Social media guidance for members

Setting the scene

Very shortly the 2026 May elections will take place. Turn-out matters. Because of the electoral metric of ‘first past the post’ (just requiring one more vote than the candidates rival), the decline of local newspapers, the growth of what were traditionally smaller parties combined with a disillusionment of the public with both the current Government and its predecessor means the party that gets the voter out to vote on the day will be the victor. The doorstep story and what is said is hugely important in getting the turn-out.

Social media will force magnify the election campaign. It is the primary real time source for many activists, canvassers and voters. Today any smart-phone user can be their own publisher. However, misuse of such a device can have devastating effects and unintended consequences.

What is said in social media posts can return and bite back. Take for example Tameside Council and the recent ‘Trigger me Timbers’ social media issues[i]. A private social media group was set up. Comments were made which came into the public realm and led to a standards investigation being carried out. It looked at 39,666 e-comments made by Councillors and the local MP involved. It rocked the authority and contributed to the calling of the 26 February 2026 by-election of Gorton & Denton, probably the most important by-election of this Government.

In a nutshell, it is perhaps too easy to publish political social comment on the spur of the moment and like the genie, impossible to put back in the bottle.

This will be a growth area for the Monitoring Officer and the duty to promote standards under the Localism Act 2011. So, with the local elections coming, now is an ideal time to establish a social media policy for Members to help them negotiate what can be a political minefield.

This article sets out some thoughts and suggestions to help put together a social media policy for your Members to guide them. There are some key pointers which follow.

Defining social media

Social media is defined by the Oxford English dictionary as ‘websites and applications that enable users to create and share content or to participate in social networking’. It is now a well-established part of both private and public life and in conjunction with the ease ‘smartphones’ can be used, a Member can easily publish their views and opinions on web sites, blogs and open or closed networks. It can be limited to a small circle of one to one or as a contrast to the world as a whole.

Unfortunately, this ability to be a broadcaster can present its own problems including the permanence of what is said, and legal risks that inaccuracy or inappropriateness may can bring. Furthermore, there are considerations such as the Data Protection Act 2018 and the law of defamation. Even if a message was intended for a select group it can easily be spread and hence the phrase ‘gone viral’.

The social media policy - setting out roles and responsibilities

The Policy should make clear that Members will be personally responsible for ensuring that their social media activity, be it on a personal or professional account, is in line with their authority’s policies and procedures. Members will be held responsible for ensuring their social media account(s) is / are secure and that only those with authorisation have access to view / post content.

When using personal social media accounts Members should be advised to adhere to their authority’s policies and procedures when using their personal social media pages when identifying themselves as a Member. If using their official local authority social media network, they must not canvass for or show support for a political party, or on behalf of a candidate for election. A briefing for Officers and Members on Code of Recommended Practice on Local Authority [ii] is advisable.

Outline of the law - legislation

Key legislation to outline in a policy should include:

The Data Protection Act 2018 and the General Data Protection Regulation on how information about people is to be collected, handled and used.
The Human Rights Act 1998 (Article 8) gives Members the right to respect for private and family life, home and correspondence’. This gives freedom of speech protection of course but that’s not unlimited and still subject to the law.
The Regulation of Investigatory Powers Act 2000. This outlines the extent to which organisations can monitor, and record communications sent within the employer’s telecommunication systems.

Use of local authority resources

The policy should make it clear that local authority facilities including internet access and hardware such as laptops, PCs and smart phones issued by the authority must not be used for party political purposes and electioneering at any time whether during election or by-election time or not. It is in a Member’s best interest to set up their own e-mail address for political activities to avoid a mixing of official Councillor business with personal / party political activities.

An unedifying thought is that if a local authority’s system is used and unwise comments made by their Members that are libelous are published, the authority may get added as a party defendant in any Court proceedings simply because of their deeper pockets. Indeed, for a Member breaching the code of conduct might be the least of their worries if plunged into a High Court defamation suit.

Members should be advised that when using social media whether using their own facilities or the authority’s and identifying themselves as a Member they are likely to be subject to their authority’s Code of Conduct. They must not post, share or “approve/like” comments or posts that could bring the authority into disrepute or be damaging to its reputation and:

They must safeguard confidential information and not share or discuss any council matters unless the details have been officially released.
They must not post, share or “approve / like” offensive or libelous comments, images, video, audio clips or information about other Members, residents, clients, customers, partners, or authority staff.

Those with personal social media accounts linked to their authority (e.g. if their personal Facebook page features they are a Member) are strongly advised to include a disclaimer statement on their profile to make it clear that their opinions are their own and do not reflect those of the authority.

If using the official social media authority, Members must never canvass for or show support for a political party, or on behalf of a candidate for election.

Relationships with the local authority business

Personal social media use must not interfere with authority business and be restricted to when not taking part in official authority business and especially during meetings of a quasi-judicial nature such as the Licensing or the Planning Committees.

Time of posting may show up in the social media timeline. Alternatively their actions could be visible in the filmed recording of the proceedings, which could be devastating to the reputation of the authority and the Member concerned if a legal challenge was made to the effect that a Member was not paying attention, proved by a posting timeline, and questioning the validity of a decision, particularly if a decision was by a slim majority.

Personal social media must not be used to pass adverse comments or opinions of council services or its employees. If there are concerns, these should be raised with chief officers who will investigate matters and report back to the Member.

Furthermore, any information that is marked private and confidential must not be published on social media.

Anti-social media

There will be individuals who from time to time will seek to taunt Members, they are commonly known as ‘key board warriors’ or ‘trolls’. They may be provocative or abusive. There is even now a word for it ‘rage-bait’[iii]. Their intention is to be annoying and disruptive and to draw users including Members into an intemperate response. Typically, they may then make a complaint or post the Member’s response up for ridicule. Members should be advised not to reply or get dragged into counter arguments and they should ignore it.

Members should report abuse to social media moderators and in extreme cases of threats or hate speech to the Police.

Artificial intelligence

Artificial intelligence or ‘AI’ is material which is generated by predictive software which collects information and gives an interpretation within its programing autonomy. But it is only as good as the source and is often wrong.

Members should never rely upon it as being authoritative on facts or data and only use it as a starting point. Members will be responsible for any AI material they post and so must check AI content used conforms to the standards that prevail as if the Member wrote the content themselves. For example, ask does the AI make a data breach or disclose personal information?

The law and ethics of this technology are still being developed and to reiterate AI should be treated with caution and never used as a primary source of information.

Using AI will not provide a defence to a defamation claim or a breach of the Council’s Codes of Conduct.

Conclusion

This is a new area of activity which will be much harder to control than the goings on in the Council chamber and will surely benefit from a Members’ social media policy, and we are where we are.

Dr Paul Feild is a Principal Standards & Governance Solicitor. In 2015 he was awarded Doctor of Business Administration on the thesis which asked ‘How does Localism for Standards Work in Practice? The Practitioner’s View of Local Standards Post Localism Act 2011’. He has been a deputy Monitoring Officer in various public authorities since 2000 and researches and writes on finance and governance issues. He can be contacted This email address is being protected from spambots. You need JavaScript enabled to view it.. His opinions as ever are his own

^[i] Agenda for Standards Sub Committee on Monday, 2nd February, 2026, 1.30 pm

^[ii] Publicity which the Secretary of State has issued under section 4 of the Local Government Act 1986

^[iii] OED Word of the year 2025