School p rpresent

Avoiding Social Avoiding Social Media LandminesMedia Landmines

Joel Campbell Joel Campbell

Brigham Young UniversityBrigham Young University

A cautionary taleA cautionary tale

When a Coalinga High School principal sent a When a Coalinga High School principal sent a former student's MySpace.com rant to the former student's MySpace.com rant to the local newspaper, his conduct was local newspaper, his conduct was "outrageous," a Fresno County Superior "outrageous," a Fresno County Superior Court jury ruled Monday.Court jury ruled Monday.

But, the jury ruled, the action didn't damage But, the jury ruled, the action didn't damage her.her.

The mixed verdict ended Cynthia Moreno's The mixed verdict ended Cynthia Moreno's lawsuit and her hopes to make Roger lawsuit and her hopes to make Roger Campbell and the Coalinga-Huron Joint Campbell and the Coalinga-Huron Joint Unified School District pay for his actions.Unified School District pay for his actions.

Twitter defamationTwitter defamation

If the public didn't read Amanda Bonnen's Twitter If the public didn't read Amanda Bonnen's Twitter feed before, they will now, thanks to a defamation feed before, they will now, thanks to a defamation lawsuit brought against her by Horizon Group lawsuit brought against her by Horizon Group Management in Chicago.Management in Chicago.

Bonnen, a tenant, posted an update that said, Bonnen, a tenant, posted an update that said, "Who said sleeping in a moldy apartment was bad "Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it's okay."for you? Horizon realty thinks it's okay."

Now she's being sued. The management company Now she's being sued. The management company says it has been greatly injured in its reputation says it has been greatly injured in its reputation as a landlord in Chicago because of the Tweet, as a landlord in Chicago because of the Tweet, and seeks an excess of $50,000 in damages.and seeks an excess of $50,000 in damages.

What we’ll cover What we’ll cover today…today… What can I What can I say (or publish)?say (or publish)? In which form should I say it?In which form should I say it? What can I What can I use?use? The Ghost of Social Network The Ghost of Social Network

Sites Past…or Sites Past…or “How to Lose a “How to Lose a Job in 140 Characters.”Job in 140 Characters.”

Know your Code of Know your Code of EthicsEthics

The The PRSAPRSA and and SPJSPJ Code of Code of Ethics spell out fundamental Ethics spell out fundamental ethical values.ethical values.

www.spj.org/ethicscode.asp

http://www.prsa.org/AboutPRSA/http://www.prsa.org/AboutPRSA/Ethics/Ethics/

They should be your guides.They should be your guides.

A recurring theme of A recurring theme of communications ethicscommunications ethics

Whether your actions are Whether your actions are intended or unintended, intended or unintended, whether they are based on whether they are based on willful disregard willful disregard for ethics and for ethics and the law or based on the law or based on ignoranceignorance……

Either way, you are accountable.Either way, you are accountable.

Pop quiz!Pop quiz!

To prove that he or she was defamed in a blog, a To prove that he or she was defamed in a blog, a plaintiff must show that a certain number of people plaintiff must show that a certain number of people who saw the material understood it to have defamatory who saw the material understood it to have defamatory meaning. According to U.S. law, how many people meaning. According to U.S. law, how many people must interpret the material as defamatory to meet this must interpret the material as defamatory to meet this condition?condition?

a.a. Three or more.Three or more.

b.b. Two or more.Two or more.

c.c. A “representative sampling” of the reader group.A “representative sampling” of the reader group.

d.d. One.One.

Pop quiz!Pop quiz!

To prove that he or she was defamed in a blog, a To prove that he or she was defamed in a blog, a plaintiff must show that a certain number of people plaintiff must show that a certain number of people who saw the material understood it to have defamatory who saw the material understood it to have defamatory meaning. According to U.S. law, how many people meaning. According to U.S. law, how many people must interpret the material as defamatory to meet this must interpret the material as defamatory to meet this condition?condition?

a.a. Three or more.Three or more.

b.b. Two or more.Two or more.

c.c. A “representative sampling” of the reader group.A “representative sampling” of the reader group.

d.d. One (it must be a third party).One (it must be a third party).

