Uncategorized - Written by Anthony D. Williams on Sunday, December 30, 2007 10:39 - 1 Comment

Web 2.0 and legal risk

It’s easy to berate government agencies for being slow to use popular web 2.0 platforms like YouTube and Second Life to deliver public services or engage citizens in dialogue — I certainly have. I have little doubt that governments must establish a genuine presence in these participatory online communities as they struggle to maintain relevancy and legitimacy in today’s world. But when you start to consider the legal and political risks that agencies take on when they use third party channels for engaging with the constituents, you can at least sympathize with their dilemma.

This report produced for the Queensland Government in Australia outlines many of the legal issues that agencies must consider as they migrate to a web 2.0 environment. I wouldn’t recommend it if you’re looking for riveting holiday reading, but it’s a must for public sector practitioners who want to ensure that their first foray’s into web 2.0 don’t end in political disaster. Here’s an excerpt:

“Increasingly, young voters feel that they cannot communicate with governments and with politicians. Young people often use online and digital environments—websites, bulletin boards,forums, social network platforms and virtual environments,instant messenger, SMS and Voice over IP—to converse with each other about things that are of importance to them. The topics of these conversations—education, the environment,policy, economics, human rights, sexual identity—are inherently politically relevant. Consequently, if governments are to have meaningful interaction with young people, it is important for them to engage in these communication platforms. . .

The current generation of internet platforms have the potential to provide significant benefits to organisations that wish to
interact with their audience—whether customers or constituents—in a more direct and immediate fashion than has
been possible with established communication channels. . .

Organisations wishing to make use of these Platforms must be aware of the legal risks which may arise from their use and
take steps to ensure that those risks are actively managed and minimised. In particular, any organisation using the Platforms
must develop and implement policies and procedures addressing issues such as:
• behaviour and conduct of Platform participants and
the organisation’s employees;
• the dissemination of illegal or inappropriate material;
• copyright infringement; and
• management of the organisation’s own intellectual property.



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Mike Dover
Jan 2, 2008 18:24

These are all good points. I consulted to a Canadian federal department and we ran into a lot of these same issues.

Governments always will have a higher risk/reward threshhold as well as privacy concerns than private sector companies.

Just because it’s more challenging though, doesn’t mean that governments should avoid the lessons of Wikinomics — they just need to be more careful (and ease a little outside of their comfort zone)

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