Best Practices for Limiting Liability with Social Media

Reshan CoorayDirector of Risk Services

ASCIP

Today’s Discussion

• Define Risk and Cost of Risk• Social Media Mishaps• Managing Social Media Risks• ASCIP’s Coverage• Best Practices for Reducing Liability

What is Risk?

Risk-Uncertainty about outcomes that can either be negative or positive. Negative Consequences

Damage Injury Liability Loss

Source: Risk Assessment-Baranoff, Harrington, Niehaus

Where Does Risk Exist With Social Media?

• Personal injury liability-slander, defamation• Property Damage Liability-Breech of

network/access to electronic information• Inappropriate use of District owned

equipment• Errors and Omissions Liability-Failure to

adhere to mandated reporting requirements• Privacy/ Free Speech Issues

What is the Cost of Risk

Cost of Risk –total cost associated with both the prevention and/or the actual cost of loss or damage sustained by the District. Accidental Losses (People/Property)

Network Repair Cost of Litigation (Including Defense Costs)

Insurance Premiums Limits of Insurance/Deductibles

Cost of Risk Control Techniques Audits, security measures, training

What is Risk Management?

The process of making and implementing decisions that will minimize the adverse effects of accidental losses on a District.

Planning, organizing, leading and

controlling organizational resources to minimize risk.

Source: Risk Assessment-Baranoff, Harrington, Niehaus

Social Media Mishaps

• Cyber Bullying Issues• Threats• Harassment/ Discrimination• Inappropriate Communication– Staff to Student– Student to Student

ASCIP General Liability Memorandum of Coverage

• Use of social media related programs-Not specifically excluded

• District sponsored program • Coverage for third party liability claims

Best Practices for Reducing Liability

• Establish Criteria for Social Media Use– Types of use– Communication– Approval process for creating accounts– Restricting access to inappropriate material

• Establish policies/ guidelines– Social Media Policy & Comments Policy

• Educate Staff and Students– Ethical use, internet safety, downloading etc.

Best Practices for Reducing Liability

• Monitor Use of Social Media– Adherence to Policy– Appropriate Use

• Re-educate as necessary

Questions