Social media legal woes are Social media legal woes are becoming more common!becoming more common!

Tweets.Tweets. Blogs.Blogs. Message boards.Message boards. Music downloading.Music downloading.

What is the Job of a What is the Job of a Spokesperson?Spokesperson?

To build public support for schools To build public support for schools and instill confidence in your and instill confidence in your school and Utah’s education school and Utah’s education system generally.system generally.

Who is a spokesperson? Anyone Who is a spokesperson? Anyone who is in a position to share who is in a position to share information that might be broadly information that might be broadly reported to anyone!reported to anyone!

S. Walton and J. Campbell, 10/27/10S. Walton and J. Campbell, 10/27/10

Communicating withCommunicating with the Public… the Public…

It used to be such an It used to be such an easyeasy job! job!

ButBut thesethese days,days, youyou havehave toto

contendcontend with…with…

A 24-hour news cycleA 24-hour news cycle

Citizen journalistsCitizen journalists

A 24-hour message cycleA 24-hour message cycle This means you’re “on” all the time:This means you’re “on” all the time:

– Continuously update websites and other Continuously update websites and other online infoonline info

– Update marquees and exterior signageUpdate marquees and exterior signage– Update recorded telephone greetings Update recorded telephone greetings

and messagesand messages– Keep exteriors of buildings clean and in Keep exteriors of buildings clean and in

good shapegood shape

ButBut thesethese days,days, youyou havehave toto

contendcontend with…with…

Email…The Gift that Email…The Gift that Keeps on GivingKeeps on Giving

The Specifics of Email The Specifics of Email EtiquetteEtiquette

Use “copy all” very sparinglyUse “copy all” very sparingly

Write the subject line like a headlineWrite the subject line like a headline

Include key messages, requests, dates Include key messages, requests, dates and details early. Use bullet points, and details early. Use bullet points, bold typebold type

Never put anything in an email that Never put anything in an email that you wouldn’t want to see in print…or you wouldn’t want to see in print…or in courtin court


Characteristics of E-MailCharacteristics of E-Mail

One optionOne option in your toolbox.in your toolbox.

NeverNever a substitute for face-to-face a substitute for face-to-face communications.communications.

Very good news/very bad news should be Very good news/very bad news should be communicated communicated personally.personally.

Email, by its nature, elicits less Email, by its nature, elicits less engagement from the audience. engagement from the audience. More More follow up needed follow up needed for commitments and for commitments and responsesresponses


E-Mail—Reasons to Be PrudentE-Mail—Reasons to Be Prudent

Easily forwarded Easily forwarded ----. . Once sent, you lose Once sent, you lose control.control.

Not truly secure or confidentialNot truly secure or confidential, , and and subject to legal discovery.subject to legal discovery.

No opportunity to explain No opportunity to explain what you meant what you meant or provide context. Anything said will be or provide context. Anything said will be taken literally and at face value.taken literally and at face value.

If you’re writing from an organization’s email If you’re writing from an organization’s email address, address, you represent the organization.you represent the organization.


E-Mail Best PracticesE-Mail Best Practices

..

PlainPlain English.English.

Don’t use all caps.Don’t use all caps.

Edit an email for potentially Edit an email for potentially misunderstood or misunderstood or offensive content. offensive content. Tone-read!Tone-read!

Speed is the enemy Speed is the enemy of good emails. of good emails. Give yourself as much time as possible.Give yourself as much time as possible.


What about blogs, What about blogs, Web sites, Facebook, Web sites, Facebook, Twitter?Twitter?

Online publishers have Online publishers have some protections against some protections against slander and libel…slander and libel…

TruthTruth—the best defense.—the best defense.

Opinion or fair comment Opinion or fair comment (identify (identify as such, but it won’t protect you as such, but it won’t protect you if you make a false statement).if you make a false statement).

Qualified privilege.Qualified privilege.

Pop quiz!Pop quiz!

