Legal Awareness and Crisis Management Introduction

With Special guest Jon Daggett, Outside Legal Counsel with NCC, learn a few basic things to avoid and resources available to you in the Northern California Conference. 

Transcript

SPEAKER_00 0:11

Welcome to our third installment of our Clear Voice Communication Initiative. Today we're going to talk about and focus for the next 30 minutes on legal and risk awareness for communications and public relations. We appreciate your time. We know you've joined us over your lunch hour. So we want to be extremely respectful of that time. As we talk, please feel free if you have any questions during this presentation, you can enter them in the comments section. And we will be answering your questions as needed. If we have to do any follow-up questions or we can't answer specifically within the time frame of this webinar, we will definitely be following up with you. So to help us today come and understand and see from a different perspective, I want to welcome to the stage our legal counsel, John Daggett, and he is going to be joining us. John, welcome to our to our webinar today.

SPEAKER_01 1:21

It's good to be here. Thanks for having me.

SPEAKER_00 1:23

What issues have you seen with posting photos or videos of minors online, even if it's in live stream? What do you see as some of some of those issues that we that we might face as we do that?

SPEAKER_01 1:37

Yes, this has become a I would say an increasing area of potential liability. It wasn't that long ago, I think schools and churches would pretty much post whatever they wanted without too much concern. And most parents aren't complaining. But um the reality is there's situations sometimes where minors' privacy can become a safety issue. And beyond that, there's also increasing jurisdictions that have laws like California that have certain restrictions on using the likeness or pictures, videos of minors online without their or their parents' consent. Um generally, when it comes to the safety side, we've had cases where, for example, a school had an event once and it was a public event. There were public invited, and press was invited, and the local newspaper took a lot of pictures. And wouldn't you know it, on the front page of the newspaper the following day was the image of a student who actually was sort of in the equivalent of a witness protection program. I would say it was quite, you know, what we think of as witness protection program, but that student was subject to a court order for privacy where that student's uh whereabouts and identity was supposed to be kept confidential due to a safety issue. Um, you can imagine when the parents saw that on the front page, they were very concerned. So schools need to be thinking very seriously about uh, particularly schools, we'll talk about churches in a moment, but when it comes to schools, they need to make sure they have media releases. If there's not permission to post, you should not be posting. Uh, schools are uh, you know, that there's sort of a quasi-mix of, well, not a quasi, there's a mix of private and public activities happening in a school. If a parent brings a child to a public performance that happens at a school, for example, they may know that there's members of the public who could show up and take pictures, and then that's sort of an implied consent. It's an obvious public forum, and it's I think the expectation is more on the parents to work with the school if they think their student needs to be protected in some way. But when parents bring kids to a school and they're going to be in a classroom or just sort of routine non-public activities happening at a school, they have an expectation of privacy over their minors' likenesses being used, and it should not be posted publicly or spread online without a media release. So media releases are really important for schools. Um, where possible, names and identifiable details should not be posted online. Um, for minors, I can tell you that there is a, I believe there's a sample media release that NCC uses that schools and churches should be aware of. Churches are a little bit different because churches tend to be more of an obvious public forum. If you bring your children to church and they're gonna go up front and be in a child, children's story and that type of thing, I think that parents sort of know that there's some publicity and people could be there. We don't know who all's in church and who's taking pictures. One of the things, so I don't think a media release is necessary for every kid that walks in the door of a church. But if a church is going to be streaming services, posting things online, videoing services, I think it's wise for that to be open and obvious. You know, the cameras should be obvious. And uh churches have increasingly started doing things like including something in the bulletin that the services are recorded or posted online. Sometimes there might be signage. I think those are all good measures to make sure that people understand. They don't have an expectation of privacy when they come to church.

