Slide 1

Emergency Services and Social Media VGSO client presentation Emergency Services Practice Group 19 November 2010 Slide 2 Speakers Georgette Apostolopoulos Solicitor, Victorian Government Solicitors Office Sandeep Varma Manager Communities and Media Relations, Office of the Emergency Services Commissioner Isabel Parsons Special Counsel, Victorian Government Solicitors Office Darren Whitelaw Acting Director, Strategic Communications Branch, Department of Justice Carolyn Doyle Managing Principal Solicitor, Victorian Government Solicitors Office Slide 3 Government 2.0 Use of existing social media sites Facebook/Twitter/YouTube VPS Innovation Action Plan and Government 2.0 Action Plan Slide 4 Social media in emergencies VGSO Seminar 19 November 2010 Sandeep Varma Twitter: @dizzydeep Slide 5 Social media scenario: Theres an emergency. Questions What do people expect? What happens in social media? What is going to happen in the future? Slide 6 Giuliani model for emergency communications What we know What we dont know What were doing What we want you to do Slide 7 But social media is two-way Slide 8 Social media version of the Giuliani model Heres what we know AND how to share it with people you know Heres what we dont know. Tell us what you know and help us fill in gaps. Heres what were doing (verified) AND what youre doing (unverified) Heres what we want you to do AND how to do it (ex. a map for evacuation) Slide 9 What do people expect? Australian stats Red Cross research Slide 10 Australians are the most prolific users of social media in the world. Slide 11 Neilsen 2010 Social Media Report for Australia 9 million Australians now interact via social networks Content sharing is the most popular activity 4 in 5 Australian Internet users have shared a photo Twitter usage grew by 400% in 2009 Nearly 3/4 of Australians read a wiki 2 in 5 Australians interact with orgs via social networks Slide 12 People expect us to be in social media. Slide 13 Red Cross Report (USA) Survey research into social media in disasters One in six (16%) have used social media to get information about an emergency Slide 14 During an emergency, 50%+ would likely use social media to let people know they were safe Slide 15 Red Cross Report (USA) Three out of four would expect a response within an hour Slide 16 More than two-thirds agree that response agencies should regularly monitor and respond to postings on their websites Slide 17 What are people doing? Summary The community is using social media Whether we are in social media or not, during an emergency the community will be If we dont provide interactive, real-time information they will find it elsewhere and then wonder loudly, Why didnt government provide this information! Slide 18 What happens in social media? Recent examples Victoria: VicFloods Melbourne: Building fire Slide 19 VicFloods September 2010 Source: Herald Sun Slide 20 VicFloods 500+ tweets recorded Potential reach: 100,000+ Government presence minimal Regional media outlets in focus Key outlets: ABC/774/3AW + regional papers Slide 21 VicFloods Twitter examples 1.RT @VictoriaPolice: This weekend we will be using the #vicrains hashtag, and #vicfloods if necessary.VictoriaPolice#vicrains #vicfloods 2.@BruceEsplinBruceEsplin RT @3AW693: Wangaratta and Bairnsdale having 'flood peaks' today @BruceEsplin tells @3AWNeilMitchell http://bit.ly/9jFYuD #vicfloods3AW693BruceEsplin3AWNeilMitchellhttp://bit.ly/9jFYuD#vicfloods 3. RT @BruceEsplinBruceEsplin In Charleton, water levels dropping, great community spirit- but so much clean up ahead for the community #vicfloods#vicfloods 4. @VicGovtNews Advice for renters and landlords affected by #vicfloods from Minister for Consumer Affairs: http://bit.ly/cMUi4g#vicfloodshttp://bit.ly/cMUi4g 5. @774melbourne774melbourne RT @VictoriaPolice: RT @TaturaSES: We're rescuing a lot of people stranded in their cars. NEVER drive through flood waters #vicfloodsVictoriaPoliceTaturaSES#vicfloods 6. @AusDefenceForce Find out how @AusDefenceForce is assisting with Victorian flood relief - http://bit.ly/9pXf2R #vicfloodsAusDefenceForce http://bit.ly/9pXf2R#vicfloods Slide 22 Melbourne CBD Building Fire Flames and smoke are nearly all gone - @774melbourne: RT @ChristophHewett: Collins Place is on fire. http://yfrog.com/05n4uyj774melbourneChristophHewetthttp://yfrog.com/05n4uyj @abcnews RT @774melbourne: MFB say the fire at Collins Place has been controlled, the building has been evacuated. 