Doing which of the following can help protect Doing which of the following can help protect against libel and defamation charges?against libel and defamation charges?

a.a. Stating negative opinions in non-Stating negative opinions in non-malicious language.malicious language.

b.b. Beginning such posts with “in my Beginning such posts with “in my opinion…”opinion…”

c.c. Posting the opinions in a user chat room Posting the opinions in a user chat room rather than in a post you publish yourself.rather than in a post you publish yourself.

d.d. a & b above.a & b above.

e.e. All of the above.All of the above.

Pop Quiz!Pop Quiz!

Doing which of the following can help protect Doing which of the following can help protect against libel and defamation charges?against libel and defamation charges?

a.a. Stating negative opinions in non-malicious Stating negative opinions in non-malicious language.language.

b.b. Beginning such posts with “in my opinion…” Beginning such posts with “in my opinion…” (don’t rely too much on this).(don’t rely too much on this).

c.c. Posting the opinions in a user chat room Posting the opinions in a user chat room rather than in a post you publish yourself.rather than in a post you publish yourself.

d.d. a & b above.a & b above.

e.e. All of the above.All of the above.

What’s a PR professional to What’s a PR professional to do?do? Control your emotions! Control your emotions! Counsel your Counsel your

clients/managers to do the same.clients/managers to do the same.

Choose words Choose words carefully.carefully.

Be Be accurate and truthfulaccurate and truthful—truth is your —truth is your best defense.best defense.

Stick to the Stick to the factsfacts as often as possible—if as often as possible—if it’s your opinion, say so.it’s your opinion, say so.

The “24-Hour Rule”…The “24-Hour Rule”…strategies to avoid saying strategies to avoid saying something you’ll regret latersomething you’ll regret later

• Physically leave Physically leave the computer area.the computer area.

• Before sending, Before sending, call someone you trust call someone you trust and and talk it through with them.talk it through with them.

• Save the draft Save the draft (or send it to yourself). (or send it to yourself).

Reread the next day.Reread the next day.

• Ask yourself: Would you say this face to face? Ask yourself: Would you say this face to face? Would you be comfortable seeing it in print or Would you be comfortable seeing it in print or in court?in court?

But what if But what if otherother people people say it on say it on mymy site? site?

Remain calm Remain calm (see the 24-hour rule).(see the 24-hour rule).

Have a Have a blog moderation policy.blog moderation policy.

ISPs (but not those who post) ISPs (but not those who post) protected protected by Section 230 of the 1996 by Section 230 of the 1996 Communications Decency Act.Communications Decency Act.

Blog moderation Blog moderation policiespoliciesThe best blog disclaimers are—The best blog disclaimers are— clear,clear, noticed,noticed, read, andread, and reflect what’s actually occurring on the reflect what’s actually occurring on the blog.blog.

(From “Balance in the Blogosphere,” November (From “Balance in the Blogosphere,” November 2008 2008 TacticsTactics, used with permission of PRSA.), used with permission of PRSA.)

Use other peoples’ comments or not—Use other peoples’ comments or not—but don’t change or edit them.but don’t change or edit them.

Part II: What can I Part II: What can I use?use?

Pop quiz!Pop quiz!

You are a high school student assigned to You are a high school student assigned to create a multimedia project for an honors class. create a multimedia project for an honors class. You include copyrighted text, graphics, video You include copyrighted text, graphics, video clips, paintings, photographs and computer clips, paintings, photographs and computer screen shots that you have not requested screen shots that you have not requested permission to use. You then digitally copy it permission to use. You then digitally copy it onto a DVD for presentation in the classroom.onto a DVD for presentation in the classroom.

Can you do this legally?Can you do this legally?

a. Sure. a. Sure. b. Surely you jest.b. Surely you jest.

Pop quiz!Pop quiz!

You are a high school student assigned to You are a high school student assigned to create a multimedia project for an honors class. create a multimedia project for an honors class. You include copyrighted text, graphics, video You include copyrighted text, graphics, video clips, paintings, photographs and computer clips, paintings, photographs and computer screen shots that you have not requested screen shots that you have not requested permission to use. You then digitally copy it permission to use. You then digitally copy it onto a DVD for presentation in the classroom.onto a DVD for presentation in the classroom.

