We’ve all seen a YouTube video or a Facebook page (or a dozen) in which an employee or a company did something ill-considered (or just plain dumb) that carried disastrous ramifications for a brand once the video went viral. For instance, who can forget the groundswell over Gap, Inc.’s logo redesign? Or the rise of the mischievous musician scorned by United Airlines? Or, worse, the infamous incident of the Domino’s workers gone wild? What if some unforeseen element of your meeting or event were to spawn similar malcontent among your attendees?

On top of such dismally mortifying PR implications, social media can also invite and incite a number of serious legal issues at both the participant level and the organizational level. In an instantaneous online world, the ramifications of users’ actions can spread like wildfire before users even think twice about clicking “submit,” sometimes bringing ruin and nightmare litigation to even a well-meaning individual or organization in a matter of hours. So what can you, as a meeting or event planner, do about any of it?
Alexander Brown is a partner in the Bricker & Eckler Business Law group in Columbus, OH.

He is the chair of the Technology and Intellectual Property groups. He practices business transactional law, with an emphasis on transactions involving technology, software, electronic commerce, and intellectual property. Among other areas, he counsels clients in conducting business online and complying with privacy and data transfer laws.

Here, Brown discusses the legal risks and strategies of social media usage in relation to meetings and events.

Midwest Meetings: What are a few of the laws that relate to social media usage in general?

Alexander Brown: Many laws may be triggered by social media usage, and it all depends on what is said. For example, if someone posts a picture or an article, there are copyright laws implicated. If someone badmouths another person, that may be libel. If an employee reveals a company secret, state trade secret laws apply. State and federal employment laws regulate how companies can discipline their employees for social media use. More recently, the Federal Trade Commission has entered the regulatory arena by requiring that employees or paid social media users must disclose affiliations with the companies and products they are talking about on social media.

In other words, the FTC doesn’t want a fake grassroots campaign (or “Astroturfing”) put on by people who are employees or who are receiving free products from the company they’re blogging about. If an employee of an event marketing firm blogs, “This is a great event; I loved it!” and doesn’t disclose he or she’s an employee, the marketing firm may be liable. The employer must train and regulate their employees in this area. This is one of the difficult issues of social media law: there are so many laws and regulations that apply.

MM: When it comes to event marketing and audience engagement, what legal factors should conference planners remain aware of?

AB: Conference planners need to be aware that their usage of social media is regulated in the same way as more static advertisements. If you say something in social media, it needs to be as accurate as if you put up a billboard or placed a TV ad. There is no “get out of jail free” card if the social media advertisement is misleading or inaccurate. And given how easy it is to tweet something (“Come to this event, it will make you rich!”), it is now very easy to get into trouble.

When it comes to allowing participants to use social media at a conference, be aware that you no longer control the message. You’ve now opened up a public forum where people can post things that may not be helpful, and can actually be quite harmful. If an audience member during a presentation tweets, “This person is an idiot” or “This presenter is hot,” the event staff will certainly be embarrassed and may also have just exposed themselves to liability (e.g., defamation or harassment claims).

MM: What are some of the particular legal risks at the conference organization level?

AB: Saying something foolish or injurious is a risk. Allowing others to say such things is also a risk. There’s more liability associated with saying something yourself, but there’s much less control over what others say, so the risks seem to be pretty even. Social media also lends itself to unknown risks and unintended consequences. For example, say a conference suggests a social meeting or tweetup for participants, and things at the meeting get out of hand, or someone is assaulted afterward. Might an injured person claim that the injury never would have occurred but for the suggesting of the meeting? While it may be hard for the injured party to win that case, it will certainly be expensive and annoying to defend against it.

MM: What are some of the risks at the event participant level?
AB: Event participants can easily be sucked into a public dispute or flame war when people start disagreeing on social media. And when a participant gets sucked in, they may look to the conference organizers in a “How did you let this happen?” manner. In other words, unhappy people often look to others for blame. So even though the legal liability may be limited, the PR or branding hit can be severe.

There are lots of cases where social media usage caused an injury and liability followed. This is a “bleeding edge” area of the law. Cases and laws are coming out every day that change the liabilities associated with social media.

MM: In terms of strategy and compliance, in what ways can event planners protect their organizations and their participants from liability related to the use of social media?

AB: Several things can be done to try to protect oneself when using or permitting social media.

• See if there is insurance that can cover the conduct. Perhaps a “cyber liability” or social media rider must be purchased to a general commercial liability policy.
  
• Require that participants abide by rules, and that the rules are communicated effectively to all participants. For example: “You may not harass anyone or use foul language in any tweet about this event.”
  
• Consider having a time delay or only permitting “approved” comments to be posted for all to see. If you do so, however, make sure this policy is disclosed, so the audience knows you’re exerting some control over the message.
  
• Train employees and agents in the proper use of social media, including the disclosure of any relationships. Even a free sample, such as a free phone to be used and critiqued, must be disclosed by a social media user.
  

MM: What other advice can you share for meeting and event planners who wish to use online networking tools for participant or organizational purposes?
AB: Be prepared to lose control of the message, and have a disaster recovery plan that includes how to regain control - and limit the damage - of social media gone awry. Post terms and conditions of use, and enforce them. Make sure your privacy policy allows you to reuse personal information in the manner you want or need.

Serenity J. Banks is the editor of Midwest Meetings magazine. Want to get in touch? Email Serenity!