2:25 PM Oct 21st via TweetDeckabcnews774melbourne2:25 PM Oct 21stTweetDeck Slide 23 Slide 24 Slide 25 How do we tap into community? Research shows people will offer to help and will engage online Research shows people will use multiple sources to verify information We need to give people an outlet, in preparedness, response and recovery We need to partner with the technology community We need to find the best way to tap into and use community information Slide 26 Slide 27 US Geo Survey Twitter posts can now be geo- tagged placed on a map. This is a map of Tweets from 30 minutes after an earthquake in California. Slide 28 Slide 29 5 hours after earthquake Slide 30 1 day after earthquake Slide 31 Slide 32 Verification the big challenge Community information verification: how do we tell its real? Triple Zero: recent report says 50% of calls are crank calls Social media? No Australian research or international best practice verification model yet but info is much more easily traced on social media, especially with GPS mobile phones Slide 33 Slide 34 The Future National Broadband Network VicGovt 2.0 Action Plan One laptop per child in VIC schools More and more smartphones & devices Growing government engagement online Research, strategy development & risk management Slide 35 Isabel Parsons Special Counsel Victorian Government Solicitors Office Phone: 9947 1405 Email: isabel.parsons@vgso.vic.gov.auisabel.parsons@vgso.vic.gov.au Slide 36 Legal aspects of using social media Liability, risk management and compliance Slide 37 What are some legal issues Information quality and timelines Infringement of third party rights copyright and defamation Cyber squatting and unauthorised content Slide 38 Legal framework for social media Terms between service provider and the State Terms of access by user Slide 39 Information quality and timelines Liability for negligent misstatement Duty to warn Duty to act Correction of inaccurate data Slide 40 Disclaimers Scope of disclaimer Drawn to attention of user Accepted by user? Slide 41 Disclaimer can be placed in multiple locations within generic layout of Facebook Adding a disclaimer on Facebook Source: Adapted from http://www.records.ncdcr.gov/socialmedia/socialmediatutorial13.htmlhttp://www.records.ncdcr.gov/socialmedia/socialmediatutorial13.html Slide 42 Example: Better Health Channel Disclaimers can be added in the body of the Info tab A Disclaimer tab can be added with the use of Facebook Apps Slide 43 Add a disclaimer in the One Line Bio section Limit 160 characters OR: Regularly post the disclaimer Adding a disclaimer on Twitter Source: Adapted from http://www.records.ncdcr.gov/socialmedia/socialmediatutorial16.htmlhttp://www.records.ncdcr.gov/socialmedia/socialmediatutorial16.html Slide 44 Example: Commonwealth Ombudsman Slide 45 Infringement of third party rights - defamation Online content is published where downloaded (Dow Jones v Gutnick 2002)Dow Jones v Gutnick 2002 Range of claims being brought against individuals for online defamation State may be able to rely on s 32 of Defamation Act 2005 (innocent dissemination)s 32 of Defamation Act 2005 Slide 46 Infringement of third party rights - copyright Online use is copyright use reproduction/publication/communication Does the statutory licence apply? Permission/licence of owner of UGC Infringement knowledge relevant to damages s 115(3) or other remedies s 116(2)s 115(3) s 116(2) Slide 47 Authorisation and infringement of copyright Authorisation of infringement ss 36(1A) and 101(1A)36(1A)101(1A) Practical steps Exemption for online infringement service providers (ss 39B and 112E - Safe harbour)39B112E Slide 48 Terms of contract with social media service provider Terms are fixed for existing social media sites Key government requirements and policies Government or supplier terms? US General Service Administration amendment to terms of service amendment to terms of service Slide 49 Major issues for contracts with all service providers Scope and duration of content licence Liability of service provider Indemnities by the State Continuity and integrity of service No endorsement Slide 50 Member terms and conditions To cover participation of third parties (creation and licensing of UGC) Must be drawn to attention of users Acceptable use/code of conduct and rules for modification/take down Slide 51 Moderation and remediation Depends upon nature of online engagement/controversy Minimum requirements for automated moderation? Risk management approach warnings, communication including complaints and reporting Legal pitfalls - defamation Slide 52 Resources AGIMO Web Publishing Guide Project 8 Online Engagement Guideline Government 2.0Project 8 Online Engagement Guideline Government 2.0 Government 2.0 risk register and management planGovernment 2.0 risk register and management plan