SPEAKER_00 5:08

So you've talked about both churches and schools and having a media release. We do have one online that you can find on the communication. John Daggett, thank you very much for helping us create that. What is you kind of mentioned, some specific information that should never be posted, even though there's an expectation of in a public forum. But when you are, if you're telling a story or you or or maybe even someone is sharing a testimony, what kind of information should never, as good practice and policy, be posted online?

SPEAKER_01 5:43

Yeah, that's a that's a great question. You know, generally, if you look sort of in broad terms, there are lots of privacy rights for individuals that would protect anything that they uh intend or would want to be kept private, oftentimes, such as you know, to use obvious examples, like social security numbers are very sensitive medical information, employment information, disciplinary or family situations that are intended to be kept private. So, you know, if someone goes up front during a recorded service, and hopefully the recording is is uh obvious because there's cameras there, and if there's something in the bulletin or otherwise stating that there's live streaming, if someone goes up there and says something that you know is confidential and private, well, you know, obviously we're not a fan of that, but that person knew or should have known that that's not a public forum. But to the extent that is you know, someone is uh recorded in a meeting, um, you know, for example, there's a prayer meeting, they're asking for prayer requests, and oftentimes people want to be able to publicize things there. Um, we always want to try to steer away from including confidential medical, uh, employment disciplinary type matters, um security numbers, dates of birth, intimate family uh situations without permission. So I think the default should be we're not gonna post that kind of material or make it publicly available if we can help it. Um, but you know, for example, sometimes people want uh the church praying for them and they might want it posted that they're having a certain medical issue and need prayers. That's fine, but make sure you have uh that person's consent for that. An email is often sufficient or a text, but something that confirms you have permission to do that is wise.

SPEAKER_00 7:30

Perfect. Now let's just change the topic a little bit. We've had some discussion and had some issues here in our conference about copyright of images and copyright use. Um, just give us a really brief what should we be looking at as a school in a church with stock photos, with other photos? What have you seen in your in your casework where we should just we should just be very, very careful when we when we are using photos of images that perhaps we find online?

SPEAKER_01 8:01

We've seen many instances where churches or schools have taken content from the internet uh without a license or permission because you know that there's a sense a lot of times by people that if it's on the internet, it's public and available. But that is not true. Uh, you need to make sure that any images you're posting, if they're not your own or other forms of media, graphics and things like that, that you have a license or permission from whoever created that image. So uh copyright protections are very strong. And by the way, uh if someone takes a picture, that's it's automatically copyrighted under the law. They don't have to go file anything, it's their picture, they took it, it's presumed copyrighted by that person. So if you take someone else's picture without paying for a license or getting permission, they could assert their copyrights, and there are statutory damages that can be pretty steep. We've had a number of cases where churches have had to pay several thousand dollars uh because they used an image on a website that wasn't theirs. So be very mindful, just because it's uh on the internet and maybe it appears to be free, it isn't. Make sure you have permission.

SPEAKER_00 9:07

Right. And we also have a copyright of what to do if there is a copyright infringement claim. You can find that also on our website um and there's a process, and and obviously contact the communication director.

SPEAKER_01 9:21

Lots of resources available to you that are that are either cost-free or potentially included in a license that the conference may already have. So, you know, don't just grab something off the internet. If you if you don't know if you have permission, check with communications because there's lots of libraries and things, but you can get free or cheap access to good content.

SPEAKER_00 9:42

Shift a little bit more toward the idea of communication and the role that communication on a conference uh level in collaboration with legal counsel and others? What is it that we do? So you've been our legal counsel for many years, um, and it's been a pleasure over the last six years to work with you. So, how do you find best um to manage a complex issue? What well, no, but better said, what has changed over the years of you working in legal counsel in dealing with PR and communication um on a conference level? What have you seen the change?