Can you do this legally?Can you do this legally?

a. Sure. a. Sure. b. Surely you jest.b. Surely you jest.

Pop quiz!Pop quiz!

Now, suppose your team’s Now, suppose your team’s presentation was voted best overall, presentation was voted best overall, and you’re invited to submit it to a and you’re invited to submit it to a national symposium, such as a high national symposium, such as a high school film festival.school film festival.

• Can you legally submit a single copy of Can you legally submit a single copy of the same DVD?the same DVD?

• a. Sure.a. Sure.• b. Surely you jest.b. Surely you jest.

Pop quiz!Pop quiz!

Now, suppose your team’s Now, suppose your team’s presentation was voted best overall, presentation was voted best overall, and you’re invited to submit it to a and you’re invited to submit it to a national symposium, such as a high national symposium, such as a high school film festival.school film festival.

• Can you legally submit a single copy of Can you legally submit a single copy of the same DVD?the same DVD?

• a. Sure.a. Sure.• b. Surely you jest.b. Surely you jest.

Copyright Copyright defineddefined The legal right of creative artists The legal right of creative artists

or publishers to control the use or publishers to control the use and reproduction of their own and reproduction of their own original works.original works.

What kinds of works What kinds of works does copyright apply does copyright apply to?to? PlaysPlays MoviesMovies MusicMusic MimeMime BooksBooks PoetryPoetry Etc.Etc.

Can you use copyrighted Can you use copyrighted materials?materials?

Answer: Answer: It depends.It depends.

How much can you use? How much can you use?

Answer: Answer: It depends.It depends.

A general rule of thumb is that A general rule of thumb is that there is no rule of thumb!there is no rule of thumb!

Fair useFair use

The Fair Use Checklist and the Fair The Fair Use Checklist and the Fair Use Pyramid.Use Pyramid.

The four factors:The four factors:– How much How much is used?is used?– What kind of work What kind of work (factual vs. creative)?(factual vs. creative)?– PurposePurpose of use? of use?– Potential harm Potential harm to market value?to market value?

Know the guidelines…Know the guidelines…

……But consult an expert. Possible But consult an expert. Possible resources:resources:

Attorneys.Attorneys. Media law professors.Media law professors. Librarians.Librarians.

Pop quiz!Pop quiz!

You recently purchased a DVD. You want to You recently purchased a DVD. You want to make a copy to view on your personal VCR, make a copy to view on your personal VCR, which is in the family room.which is in the family room.

Is this OK to do?Is this OK to do?

a.a.Of course. Of course.

b.b.You’ve got be kidding. You’ve got be kidding.

Pop quiz!Pop quiz!

You recently purchased a DVD. You want to You recently purchased a DVD. You want to make a copy of it watch on your VCR, which is make a copy of it watch on your VCR, which is in the family room.in the family room.


a.a.Of course. Of course. b.b.You’ve got be kidding. You’ve got be kidding.

Pop quiz!Pop quiz!

Now, suppose you’re child is moving into their Now, suppose you’re child is moving into their own place, and they want to make copies of own place, and they want to make copies of your DVDs for his or her personal video library.your DVDs for his or her personal video library.


a.a.Absolutely, since they are a family member Absolutely, since they are a family member (blood is thicker than copyright).(blood is thicker than copyright).

b.b.Nope…they’re on their own now. No laundry Nope…they’re on their own now. No laundry service, no DVD copying.service, no DVD copying.

Pop quiz!Pop quiz!

Now, suppose you’re child is moving into their Now, suppose you’re child is moving into their own place, and they want to make copies of own place, and they want to make copies of your DVDs for his or her personal video library.your DVDs for his or her personal video library.


a.a.Absolutely, since they are a family member Absolutely, since they are a family member (blood is thicker than copyright).(blood is thicker than copyright).

b.b.Nope…they’re on their own now. No laundry Nope…they’re on their own now. No laundry service, no DVD copying.service, no DVD copying.

