7 Social Media Policy and Training Myths
Myth: Our in-house attorney attends social media law seminars and can keep our employees updated. We don't need an outside social media law expert.

Reality: In-house attorneys use my specialized liability programs, because they aren't social media law experts or professional trainers. Attending a few seminars doesn't qualify your attorney as a social media law expert. Courts find it negligent to think your attorney has the same depth of knowledge as a 30 year digital media attorney, who spends 200 hours a month training and researching social media law.
Myth: Our social media policy comes from a respected policy service or accrediting association. We don't need an outside expert.

Reality: The federal courts consistently reject model policies from respected national organizations as too vague. Often, the policies are drafted by general attorneys, not attorneys who specializes in social media law.
Myth: Our in-house attorney can handle any employee mistakes.

Reality: Once a post or tweet is sent to a larger audience (goes viral), there is little an attorney can do to mitigate the harm.
Myth: We are small and only a few people control our social media.

Reality: First, there are no more small organizations. A person from a small organization has the same power as an employee from a large organization to reach millions on social media. Second, employees do work on their personal devices. An attorney can't monitor every "real time" post or tweet.
Myth: We don't need to train employees because our insurance will cover us.

Reality: In a lawsuit, most social media mistakes are being classified as intentional conduct,not accidental. Since insurance companies exclude intentional conduct, they can deny your claim. Even if they do cover the claim, your premiums will skyrocket.
Myth: We gave out verbal warnings and handed out a policy, that's enough to protect us.

Reality: The U.S. Supreme Court classifies social media as a "high liability" medium where every person has the viral capability to destroy a person's reputation worldwide. Therefore, giving out verbal warnings and handing out boilerplate policies isn't adequate training. You must show documented proof all employees received outside expert social media liability training.
Myth : We have qualified immunity.

Reality: Most harmful posts or tweets involve attacks targeted against groups that are federally protected classes (i.e. minorities) by clearly established federal or constitutional law. Therefore, you won't receive qualifies immunity and are open to personal liability and paying legal damages out of pocket.