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Compliance Risk Concepts recently published Social Media Governance for Public Companies in which we reviewed the SEC Division of Enforcement’s inquiry into a post by Netflix CEO Reed Hastings on his personal Facebook page stating that Netflix’s monthly online viewing had exceeded one billion hours for the first time.
Neither Hastings nor Netflix had previously used his Facebook page to announce company metrics, and they had never before taken steps to alert investors that Hastings’ personal Facebook page might be used as a medium for communicating information about Netflix. All public companies utilizing social media for corporate communications should implement controls to ensure that all social media communications on behalf of the company are true and complete and that the company controls the timing to comply with Regulation FD and to avoid premature disclosure and that disclosures are crafted in a manner that protects companies from 10b-5 fraud or inside trading claims.

Click Download to read the entire Social Media Governance for Public Companies Bulletin and receive CRC’s recommendations for guidance and ongoing training in regard to your company’s Next Generation Social Media Policy. Recognizing that there has been market uncertainty about the application of Regulation FD to social media, the SEC issued the report of investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934.

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