Caution! When you move from the Caution! When you move from the classroom to the professional classroom to the professional world, Fair Use may no longer world, Fair Use may no longer applyapply

In promotional materials, you should In promotional materials, you should have permission/license to… have permission/license to…

Use photos, videos, etc., that clearly identify people.Use photos, videos, etc., that clearly identify people. Use quotes, testimonials, third-party statements Use quotes, testimonials, third-party statements

(implied endorsement).(implied endorsement). Use music.Use music. Link to sites (not a legal requirement, but an ethical Link to sites (not a legal requirement, but an ethical

protocol).protocol). Feature other identified brands and trademarks.Feature other identified brands and trademarks.

Pop quizPop quiz

You want some pictures for a brochure You want some pictures for a brochure you’re creating for the school district. You you’re creating for the school district. You find some great ones on the Internet that find some great ones on the Internet that aren’t marked with a copyright. Can you go aren’t marked with a copyright. Can you go ahead and use them?ahead and use them?

a.a.Of course. If someone holds a copyright, Of course. If someone holds a copyright, it’s their responsibility to clearly mark their it’s their responsibility to clearly mark their creative works.creative works.

b.b.No way. It’s your responsibility to find out No way. It’s your responsibility to find out if the work is copyrighted.if the work is copyrighted.

Pop quizPop quiz

You want some pictures for a brochure You want some pictures for a brochure you’re creating for the district. You find you’re creating for the district. You find some great ones on the Internet that aren’t some great ones on the Internet that aren’t marked with a copyright. Can you go ahead marked with a copyright. Can you go ahead and use them?and use them?

a.a.Of course. If someone holds a copyright, Of course. If someone holds a copyright, it’s their responsibility to clearly mark their it’s their responsibility to clearly mark their creative works.creative works.

b.b.No way. It’s your responsibility to find out No way. It’s your responsibility to find out if the work is copyright protected.if the work is copyright protected.

When it comes to photos, When it comes to photos, also remember…also remember…

Privacy issues.Privacy issues.

Photo manipulation ethics:Photo manipulation ethics:– Misrepresentation, Misrepresentation, – Fraud, Fraud, – False advertising, False advertising, – Defamation andDefamation and– (Celebrities) appropriation of likeness.(Celebrities) appropriation of likeness.

Pop quiz!Pop quiz!

You ran a photo of a local child in a promotional You ran a photo of a local child in a promotional brochure for the school foundation (a non-profit brochure for the school foundation (a non-profit group). You plan to run the same photo in a group). You plan to run the same photo in a Christmas calendar you’re creating six months Christmas calendar you’re creating six months later. later.

Is that OK?Is that OK?

a.a. No, under any circumstances.No, under any circumstances.b.b. Yes., under any circumstances.Yes., under any circumstances.c.c. Yes, so long as permission for future or repeated Yes, so long as permission for future or repeated

use was included in the consent form.use was included in the consent form.d.d. Yes, if the picture is only being re-used by the Yes, if the picture is only being re-used by the

same organization.same organization.

Pop quiz!Pop quiz!

You ran a photo of a local child in a promotional You ran a photo of a local child in a promotional brochure for the school foundation (a non-profit brochure for the school foundation (a non-profit group). You plan to run the same photo in a group). You plan to run the same photo in a Christmas calendar you’re creating six months Christmas calendar you’re creating six months later. later.

Is that OK?Is that OK?

a.a. No, under any circumstances.No, under any circumstances.b.b. Yes, under any circumstances.Yes, under any circumstances.c.c. Yes, so long as permission for future or Yes, so long as permission for future or

repeated use was included in the consent form.repeated use was included in the consent form.d.d. Yes, if the picture is only being re-used by the Yes, if the picture is only being re-used by the

same organization.same organization.

III. The ghost of III. The ghost of social social networks past networks past

Watch conversations held in online Watch conversations held in online spaces—even “private” ones. They spaces—even “private” ones. They could come back to haunt you! could come back to haunt you!

