law, less ordinary - legal opinions from Browne Jacobson » Social Media

Teachers, social media and lack of government guidance

gemmai — Tue, 24 Jan 2012 14:06:05 +0000

Teachers, pupils and social media - it was only a matter of time before this became a serious issue. 43 cases before the GTCE last year may not sound high, but how many more inappropriate relationships are being formed across schools, academies and the FE sector? Which begs the questions, why have we not seen Department for Education guidance specifically aimed at helping manage staff expectations and promote a consistent, measured approach nationally?

There is evidence of big differences in approach to the use of social media amongst schools- some ban teachers using the sites altogether, some allow restricted usage and others have barely considered the issue. And it needs to be looked at not only from a ‘friending’ point of view, but also to consider issues like appropriate privacy settings and profile pictures which, regardless of friending, can be accessed by pupils, parents and colleagues alike.

I hate to press for even more guidance in our sector, but this is an area where it seems schools need help.

Posted by Dai Durbridge, who specialises in safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

And the award for most innovative use of social media goes to….

Hannah — Tue, 17 Jan 2012 16:13:02 +0000

2012 is set to be the year in which the lines between old and new media are blurred forever. The traditional media powerhouses are beginning to make headway integrating social media with conventional programming.

Consumers today use their television simultaneously with their tablet or smart phone – “second screen viewing”. Alive to the opportunity to involve their viewers, networks are promoting ways of making television a two-way flow of information, whereby the viewer can communicate via social media to both their friends and the network itself. Where viewers go, advertisers will follow.

Joint programming ventures between old and new media will present unique legal challenges for the advertising and marketing sector. They may want to utilise consumers’ live feeds and personal data, on separately owned distinct mediums, accessible in multiple jurisdictions. The technology, the networks, and the advertisers might be ready for globalised multi-medium programming, but have all the risks of complaints been considered?

Posted by Oliver Sweeney, who specialises in regulatory matters; including compliance, representation e.g. company prosecutions and public inquiries; transport issues; commercial litigation, including reputation management, contractual litigation and injunctions.

Oliver Sweeney
0115 976 6247
osweeney@brownejacobson.com

Government finally takes action against Littlegossip

Hannah — Fri, 23 Dec 2011 11:21:16 +0000

This time last year schools and other children’s organisations were up in arms over Littlegossip website – a site that lets users anonymously post gossip about educational institutions. It has been reported that comments posted on the site included threats, racial slurs, sexual abuse and other forms of abuse.

The effect of the uproar in 2010? The site closed for 24 hours only to reopen with a tick-box for users to confirm they were over 18. This was meant to appease critics. Fast-forward one year and whilst the DfE has promised it is taking steps to have the site shut down, schools cannot sit back and rest easy.

Cyber-bullying is a deepening issue. Schools need to take reasonable steps to protect staff and pupils from cyber-bullying. As a minimum, schools should have a clear e-safety policy, regular dialogue with parents and pupils on the risks of social-media sites and signed acceptable-use-policies. The DfE are stepping in, but schools need to keep up their good work too.

Posted by Hayley Roberts, who specialises in education law advice to schools and academies, including advice on teaching schools, collaboration models and partnership structures, school companies, and a wide range of pastoral issues.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Facebook F8: Media sites to tie-up with social networking

Hannah — Tue, 27 Sep 2011 08:46:40 +0000

Understandably, the annual Facebook F8 developer conference is about the best place to go to find out about the key trends in online social networking. Last week, Mark Zuckerberg announced a new Facebook media sharing application which allows users to share music, TV and film from media sites such as Spotify.

Facebook has clearly recognised that the way technologically literate consumers access media content has changed forever. Illegal file-sharing has increased exponentially since the days of Napster and is now a global phenomenon which is virtually impossible to police. Facebook’s collaboration with innovative media streaming sites will surely be a huge step in the right direction for the online entertainment industry.

The rapid decline in sale of CDs has left the music producers with a profound problem. How do they protect the copyright of their creative endeavours and make a profit? Spotify seems to think the answer is to align their service with the habits of consumers and with more than 750 million active users, there is no online habit more engrained than Facebook.

Dave Drew
0115 976 6226
ddrew@brownejacobson.com

Social media – its role in the riots

Hannah — Thu, 11 Aug 2011 08:59:42 +0000

Its apparent that social media has been used extensively by those involved in the riots to organise and incite unrest. BlackBerry Messenger (BBM) has been the most popular method of communication with messages then being posted on social network sites like Twitter and Facebook to increase circulation.

Research in Motion, the maker of BlackBerry and a global leader in wireless technology, has committed to assist the authorities ‘in any way it can’ and the police have said they will track down and arrest those who have posted ‘really inflammatory’ messages on BBM and social network sites.

However, its going to be a difficult task due to the number of messages involved, potential resistance from media companies to handover user details and, because BBM messages are usually encrypted when they leave the sender’s phone making tracing calls difficult.
The police will have to adapt their own policing methods to tackle this use of technology as a means of organising unlawful activities.

Posted by Sara McNeill, who specialises in non-contentious intellectual property matters, including licensing, franchise, collaboration and development arrangements and IP audits and strategy; experienced in drafting and advising on commercial agreements.

Sara McNeill
0121 237 3930
smcneill@brownejacobson.com

The worst did happen – Dr Pepper #fail

Hannah — Thu, 22 Jul 2010 10:15:06 +0000

In a novel promotion, Dr Pepper recently launched a Facebook app which gave consumers the chance to win £1,000 – if they allowed Dr Pepper to “hi-jack” their status updates. Dr Pepper, in line with their “what’s the worst that could happen” strapline, would use the app to post amusing embarrassing statements, which would appear as if they had been made by the entrants.

However the promotion went wrong when a 14-year-old girl’s status was updated with a reference to a hardcore pornography film, causing an outrage. Now Coca-Cola are reportedly considering moving their account from the advertising agency responsible for the promotion.

This shows the importance, when dealing with a novel promotion mechanic, of ensuring the promotion is carefully reviewed before it is run – not just for legal compliance, but also to establish what’s the worst that could happen?

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com