SPEAKER_01 10:20

Well, you know, I've been doing this for about 23 years or so now, representing NCC and other organizations. And I won't lie, I do miss the days a little bit of when a no comment was sufficient. Uh, a lot has changed. And I've I will admit I've been brought a little bit uh dragged, kicking and screaming to the new world. However, I think that the we're in a world now where there is rampant social media, information moves very quickly. You're not just dealing with one or two press sources. It used to be that a no comment, frankly, might be sufficient, and a press uh might get bored of a story and it becomes a non-issue. You're not in that world anymore. I think that we are at a point now where careful, thoughtful, uh, calm, non-reactive communication uh is really critical to help manage the PR fallout of things. Now, so that my primary uh focus, I guess, has shifted now on I'm not a communicator. That's not you don't want your lawyer crafting your messages, but you need your lawyer reviewing them. So I've uh really enjoyed the last few years working more closely with communications people as they craft really excellent messaging around sometimes crises or issues the church is facing. And my job as I see it is to basically see what's being written and make sure we're not creating any legal problems that people might miss when they draft the communications. But I try to facilitate good communication now to just help eliminate legal risks. But I do I do believe now that a good communication strategy and good communications have a place in managing even legal issues, whereas before, you know, that was something that would have been you know the opposite of what we would recommend.

SPEAKER_00 12:03

Um, as the communication director, one of the things that I am authorized, I am the official media spokesperson, and um I do work very closely with the leaders on the team on the local level, whether that be a principal, a pastor, or a head elder, to coordinate and craft uh PR and marketing strategies depending on the issue. Um we also work on language timing communication. John mentioned, of course, that um all of my communication definitely gets cleared by John before it goes out, or at least communication strategy, because we do have to always keep in mind the legal side of things, because again, we can inadvertently say something that could cause problems. Um and also just as a note, in our last couple of years when we've had fires, even when we had the Feather River School shooting, um, part of my job is to coordinate the fundraising side of the communication and PR. So in our natural disasters that we had at Leone, the Feather River shooting and other things, if there is a fundraising um need, then my department also steps in to help find what kind of crisis or incident requires a church or school to involve the communication department, avanus risk management, uh their supervisor. What have you what have you seen that kind of works the best? And of course, legal counsel steps in um as a support for us. But is there a time that they even reach out to you? Can you give us kind of what you what you've seen is working best?

SPEAKER_01 13:44

Yeah, I I think for number one, if if you believe it's a crisis, you should be calling. Uh it doesn't mean that everything you think is a crisis might be one, but if you think it is, you probably should be calling and getting help. Um, frankly, uh, it's gotten to the point now where you've got the assistance at the conference. Why would you ever try to craft a communication message alone? You've got excellent help. So uh I always recommend reaching out to communications. They do have special training and how to uh craft messages that can be helpful and move a story forward in the way you want it, and if nothing else, I think it helps slow the process a little bit. I think generally reacting quickly and posting anything in haste is not going to help you. I mean, there may be the rare instance where you say just the right thing in haste, but in my experience, that almost never happens. So, practically speaking, if you've got a situation where someone's been injured, somebody died, there's a serious safety issue, if you've got a situation that involves minors or other vulnerable individuals, uh perhaps you're dealing with some rumors or comments that are spreading on social media that are damaging or causing you know undue or unwanted attention to your organization. Um, if you get contacted by media, reporter, or you know, nowadays media is a pretty broad term. I mean, if you get people who are in their social media uh websites or whatever, and they take an interest in something happening in your organization, they want comments or feedback from you for public uh you know reporting or utilization. That's another situation where you want to reach out to communications. If that issue is going to reach beyond your immediate school or church, you should be talking to communications. Um, if you just feel unsure, if you feel emotional about it or pressured, um get help. Call the communications director.

