Most times when communication goes wrong, the next available step for people is the delete option. However, using delete option is not usually the way out to most communication or other crisis for that matter. It does have a legal implication. Kindly read below the necessary professional step to take (apart from the option of delete) when situation gets out of hand.
Deleting social media content as a tool for reputation management is very common.
Chief Legal Research Editor at IPR and Assistant Professor at Virginia Tech University, Dr. Cayce Myers’ study concentrates on the legal complications of deleting social media content and how PR practitioners can avoid getting themselves and their client into legal issues.
“Social media content is now being used as evidence for litigation more than it has before.”
According to him, “Deleting social media not only affects those that are on a legal team, but also the PR practitioners of an organization. The organization and its communications team can be sanctioned for deleting media during a crisis. This is why PR practitioners need to be able to balance the reputation management of their organization and know the laws against social media deletions and the legal consequences for those actions.”
Myers analyzed a variety of federal and state civil cases involving social media deletion on trial and State Supreme Court cases. The U.S. court systems work on past rulings and this study looked at the pattern of court decisions on these types of issues.
The study analyzed the themes, rationales and patterns of these cases to fully understand the implications for deletion of content.
Four recommendations to PR practitioners:
- Think before you delete: Cost benefit analysis, Look at the given situation and the costs associated with deletion of content(legal, reputation), Rule of evidence: do not view discoverable items from less of admissibility, It is wiser to see that content is more important than others, Deletion is an active practice.
- Know the risks and benefits of your privacy setting: Use social media in an open way, Privacy settings are important, Be deliberate in your post.
- If you delete content, have a way to store that content elsewhere: Always save your social media content somewhere, Screenshots, or work with IT to backup all content, Having the ability to know what you said is almost as important as what you are saying now.
- Do not automatically assume that negative contents should be deleted: i) Engagement, rather than deletion, should be the first option. ii) Sometimes content does have to be deleted: when having to choose, engagement is always the answer.
“As technology continues to expand, the courts on various levels will continue to face these types of cases”.
“PR practitioners will have to work even more closely with lawyers to make sure the online reputation of their clients is secure. PR practitioners have to know the gravity of the online world and how their clients can be at risk for legal implications with the simple deletion of a post”, he advised.