Slide 53 Cyber squatting and unauthorised consent Addressing cyber squatting Removal of unauthorised or unlawful content Slide 54 Record Keeping Government 2.0 Taskforce records to be kept and guidance developed Should all records be retained? Victoria Electronic Records Strategy (VERS) and PROV Advice or guidelines relating records of outsourced activity Slide 55 Carolyn Doyle Managing Principal Solicitor Victorian Government Solicitors Office Phone: 9947 1406 Email: carolyn.doyle@vgso.vic.gov.aucarolyn.doyle@vgso.vic.gov.au Slide 56 The challenge Web 2.0 provides public servants with unprecedented opportunities to open up government decision making and implementation to contributions from the community. In a respectful and professional manner, APS employees should engage in robust policy conversations. Equally, as citizens, APS employees should also embrace the opportunity to add to the mix of opinions contributing to sound, sustainable polices and service delivery approaches. - APS Values and Code of Conduct in practice: A guide for APS employees and Agency HeadsAPS Values and Code of Conduct in practice: A guide for APS employees and Agency Heads Photograph by Limbic. Licensed under Creative Commons Slide 57 Spectrum of on line activities for public servants Slide 58 The generation gap Slide 59 Private? Public? negotiating the boundaries The tribulations of the Sawers Slide 60 Slide 61 Hair(y) FWA Case Fitzgerald v Smith T/A Escape Hair Design [2010] FWA 7358Fitzgerald v Smith T/A Escape Hair Design Slide 62 Slide 63 Slide 64 Current framework for Vic public sector Constitution Act s 95s 95 Public Sector Code of Conduct 3.4, 3.5 and 3.9Public Sector Code of Conduct PSSC Guidance for use of social media in the VPSPSSC Guidance for use of social media in the VPS Departmental (or agency policies): internet use, email use Slide 65 Constitution Act s 95(1)(a) - a person employed in any capacity in the service of the State of Victoria shall not . publicly comment upon the administration of any department of the State of Victorias 95(1)(a) s 95(2) any person who contravenes s 95 shall on proof thereof to the satisfaction of body or person to which or whom he is subject in matters of discipline (as the case requires) be liable to a fine not exceeding $100 and in addition to such fine may be reduced in class subdivision grade status or salary or dismissed or have his services dispensed with.s 95(2) Slide 66 Public Sector Code of Conduct 3.4 Code of Conduct. Public sector employees only disclose official information or documents acquired in the course of their public employment when required to do so by law, in the legitimate course of duty, when called to give evidence in court, or when proper authority has been given. In such cases comments are confined to factual information only. Slide 67 Public Sector Code of Conduct 3.5 Code of Conduct Public sector employees only make public comment when specifically authorised to do so in relation to their duties, a public sector body, or government policies and programs. Such comment is restricted to factual information and avoids expression of personal opinion. Public comment includes providing information or comment to any media (electronic or print), the internet and speaking engagements. When making a comment in a private capacity, public sector employees ensure their comments are not related to any government activity that they are involved in or connected with as a public sector employee and make it clear they are expressing their own view. They ensure that personal comments are not seen or perceived to be an official comment. Slide 68 Public Sector Code of Conduct 3.9 Code of Conduct Public sector employees avoid conduct in their private life that may adversely affect their standing as a public official or which may bring their public sector employer into disrepute. Slide 69 PSSC Guidance High level Use of social media is subject to the Code of Conduct needs to be supported by departmental policy; contains examples in the context of public and private use. Slide 70 Victoria Police policies Police Regulation Act 1958 Victoria Police Manual Policy Rules Procedures and guidelines Slide 71 Commonwealth APS Values and Code of Conduct Ch 3 and 15 APS employees as citizensAPS Values and Code of Conduct in a professional and respectful manner, APS employees should engage in robust policy conversations As citizens, APS employees should embrace the opportunity to add to the mix of opinions Slide 72 Commonwealth Department of Finance Social media 101: A beginners guide for Finance employeesSocial media 101: A beginners guide for Finance employees