Social media has become one of the most effective ways for charities and non-profit organizations to connect with donors, volunteers, members, and the communities they serve. Many organizations rely on Facebook, Instagram, LinkedIn, TikTok, or other platforms to promote events, share success stories, and advocate for important causes. In many cases, these accounts are managed by staff members or volunteers who are passionate about the organization’s mission but may not have formal training in communications or legal compliance.
While social media can strengthen community engagement, it also creates legal risks that are easy to overlook. A single post can raise issues involving defamation, copyright, privacy, or governance. Having a thoughtful social media policy can help non-profits in BC reduce these risks while continuing to communicate effectively with the public and meet their broader charity law obligations.
Understanding the Legal Risks of Social Media
Many non-profits use social media to advocate for causes that matter to their communities. Advocacy itself is not the problem, but organizations should be careful about making statements that could damage another person’s or organization’s reputation. The safest approach is to avoid making allegations about businesses, public officials, former employees, or competing organizations altogether. Well-intentioned posts can expose a charity to defamation claims if they contain false or misleading statements. It’s worth understanding that the truth is only a defence to a defamation claim, not a shield against being sued in the first place. Even a statement that is accurate can lead to a defamation claim which means time, legal cost, and reputational strain regardless of the outcome. Not only is there legal exposure, but this kind of posting tends to be negative in tone and may reflect poorly on a non-profit organization.
Defamation risk can also arise through comments made by volunteers or board members who appear to be speaking on behalf of the organization. Responding emotionally during a public disagreement or sharing unverified information may create legal exposure that extends beyond the individual who made the post.
Privacy is another area that deserves careful attention. Many charities work with children, seniors, vulnerable individuals, or people receiving confidential services. Sharing photographs, videos, personal stories, or identifying information without appropriate permission can create privacy concerns and damage the trust that donors and clients place in the organization.
Privacy law requires organizations to think carefully about what personal information is collected, shared, and retained. Before posting photographs from an event or highlighting a client’s story, charities should ensure they have obtained appropriate consent and understand any applicable privacy obligations. Even where consent has been obtained, organizations should consider whether sharing certain information is necessary and appropriate.
Copyright is another commonly overlooked issue. It is easy to find images, music, videos, and graphics online, but that does not mean they are free to use. Copyright issues can arise when volunteers download photographs from the internet, use music in promotional videos, or repost graphics without permission. Being a charitable organization does not provide an exemption from copyright laws.
Why Governance Matters on Social Media
Many legal issues involving social media are not caused by the platforms themselves but by a lack of internal governance. Organizations often discover that multiple volunteers know the passwords to their accounts, former board members still have administrator access, or no one knows who owns the organization’s social media profiles.
This creates unnecessary risk. Access should be limited to authorized individuals, and ownership of every account should remain with the organization rather than a personal email address belonging to a volunteer or employee. Clear governance procedures are also an important part of corporate law compliance for non-profit organizations.
Charities should also establish clear expectations around who may post on behalf of the organization and what approval process should be followed for sensitive content. Advocacy campaigns, public statements, fundraising appeals, and responses to controversial issues often benefit from additional review before they are published.
A nonprofit social media policy in BC should address acceptable content, privacy expectations, copyright compliance, account security, password management, comment moderation, and procedures for responding to complaints or media inquiries. Providing volunteers and staff with practical guidance helps create consistency and reduces the likelihood of avoidable mistakes.
Responding When Something Goes Wrong
Even organizations with strong policies occasionally make mistakes. A photo may be posted without proper permission, inaccurate information may be shared, or a volunteer may publish content that does not reflect the charity’s values or legal obligations. How the organization responds can significantly affect the outcome.
The priority is to assess the situation promptly. Depending on the circumstances, it may be appropriate to remove or correct the content, preserve records of what was posted, and determine whether anyone has been affected. If personal information has been disclosed or reputational harm may have occurred, the board should understand the full picture before deciding how to respond publicly.
Organizations should avoid reacting defensively or engaging in public arguments online. A measured, professional response often helps reduce further harm while allowing the charity to investigate the issue carefully. Internal documentation should record what occurred, how decisions were made, and any corrective steps taken.
After resolving the immediate issue, charities should review whether existing policies and training are sufficient. Many social media problems can be prevented by updating internal procedures, providing additional volunteer training, and regularly reviewing account access and approval processes.
At L. Johnson Law Group, we advise charities and non-profit organizations throughout British Columbia on governance, privacy, intellectual property, and risk management. If you need assistance, you can contact L. Johnson Law Group to discuss your organization’s legal concerns.
Frequently Asked Questions
1. Does every non-profit need a social media policy?
While not legally required, a written social media policy is a valuable governance tool. It helps establish expectations for staff, volunteers, and board members while reducing legal and reputational risks.
2. Can a charity be sued for a defamatory social media post?
Yes. If a post contains false statements that harm the reputation of an individual or organization, the charity could potentially face legal consequences, particularly if the content was published on the organization’s behalf.
3. Can our organization use photos found online in social media posts?
Generally, no. Most images, graphics, and videos found online are protected by copyright. Charities should use content they own, have licensed, or have explicit permission to use.
4. Do we need permission before posting photos of volunteers or event attendees?
In many situations, yes. Obtaining appropriate consent before sharing identifiable photographs or personal stories is good practice and may help your organization comply with applicable privacy obligations.
5. Who should own a charity’s social media accounts?
The organization itself should own its social media accounts. Administrative access should be tied to organizational email addresses wherever possible, and access should be reviewed whenever volunteers or staff leave.
6. What should we do if an inappropriate social media post is published?
Act promptly by assessing the situation, preserving relevant records, and determining whether the post should be removed or corrected. If the issue involves privacy, defamation, or other legal concerns, seeking legal advice early can help your organization respond appropriately.
