Social Networking for Business

Internet Content Provider Issues with Social Media Networking

- Distinguish between Internet Service Provider (ISP) and Content Provider (ICP) (Title V of Telecommunications Act of 1996

- Everything posted online on your website is your content (You are an ICP)

- Opinions may be expressed vs defamation or nonfactual - malicious intent (knowingly false or reckless disregard) may have libel claims

- Everything posted or created using company technology resources is fair game for the Freedom of Information Act.

- Terms of Service Agreements must be followed by both provider and user.

- Disclaimers do not absolve responsibility

- Point of awareness is the point at which you become liable for an issue

The critical piece is to realize that people (whether the company allows internal use of social networks) still have these issues when your organizations employees go online and discuss their various issues during off hours.

Libel concerns happen as a result of someone understanding something written to be injurious or becoming aware of posted material. Anything posted on the organization’s website is the content of the organization regardless of disclaimers or TOS subjected to the users/posters of material. If something is posted and is removed, there is still a point at which someone could have seen the material. If something is posted and removed, there may be PR issues as well.

What are the employees obligations for seeing questionable material?
What are the employees expectations for online conduct? During and after hours?

Private conversations should be conducted outside of technology owned by the organization since Freedom of Information Act can be invoked on all of those discussions if they occur using company networks or computers.

With respect to this, an organization will want to decide what types of social media to use and if any should be included on its own websites (Blogs, commentary, or news feeds).

For more information, contact Davis Brown law Firm about legal questions regarding online discussions.