A few years ago, the social media policy was viewed as a communication document that could be written by a PR professional or general in-house attorney, not anymore.
Courts now classify
social media policies as high liability legal instruments that can greatly impact the constitutional rights of others.
Therefore, courts consider it
"deliberate indifference"
when you knew or should have known that your in-house attorney doesn't specialize in social media
and you still refused to hire an outside social media attorney to update your policy.
Being an attorney doesn't qualify you to write a social media policy.
That is why most in-house attorneys are now seeking media law attorneys who specialize in social media and digital media law.
Here's a simple analogy, when you have a heart problem, you seek help from an experienced cardiologist, not a podiatrist.
Today's lawyers are specialists.
Since social media policies and employee training require
specialized legal skills and knowledge,
you must prove in court that your policy drafter was an experienced media law attorney that possessed specialized skills to draft social media and digital media law.
Courts won't accept any excuses.
Courts frown on general attorneys or non-lawyers drafting policies and training employees
in high liability areas where a person's constitutional rights could be violated.
Don't place non-lawyers (i.e. PR, HR) in legal jeopardy by asking them to write a social media policy or teach social media law.
They face too much exposure of being accused of engaging in the
unlicensed practice of law which is a felony in most states.