Charity Commission consultation on draft social media policy and use

The Charity Commission has published draft guidance for charities on their use of social media and has opened for consultation until 14^th March.

The Commission reminds charities that social media should be used only ‘to achieve charity’s purpose’ and that all charities should have a robust social media policy that trustees, staff and volunteers can refer to and be trained in. In addition, charities should be aware of and ensure they are adhering to other legislation and policy including GDPR, copyright and defamation.

The purpose of the guidance, according to The Charity Commission, is to recognise the power and use of social media and to support trustees in understanding how their legal duties apply when their charity uses social media and what to consider if issues and incidents arise.

Concerns have been raised over some of the points released earlier this month. Whilst the guidance has been produced to help charities in the event of crisis both online or offline, little advice seems to be enclosed to support what to do in the event of this. Instead, the guidance asks that staff restrict use of their personal accounts and/or make clear that views they express must reflect the views of the charity. This particular point has sparked discussion on how this could restrict campaigning and advocacy for vulnerable groups and where the lines are drawn between political and acceptable opinions.

In summary, the draft guidance states charities should:

Set a social media policy

If your charity uses social media, you should have a social media policy.

Make sure that trustees, staff and volunteers using social media are familiar with the charity’s social media policy.

The policy, amongst other recommendations, includes:

How your charity will use social media, including:

• * the platforms you will use
• * what your policy is on moderating third party content, for example what comments you will respond to and how, and what comments you will like or reshare
• * how you manage access to your charity’s social media accounts and social media security
• * who can post day-to-day content, and about what. For example, routine announcements of the charity’s work
• * when additional approval is needed, and who is involved. For example, high profile announcements or dealing with a social media crisis
• * your rules including compliance with relevant laws and any codes of conduct
• * your rules around managing interactions with children and young people and/or with vulnerable people
• * how you will ensure your staff and volunteers have the skills and knowledge to use social media appropriately
• * how this policy interacts with your policies and processes on safeguarding, risk, whistleblowing and HR
• * when issues need to be reported to the full trustee board
• * if, when and how you will respond to complaints or criticism on social media
• * what to do if you receive abusive messages including how you will support trustees, staff and volunteers if they are the subject of online abuse
• * checking if you need to report a serious incident to the Commission

Know how to manage potential risks in posting social media content

Your social media policy, along with appropriate trustee, staff and volunteer communications and training, should make clear that your charity should not post or share content which is, or which could be regarded as: harmful, inconsistent with your charity’s purpose or not in its best in interests or in breach of the law.

You should ensure that your social media use is likely to be compliant with any relevant laws,

You should also be aware of the rules or any codes of conduct of the platforms you are using. This includes risks associated with spreading false information, particularly if this is shared with intent to mislead.

Know what to do about problematic content posted or shared by your charity

Be clear on the processes to follow to prevent problematic content being released and how to deal with this in the event of a policy breach.

Know what to do about problematic content posted or shared by anyone connected to the charity

This includes clear protocol around views being expressed by trustees, staff or volunteers and clear guidance on how to avoid misrepresentation or anything which could bring the charity into disrepute.

Know what to do about problematic content from third-parties on your social media

This includes knowing how to respond to negative comments, troll, cyber bullying, racist, sexist, xenophobic commentary and anything which may be counted as hate crime.

Engaging on controversial topics

This includes knowing how to deal with negative comments, trolling or politically-sensitive subjects.

Campaigning or political activity on social media

Campaigning and political activity by charities are subject to additional rules. Your policy should make clear the appropriate boundaries and adhere to the purpose of the charity.

Fundraising on social media

The Code of Fundraising Practice applies to fundraising on social media platforms. The Code outlines both the legal rules that apply to fundraising and the standards designed to ensure that fundraising is open, honest and respectful.

Staying safe online

This includes being aware of others creating fake accounts for you or your charity, which can happen whether or not you are using social media, or protecting your charity against phishing and scams.

For more information and to submit your views to the consultation please visit: Draft guidance: charities use of social media – GOV.UK (www.gov.uk)

MCF members are invited to get in touch to share their views for a sector-wide response. Please contact [email protected] for exclusive social media policy support for members or with views and questions.