Losing your job on Losing your job on TwitterTwitter An errant Twitter message about “Mormons and An errant Twitter message about “Mormons and

repressed sexual tension” posted on Salt Lake City TV repressed sexual tension” posted on Salt Lake City TV station KTVX’s feed Friday offended some people, station KTVX’s feed Friday offended some people, amused others and caused the unnamed sender to amused others and caused the unnamed sender to become unemployed.become unemployed.

This message went out on KTVX’s Twitter feed around This message went out on KTVX’s Twitter feed around 10 a.m Friday: “I’m downtown eating. Surrounded by 10 a.m Friday: “I’m downtown eating. Surrounded by Mormons and repressed sexual energy.”Mormons and repressed sexual energy.”

It was quickly deleted, but not before it was It was quickly deleted, but not before it was “retweeted” and commented upon by dozens of “retweeted” and commented upon by dozens of Twitter users. A few called it “funny,” while others Twitter users. A few called it “funny,” while others were offended by the insult to members of The Church were offended by the insult to members of The Church of Jesus Christ of Latter-day Saints.of Jesus Christ of Latter-day Saints.

The ghost of social The ghost of social

networks past networks past A CareerBuilder.com survey (A CareerBuilder.com survey (as reported in a as reported in a

September 12, 2008 online article in September 12, 2008 online article in ComputerworldComputerworld) found:) found:

– More than More than one in five employers one in five employers now use now use social social networking sites to help screen job networking sites to help screen job applicants!applicants!

– Of those employers, Of those employers, one-third said they have one-third said they have found information on such sites found information on such sites that has resulted that has resulted in candidates being removed from consideration in candidates being removed from consideration for a job.for a job.

There is currently a debate There is currently a debate about whether employers should about whether employers should look at social networking sites look at social networking sites and how they should factor them and how they should factor them in — but the fact is, many do.in — but the fact is, many do.

Pop quiz!Pop quiz!

The CareerBuilder.com survey listed several areas that concerned The CareerBuilder.com survey listed several areas that concerned potential employers, such as posting inappropriate photographs.potential employers, such as posting inappropriate photographs.

Of the following three areas of concern also mentioned, which Of the following three areas of concern also mentioned, which ranked HIGHEST:ranked HIGHEST:

a.a. Candidate’s screen name was unprofessional.Candidate’s screen name was unprofessional.

b.b. Candidate was linked to criminal behavior.Candidate was linked to criminal behavior.

c.c. Candidate shared confidential information from previous Candidate shared confidential information from previous employers.employers.

Pop quiz!Pop quiz!

The CareerBuilder.com survey listed several areas that concerned The CareerBuilder.com survey listed several areas that concerned potential employers, such as posting inappropriate photographs.potential employers, such as posting inappropriate photographs.

Of the following three areas of concern also mentioned, which Of the following three areas of concern also mentioned, which ranked HIGHEST:ranked HIGHEST:

a.a. Candidate’s screen name was unprofessional.Candidate’s screen name was unprofessional.

b.b. Candidate was linked to criminal behavior.Candidate was linked to criminal behavior.

c.c. Candidate shared confidential information from previous Candidate shared confidential information from previous employers.employers.

Use your social Use your social network network site to your site to your advantage!advantage! List your List your PR/career objectives and goals.PR/career objectives and goals.

Describe previous campaigns and projects Describe previous campaigns and projects (if (if client or employer has said they can be client or employer has said they can be shared).shared).

DiscussDiscuss professional articles, presentations, professional articles, presentations, etc.etc.

Blog and comment Blog and comment (appropriately). It’s a (appropriately). It’s a great way to get your name out there.great way to get your name out there.

And now, before wrapping And now, before wrapping up…up…

Q & A??Q & A??

The top “hot water” The top “hot water” tips…tips…

Remember the Remember the “in print or in court” “in print or in court” principle.principle.

Blogs, Tweets and Facebook Blogs, Tweets and Facebook entries entries are considered published material.are considered published material.

The The 24-hour24-hour rule. rule.

Just because Just because it’s on the Internet it’s on the Internet doesn’t mean you can use it.doesn’t mean you can use it.

You’re on your way!You’re on your way!

Good luck and “think compliant”!Good luck and “think compliant”!

Technology

School p rpresent