LGA publishes guidance on social media, reminding elected members “legal standards apply online as offline”

The Local Government Association (LGA) has published new guidance for elected members when using social media in their capacity as councillors, covering legal considerations, defamation and libel, reputational considerations and safety.

While optional, the guidance should sit alongside the council’s Members’ Code of Conduct, the LGA said.

The LGA noted: “Where this guidance is adopted locally, a failure to follow it may, depending on the circumstances, amount to a breach of the Code of Conduct. Where it is not adopted, it remains advisory only.”

The guidance first reminds councillors that they are personally responsible for what they post online, and that “the same legal standards apply online as offline”.

On defamation and libel, the guidance states that libel is defamation in written or published form, including online.

“A person who publishes an untrue statement that damages another’s reputation may be liable in defamation. Both individuals and organisations may bring claims.

“Repeating a defamatory statement may also give rise to liability. This can include sharing content and, in some circumstances, other forms of online engagement where this amounts to republication”.

The safety section of the guidance outlines recommended steps that councillors can take to protect themselves and others when using social media. It urges councillors to “maintain a clear boundary between [their] personal life and public role” and set up their accounts securely.

In order to protect privacy and stay alert, councillors are advised to:

• “Review privacy and tagging settings on all platforms;
• Avoid posting personal information such as your home address, phone number, date of birth or details about your family;
• Where possible, avoid sharing information which may suggest that your home is currently unoccupied;
• Report any abusive, threatening or inappropriate behaviour to the social media platform and, where appropriate, to your council or the police;
• Speak to the monitoring officer, community safety team or the police if you are concerned about your safety or receive repeated harassment.”

On bias and predetermination, the guidance states that where councillors are involved in planning, licensing or other quasi-judicial decisions, they should avoid social media activity that could give the impression that they have made up their mind in advance.

“Expressing a preliminary view is not unlawful in itself. However, councillors must be able to demonstrate that they approached the formal decision-making process with an open mind and were genuinely prepared to consider all relevant evidence.”

The full guidance can be accessed here: https://www.local.gov.uk/our-support/communications-and-community-engagement/model-guidance-councils-elected-members-use

Lottie Winson