Transcript Slide 1

Emergency
Services and
Social Media
VGSO client presentation
Emergency Services Practice Group
19 November
2010
Speakers
• Georgette Apostolopoulos
Solicitor, Victorian Government Solicitor’s Office
• Sandeep Varma
Manager Communities and Media Relations, Office of the Emergency
Services Commissioner
• Isabel Parsons
Special Counsel, Victorian Government Solicitor’s Office
• Darren Whitelaw
Acting Director, Strategic Communications Branch, Department of
Justice
• Carolyn Doyle
Managing Principal Solicitor, Victorian Government Solicitor’s Office
Government 2.0
• Use of existing social media sites
– Facebook/Twitter/YouTube
• VPS Innovation Action Plan and
Government 2.0 Action Plan
Social media in emergencies
VGSO Seminar
19 November 2010
Sandeep Varma
Twitter: @dizzydeep
Social media scenario: There’s an
emergency.
Questions
• What do people expect?
• What happens in social media?
• What is going to happen in the future?
Giuliani model for emergency
communications
• What we know
• What we don’t know
• What we’re doing
• What we want you to do
But social media is two-way
Social media version of the Giuliani model
• Here’s what we know AND how to share it with people
you know
• Here’s what we don’t know. Tell us what you know
and help us fill in gaps.
• Here’s what we’re doing (verified) AND what you’re
doing (unverified)
• Here’s what we want you to do AND how to do it (ex.
a map for evacuation)
• What do people expect?
– Australian stats
– Red Cross research
Australians are the most
prolific users of social
media in the world.
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
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2 in 5 Australians interact with orgs
via social networks
• People expect us to be
in social media.
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
• During an emergency, 50%+ would likely use social media to let
people know they were safe
Red Cross Report (USA)
• Three out of four would expect a response within an hour
• More than two-thirds agree that response agencies
should regularly monitor and respond to postings on their
websites
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 don’t provide interactive, real-time information they
will find it elsewhere and then wonder loudly,
“Why didn’t government provide this information!”
What happens in social media?
• Recent examples
– Victoria: VicFloods
– Melbourne: Building fire
VicFloods – September 2010
Source: Herald Sun
VicFloods
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500+ tweets recorded
Potential reach: 100,000+
Government presence minimal
Regional media outlets in focus
Key outlets: ABC/774/3AW + regional papers
VicFloods Twitter examples
1.
RT @VictoriaPolice: This weekend we will be using the #vicrains hashtag, and
#vicfloods if necessary.
2.
@BruceEsplin
RT @3AW693: Wangaratta and Bairnsdale having 'flood peaks' today @BruceEsplin
tells @3AWNeilMitchell http://bit.ly/9jFYuD #vicfloods
3.
RT @BruceEsplin
In Charleton, water levels dropping, great community spirit- but so much clean up
ahead for the community #vicfloods
4.
@VicGovtNews
Advice for renters and landlords affected by #vicfloods from Minister for Consumer
Affairs: http://bit.ly/cMUi4g
5.
@774melbourne
RT @VictoriaPolice: RT @TaturaSES: We're rescuing a lot of people stranded in their
cars. NEVER drive through flood waters #vicfloods
6.
@AusDefenceForce
Find out how @AusDefenceForce is assisting with Victorian flood relief http://bit.ly/9pXf2R #vicfloods
Melbourne CBD Building Fire
• Flames and smoke are nearly all gone @774melbourne: RT @ChristophHewett: Collins Place
is on fire. http://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 TweetDeck
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
US Geo Survey
Twitter posts can
now be geotagged – placed
on a map.
This is a map of
Tweets from 30
minutes after an
earthquake in
California.
5 hours after earthquake
1 day after earthquake
Verification – the big challenge
• Community information verification: how do we
tell it’s 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
The Future
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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
Isabel Parsons
Special Counsel
Victorian Government Solicitor’s Office
Phone: 9947 1405
Email: [email protected]
Legal aspects of using social
media
• Liability, risk management and compliance
What are some legal issues
• Information quality and timelines
• Infringement of third party rights –
copyright and defamation
• Cyber squatting and unauthorised content
Legal framework for social media
• Terms between service provider and
the State
• Terms of access by user
Information quality and timelines
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Liability for negligent misstatement
Duty to warn
Duty to act
Correction of inaccurate data
Disclaimers
• Scope of disclaimer
• Drawn to attention of user
• Accepted by user?
Adding a disclaimer on Facebook
Disclaimer can be placed in
multiple locations within generic
layout of Facebook
Source: Adapted from http://www.records.ncdcr.gov/socialmedia/socialmediatutorial13.html
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
Adding a disclaimer on Twitter
Add a disclaimer in the ‘One
Line Bio’ section – Limit 160
characters
OR: Regularly post the
disclaimer
Source: Adapted from http://www.records.ncdcr.gov/socialmedia/socialmediatutorial16.html
Example: Commonwealth Ombudsman
Infringement of third party rights defamation
• Online content is published where
downloaded (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)
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)
Authorisation and infringement of
copyright
• Authorisation of infringement – ss 36(1A)
and 101(1A)
• Practical steps
• Exemption for online infringement –
service providers (ss 39B and 112E - Safe
harbour)
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
Major issues for contracts with all
service providers
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Scope and duration of content licence
Liability of service provider
Indemnities by the State
Continuity and integrity of service
No endorsement
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
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
Resources
• AGIMO Web Publishing Guide
• Project 8 Online Engagement Guideline
Government 2.0
• Government 2.0 risk register and
management plan
Cyber squatting and unauthorised
consent
• Addressing cyber squatting
• Removal of unauthorised or unlawful
content
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
Carolyn Doyle
Managing Principal Solicitor
Victorian Government Solicitor’s Office
Phone: 9947 1406
Email: [email protected]
The challenge
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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 Heads
Photograph by Limbic. Licensed under Creative Commons
Spectrum of on line activities for
public servants
The generation gap
Private? Public? – negotiating the
boundaries
• The tribulations of the Sawers
Hair(y) FWA Case
• Fitzgerald v Smith T/A Escape Hair Design
[2010] FWA 7358
Current framework for Vic public
sector
• Constitution Act – s 95
• Public Sector Code of Conduct – 3.4, 3.5
and 3.9
• PSSC Guidance for use of social media in
the VPS
• Departmental (or agency policies): internet
use, email use
Constitution Act
• 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 Victoria
– 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’.
Public Sector
Code of Conduct – 3.4
.
• 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.
Public Sector
Code of Conduct – 3.5
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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.
Public Sector
Code of Conduct – 3.9
• 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.
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.
Victoria Police policies
• Police Regulation Act 1958
• Victoria Police Manual
– Policy Rules
– Procedures and guidelines
Commonwealth
• APS Values and Code of Conduct Ch 3 and 15
APS employees as citizens
– ‘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…’
Commonwealth
• Department of Finance
– Social media 101: A beginner’s guide for
Finance employees