening
How are social media platforms being used?
Launched in 2004 as a social networking
platform for Harvard students and eventually
expanded to other colleges and universities.
· 2006: Facebook opened its door to anyone.
· Tens of millions of new users came to the site.
· Dethroned MySpace.
4 Primary Reasons People/Brands Use Facebook
1. Connect and reconnect with friends, family and colleagues
2. Post and share content such as photos, videos and links
3. Engage with current and potential customers through community building
4. Keep up-to-date on their favorite brands, bands, celebrities, politicians and entertainers
Facebook: Did you know?
• Has more than 600 million active users
• 50% of active users log on to Facebook every day
• Average user has 130 friends
• People spend over 700 billion minutes per month on Facebook
Facebook: Did you know?
• If Facebook were a country, it would be the third most populated in the world behind China and India.
• There are more than 200 million active users currently accessing Facebook through their mobile devices.
• People who use Facebook on their mobile devices are twice as active on Facebook than non-mobile users.
Twitter• Launched in 2006 as a simple way to communicate in real-time,
comparable to instant messaging.
• Allows the user to send a concise message to followers in under 140 characters.
• Has become the pulse of real-time global news and empowered the masses to become citizen journalists.
4 Top Reasons People/Brands Use Twitter1. Follow their favorite brands, friends, family and colleges
2. Share informative links of interest with followers
3. Customer service tool
4. Monitor consumer chatter and sentiments
Twitter: Did you know?
· Has more than 175 million users
· More than 100 million tweets are sent each day
· 54% of Twitter users are age 35 and over
· 82% of Twitter users are age 25 and over.
· The lifespan of a re-tweet is roughly one hour.
· Launched in 2003 as a business-oriented
social networking site.
· Mainly used for professional networking.
· Users can connect with colleges and potential employers.
· Offers resources and tools for job seekers.
How are employers & individuals using LinkedIn?• Connecting with colleges and HR hiring managers
• Listing jobs and searching for potential candidates
• Following companies and getting notifications
about new employment opportunities
• Q & A forum to seek and give advice to the community
YouTube· Biggest video sharing site in the world,
launched in 2005
· Acquired by Google just one year later for $1.65 billion.
· First video uploaded in April 2005 remains online
to this day.
How are brands and people using YouTube?
· Publishing and sharing personal and commercial video
· Empowering people to become “citizen journalists”
· Video blogging
· Sales and marketing tool – visuals tell a compelling story
YouTube: Did you know?
• Over 35 hours of video is uploaded every minute.
• If three of the major US networks were broadcasting 24 hours
a day, 7 days a week, 365 days a year for the last 60 years,
they still wouldn’t have broadcast as much content as is
uploaded to YouTube every 30 days.
YouTube: Did you know?
• More than 2 billion views a day -- double the prime-time audience
of 3 major U.S. broadcast networks combined.
• 70 % of traffic from outside the U.S.
• 185.39 million = the number of times the most popular video on YouTube, Lady Gaga’s “Bad Romance,” has been played.
Mike FruchterDirector of Digital Strategy
Phone: (954) 776-1999, ext. 231mfruchter@piersongrant.com
piersongrant.com
Legal Considerations When Using Social Media
www.wsh-law.com
Can Social Media Sites Be Deemed Public Records?
•Cities are allowed to have social media sites if in furtherance of a valid municipal purpose (AGO 09-19).
•Individual elected officials could also have social media sites.
www.wsh-law.com
Can Social Media Sites Be Deemed Public Records?
•Section 119.011(12):
“Public records” mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
www.wsh-law.com
Can Social Media Sites Be Deemed Public Records?
•Section 119.011(2):
“Agency” means state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law . . .
www.wsh-law.com
Can Social Media Sites Be Deemed Public Records?
Because elected officials are municipal officers, any record created in connection with the transaction of official business is a “public record.”
www.wsh-law.com
Can Social Media Sites Be Deemed Public Records?
Posting messages on social media sites pertaining to official city business constitutes a public record.
www.wsh-law.com
What are the Retention Requisites?
Public records law imposes a duty of disclosure and retention upon persons who have custody of public records (AGO 08-07).
www.wsh-law.com
What are the Retention Requisites?
Custody has been described as having supervision and control over the document or having legal responsibility for its care, keeping or guardianship (AGO 08-07).
www.wsh-law.com
What are the Retention Requisites?
Public records must be kept in accordance with General Retention Schedule (GS1-SL).
www.wsh-law.com
What are the Retention Requisites?
•No single retention period applies to electronic media, including social media sites.
•Retention periods are determined by the content, nature and purpose of the records.
•It is irrelevant what format in which they reside or the method by which
they are transmitted.
www.wsh-law.com
What are the Retention Requisites?
When in doubt, print it out.
www.wsh-law.com
What are the Sunshine Law Implications?
Florida’s Sunshine Law has 3 basic requirements:
• Meetings of public boards or commissions must be open to public;
• Reasonable notice of such meetings must be given; and
• Minutes of the meetings must be taken and promptly recorded.
www.wsh-law.com
What are the Sunshine Law Implications?
Florida’s Sunshine Law applies to any gathering, formal or informal of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken.
www.wsh-law.com
What are the Sunshine Law Implications?
•Florida’s Sunshine Law to be construed “so as to frustrate all evasive devices” (AGO 09-19).
•Therefore, members of a public board may not use computers to conduct a private discussion about board business.
www.wsh-law.com
What are the Sunshine Law Implications?
Attorney General concluded that use of website blog or message board to solicit comment from other members of a board triggers requirements of Sunshine Law (AGO 08-07).
www.wsh-law.com
What are the Sunshine Law Implications?
•Mere posting of position does not violate Sunshine Law.
•But use of social media sites, website blogs or message board to solicit comment from or to respond to other members of a board would trigger requirements of Sunshine Law.
www.wsh-law.com
Matthew H. Mandel, Esq. Partner Chair, Litigation Division
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Phone: (954) 763-4242
Mmandel@wsh-law.com
www.wsh-law.com
Questions?
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