A California town has decided not to have a Facebook page after being advised by its lawyer of the legal risks.
The ABA Journal has the story.
Excerpt:
The legal issues include:
- May city officials remove vulgar posts and misinformation, or are the comments protected by the First Amendment?
- If a quorum of city council members comment on a Facebook post, is it a violation of the open meetings law? Such laws require advance notice of meetings and an opportunity to attend, blogger Robert Ambrogi writes at the Media Law blog.
- Is the city obligated to retain user comments under the state’s public records law?
- Could the city face liability for employee comments deemed offensive in the workplace?
Would you give the same advice to a Canadian municipality? Other public body? How would you answer those questions here? I know lawyers are paid to perceive risks, but also to evaluate them. It seems to me prima facie (oops! we don’t use Latin any more in the Ontario government [not that I write as an official of same] … as a matter of first impression) that these risks are not all that problematic and that they could be dealt with by appropriate published policies.
The lawyer did go on to say that he didn’t want his client to show up in the law reports as a test case, and one can have some sympathy for that point of view.
Respond: make a comment | read the 2 comments
Share:
Email
|
Save as PDF | Print
|
Bookmark & Share
|
|
More: in Technology: Internet | from John Gregory
|
the count:
8219 posts | 11403 comments
recent comments  
When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»Technology You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »»Practice Today’s Tip is a simple reminder to view by “latest activity date”. The Parliament is back in session and those Slaw Tips readers for whom monitoring legislation is a regular … »»Research
-
Available online today are four new chapters of the publication Women in Canada: A Gender-based Statistical Report, which explores the socio-demographic and economic circumstances of Canadian women in general.
-
The bill amends the Constitution Act, 1867 by readjusting the number of members and the representation of the provinces in the House of Commons.
-
-
Blueseed plans to buy a ship and turn it into a floating incubator anchored in international waters off the coast of California.
-
Under Prime Minister Stephen Harper, the flow of information out of Ottawa has slowed to a trickle.
-
-
"…the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request…"
-
-
John J.L. Hunter, Q.C. of Vancouver has been elected President for 2011-2012
-
Detailed results from 321 members.
These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.
-
Banks and Banking - Liability of banks to third parties - Negligence - General
The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...
-
Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates
The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...
-
Aliens - Definitions and general principles - Immigration consultants
The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...
-
Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography
The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...
-
Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices
Rowe was convicted by a jury of five offences. He appealed.
The Ontario Court of Appeal allowed ...
-
Narcotic Control - Offences - Possession - General
The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...
-
Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana
McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...
-
Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)
The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...
-
Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees
Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...
This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.
Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.
Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.
|
The municipality already has a website, I assume. So why does it need Facebook? Facebook is a medium for social connection and communication. A political entity (or corporate for that matter) is not an individual with whom a person may carry on a conversation with or relate to on a personal basis. Is this just an attempt to "connect" with the current generation? I think so. Websites already exist where citizens and visitors may voice concerns or applaud the municipality. I agree with the counselor here, there is no point to it, and the risk for misuse and miscommunication is too high.
Facebook is slowly creating webpages for all types of things, often mirrored from Wikipedia entries.
The municipality might find that Facebook makes a page for them, without their control. They would have a lot less input, but also not have to worry about the risks identified above.