Guide to Online Campaigns: Some Legal & Ethical Issues
By Mike Gifford of OpenConcept Consulting
and Kim Boucher
The information in this article is current as of December 13, 2003.
The Internet is a tool that can strengthen non-profit organizations' outreach,
education and advocacy efforts, and assist in building a community of people
who rally around your organization's mandate.
Before proceeding with online campaigns you need to be aware that, like other
activities in the non-profit sector, Internet campaigns have legal and ethical
implications. This article is aimed at non-profit organizations and provides
a summary of some of the legal and ethical implications that you should be
aware of when undertaking Internet campaigns for outreach, education, advocacy
and community building. While this article focuses on online campaigns, all
of the points discussed are also applicable to off-line non-profit activities.
First, a few explanations of what we mean by some of the terms used in this article:
Internet outreach: Outreach is communication and involvement with your community. There are various tools and methods for effective outreach, and the Internet is one of them. A web site is one of the basic forms of Internet outreach. Fortunately there are now a number of web applications that can help you more effectively keep track of and contact your supporters.
Internet education: Generally, organizations seek to inform and educate people about their mandates. There are a number of ways to educate people online. In addition to posting educational text on your web site, you can employ multi-media features as well as interactive forums to discuss issues with others.
Internet advocacy: Advocating certain positions on social issues is an important component of the non-profit sector. Advocacy can take a number of forums - email/fax actions and petitions are some of the most common. Internet advocacy can have on-line and off-line components as web databases can be used to coordinate your supporters.
These three levels of communication form a continuum. Ultimately, you want to reach out to people who might support your efforts and who are interested in learning more, and then lead them to become more engaged. The Internet is one tool that can help you to build a community of people who care about the issues that your organization addresses.
With regard to online campaigns, organizations should be aware of the following:
- Personal Information Protection and Electronic Documents Act (PIPEDA): National legislation about how organizations should collect, use, disclose and retain personal information about individuals.
- Canadian Customs and Revenue Agency (CCRA): The governmental agency that oversees and regulates Canadian charities. The CCRA has regulations about advocacy concerning registered charitable organizations.
- Ethical codes of conduct: While organizations are not mandated by law to follow ethical codes, they provide standards of good practice, indicating accountability and integrity.
Here are a few aspects of PIPEDA and CCRA legislation relating to on-line campaigns:
- If you trade, sell or lease lists of your on-line supporters, you should be aware of PIPEDA as these are considered business activities. This is the case for email addresses, as well as mailing address lists. You need to inform individuals that you trade lists and give them an opportunity to tell you if they want to be excluded from your trade list. This must happen before you trade their names.
- If you collect information about people who visit your website - you need to tell them that you collect this information, what it will be used for, and who it will be shared with. This is particularly important if you use 'cookies' because people visiting your site may not otherwise know that you're tracking information about them. Individuals have the right to see the file you have on them.
- All NGOs should have a privacy policy that is accessible to donors, members and others. It is suggested that, among other places, you post it on your website. See OpenConcept's Privacy Policy in the links at the bottom of this article.
- In addition to PIPEDA, which is federal, some provinces are creating their
own privacy laws. NGOs should be aware of both federal and provincial
privacy legislation.
- Registered charities are allowed to engage in non-partisan advocacy, with
limitations. According to the CCRA, advocacy cannot be the raison d'être
of a charitable organization. Advocacy must be related to your mission and
objects, as registered with the CCRA. Organizations that are not registered
charities are not obligated to meet CCRA advocacy limitations.
- As the CCRA defines it, there are two types of advocacy: direct and indirect.
The latter has implications for online campaigns, and is of concern to some
charities. Indirect advocacy includes efforts to influence public
opinion on social issues, and campaigns including requests to contact the
government or the media. CCRA legislation limits the extent to which charities'
can engage in this activity. A maximum of 10% of charitable resources can
be allocated to indirect advocacy. There is some flexibility depending on
your charity's annual income. The CCRA website gives more detail. There
are more implications relating to advocacy that pertain to online campaigns
as well as off-line activities. The voluntary sector is working to help
shape the legislation, to be in the best interests of the Canadians whom
organizations represent and to be practical for organizations. We recommend
that organizations stay abreast of this issue.
Compliance with PIPEDA and CCRA legislation is compulsory; voluntary sector leaders are working with organizations and government with the goal of ensuring legislation is practical and in the best interests of the public.
Ethical practices are also important. Building a community of supporters
who work with you to achieve your goals is dependent on transparency and accountability.
Even if your activities don't fall under PIPEDA or CCRA legislation, it is important
to have an organizational privacy policy to assure people that you are a responsible
organization, worthy of support.
**********
While this article reflects some elements that organizations should be aware of before launching campaigns, it should not be taken as legal counsel. Organizations should consult with qualified legal counsel if they have any concerns about the legal implications of their activities. The Association of Fundraising Professionals (AFP) and the Government of Canada's Privacy Commissioner are other sources of valuable information.
This article is licensed by Creative
Commons and is reprinted with permission.