SPEAKER_00 15:36

And and we're not expecting you as leaders to speak to the media. We're also we we provide you approved language and even holding statements. We like to provide just so you're aware of the type of messaging we like to craft, it's always accurate and transparent, trauma-informed, it's legally sound, and it's always aligned to mission. Um and the reason why the communication department can function, we we're here to support you so that you can take care of the people, and that you can take care of the situation on the ground. Let us help you with the communication side and all of these external things that can actually distract you from taking care of the people on the ground. So um, we've got a couple more minutes here, and there's a couple of scenarios just to kind of give this a wrap-up. Let's kind of give some scenarios, John, as to, and as you're listening, people out there, and I encourage you to use the comment button. Um, you will choose either answer A or B. Uh, we'll give it a quick pause and then let you type in A or B, and then we'll uh give the answer. So I will present the scenario, and then John, you can give the answer of what would be the correct answer and a brief explanation as to why. Okay, so go ahead, get yourselves ready for the comment section. Um, scenario number one: a post on uh about an incident at your school is gaining online attention. What do you do? Do you pause before you respond? Do you clarify publicly? Do you call the director of communication and follow the guidance? All right, giving you a bit of time. John, what do you do?

SPEAKER_01 17:39

You know, that really sounds like an all of the above kind of uh answer. You know, you want to pause, think, you don't need to clarify anything publicly. You don't have an obligation to immediately clarify anything publicly. That should be done in a very careful fashion with the director of communication. So, item number three, call the director of communication and then follow guidance before anything is shared.

SPEAKER_00 18:04

All right, this is another scenario. We kind of mentioned it at the beginning. There's a fabulous photo of a VBS, a picture of all the kids out in the audience in the VBS, and there's these couple kids in the front that are that are really clear and you just love their faces, you know who their parents are because of the registration. Should I just go ahead and post that? That would be answer A. Or should I pause and check for parent permission or call or check for parent permission? A post because it's a lovely photo and it highlights your mission, or B, pause and check. Right. Thank you for the answers coming in. John.

SPEAKER_01 18:45

I know everybody's got it down now, but you want to pause and check. And a lot of uh VBS programs now will involve, as part of their sort of enrollment package or sign-up package, a media release. So once you know that those uh individuals have signed that media release, you're good to go. But pause and check.

SPEAKER_00 19:03

Uh, since you registered for this webinar, you will receive a link to the to the recording. But if you want to also access it later, it will be available on our website. Just remember you're not alone in this, um, in these moments of crisis. We're here to support you, we're here to help you. I have access to resources that um go even beyond my position if I need them. Um, again, we're here to serve you in any way we can to give advice. Um, and as we keep re-reiterating here, pause. Pause before posting, pause before reacting, even if people are pushing you get out, get this out, get this out, get this out, pause because that pause can help you and save time later on. Because the last thing we want to do is is create more of a crisis, re-traumatize the victims that are there because we're trying to get information out. So pausing is extremely important. And um I can't reiterate again, we're here to support you. John, any last words for you?

SPEAKER_01 20:17

Yeah, I would just want to reiterate that you can create liability issues with what you put in communications, so that's part of the reason why you want to make sure you're working with your communications team and they'll be working with legal counsel as appropriate. This the simple fact is when you have an issue, I love that pause, is there's no immediate rush. Pause. You need to contact the NCC communication director immediately if the matter involves anything that's going to be death, injury, safety concerns, minors or vulnerable individuals, law enforcement matters or legal matters, media inquiries. If it's something that involves strong emotions, uh hot topic political issues or conflicts online, those can impact the organization with what you say. So just remember take that time to think for a moment, call the resources you have available to you in the NCC Communications Director. They'll help you align communications for the interests of your uh entity and the conference and everyone involved, and then help you communicate clearly.

SPEAKER_00 21:25

Thank you, John. And again, thank you all for attending this uh webinar. We're getting you out here a couple minutes early. We definitely want to respect your time. Also, remember our next webinar on May 21, we're going to be discussing ethics for communicators. And this is an important topic. It goes along with the legal side, but sometimes uh we can run into issues when it comes to ethical behavior, not always legal behavior. So, John, thank you so very much for your time. Really wish you a wonderful rest of your. Afternoon as well. Thank you.