Social Media Opportunities & Pitfalls: Twitter, Facebook and

Blogs

Andrew PowersPublic Information OfficerCity of Thousand Oaks

JoAnne SpeersExecutive DirectorInstitute for Local Government

Agenda Overview:i. Our Background

ii. Overview of Social Media

iii. Legal Issues Relating to Social

Media

iv. Why & How

v. Q & A

What is Social Media . . .

* Social media is any form of online publication or presence that allows end users to engage in multi-directional conversations in or around the content on the website.

What is Social Media . . .

* Social media is the use of technology combined with social interaction to create or co-create value.

What is Social Media . . .

* Social media are works of user-created video, audio, text or multimedia that are published and shared in a social environment, such as a blog, wiki or video hosting site.

Twitter:• Twitter is a social networking and

microblogging service that enables its users to send and read messages known as tweets.

• Tweets are text-based posts of up to 140 characters displayed on the author's profile page and delivered to the author's subscribers who are known as followers.

Twitter:

• 44 million Twitter users• 73% joined during first five months of

2009• 53% women / 47% men• Demographics:

- 25-34 = 20%- 35-49 = 42%- 55+ = 17%

Facebook:

• Mission is to give people the power to share and make the world more open and connected.

• A social networking site that was originally designed for college students, but is now open to anyone 13 years of age or older.

Facebook:

• Users can create and customize their own profiles with photos, videos, and information about themselves. Friends can browse the profiles of other friends and write messages on their pages.

• Each profile has a "wall," where friends can post comments. Since the wall is viewable by all the user's friends, wall postings are basically a public conversation.

Facebook:

• Over 400 million active users• Over 200 million log on at least once a day• 2/3 are outside of college• Fastest growing demographic = 35 and up• 70% outside of the United States• People spend over 500 billion mins/mth on

site

• YouTube is a video sharing website on which users can upload and share videos.

• Unregistered users can watch the videos, while registered users are permitted to upload an unlimited number of videos.

You Tube:

• 24 hrs of video uploaded to YouTube every minute

• 1 Billion views per day

• 51% of users go to YouTube weekly or more often

• 52% of 18-34 year-olds share videos often with friends and colleagues.

YouTube:

• A blog ("web log") is a type of website, usually maintained by an individual with regular entries of commentary

• Worldwide there are @ 113 Million Blogs

Blogs:

www.technorati.com

Blogs:

Legal Issues and Social Media

One Frame: Types of Legal Issues (p 2)

First Amendment—Local Agency Use of Social Media

Use of Public Resources (Personal/Political)

Employee Activities on Social Media

Other HR Issues Screening employees Discrimination and harassment

Types of Legal Issues

Open meeting laws

Public records

Procurement, gift and contract issues

Equal access issues/§ 508 issues

Another Frame: User

Individuals’ Use of Social Media

Agency’s Use of Social Media

Individuals’ Use

Employee use

Elected official use

Bottom Line: Issues are the same as other forms of

communication Apply familiar legal principles to new

media

Example: Employee Activities

Employee personal (non-agency) posts

On agency time: Personal use of public resource

(p 6)

Right to comment on issues of public concern (pp 8-9)

Disciplinary issues

Harassment Conduct unbecoming an officer

Elected Officials Activities

Brown Act Using technology to discuss

issues in agency’s subject matter jurisdiction

Political Use of Public Resources City email on ballot measure

advocacy DiQuisto

Agency Use of Social Media

First Amendment Issues

Public Records Act Issues

First Amendment Issues (pp 2-6)

Conventional website (web 1.0) Nonpublic forum One-way communication Vargas (n. 18)

Informational

First Amendment Issues (pp 2-6)

Web 2.0: Interactive media

Designated public forum or limited public forum

Bottom Line: Can’t delete posts because one disagrees with message

Strategies (p 4)

Key: Adopt a social media policy Notice to public (link) -”designates” public

forum Guidance to staff

Excerpts pp 5-6/links in footnotes

Whole policies available at:www.ca-ilg.org/socialmediapolicies

Social Media Policies

Prohibit:

Commercial posts

Profanity Possible caveat: If one is commenting on

the Draft

Campaign posts Caveat: Unless the agency includes links

Public Records Issues

Retention

Disclosure

Public Records Retention

No statutory definition

AG Definition: “Lasting indication” “for future reference”

Social media content ≠ records subject to retention requirements

Say so in retention schedules

Records Disclosure (pp 12-16)

Postings on social media sites

Not in possession of agencies

Not maintained or retained by agency

Transparency Strategies

Use social media to drive traffic to (section 508 compliant) agency website

Use settings so “everyone” can access content (not just friends)

Synch privacy policy with approach to public records disclosure

For More Issues & Analysis

See paper Has lots of footnotes, sample language and

links “Dos and Don’ts”

Also see website: www.ca-ilg.org/cgitechnology

Key Questions:

Why does my organization want participate in social media?

How will social media be incorporated into my overall customer experience?

Do you have a long-term strategic vision for utilizing social media tools?

Developing a Social Media Strategy:1) Create a cross functional / mixed

generational team

2) Listen to what’s already out there – www.socialmention.com

3) Determine your tools

Tips for Developing a Social Media Strategy:

4)Review and modify existing policy -- utilize “Best Practices” and plan for future growth

5)Determine roles & responsibilities for lasting success

6)Develop a style + tone that’s uniquely yours

7)Monitor, re-evaluate, augment

Twitter:

Facebook:

You Tube:

Ever evolving …

Social Media Opportunities & Pitfalls: Twitter, Facebook and

Blogs

Andrew PowersPublic Information OfficerCity of Thousand Oaks

JoAnne SpeersExecutive DirectorInstitute for Local Government

Q & A