Which Social Media Are OK for Disclosure?

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By Douglas A. McIntyre Published
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The Securities and Exchange Commission (SEC) released a confusing set of guidelines that say companies may disclose important announcements over social media, including Twitter and Facebook Inc. (NASDAQ: FB). The public corporations have to say in advance which social media they will use, which raises the issue of who tracks those social media, how and when. It also makes it difficult to determine which social media reasonably fit the new rule.

The basic tenets of the rule were issued in a press release by the SEC. Could the announcement have been placed on Facebook as an adequate way for the government to distribute its decision? Apparently, the SEC would have had to tell investors who want to track its decisions which social media it will use. The core of the pronouncement is this:

The Securities and Exchange Commission today issued a report that makes clear that companies can use social media outlets like Facebook and Twitter to announce key information in compliance with Regulation Fair Disclosure (Regulation FD) so long as investors have been alerted about which social media will be used to disseminate such information.

Facebook and Twitter are mentioned, but MySpace, LinkedIn Corp. (NYSE: LNKD) and Google Inc.’s (NASDAQ: GOOG) Google+ are not. LinkedIn prizes itself on reaching business people and professionals. Maybe, with well more than 200 million members, it is not large enough. Google would argue that Google+ has been a raging success, but some critics say it is not used much because of the dominance of Facebook. However, Google+ has 400 million members. However, the search company says only one hundred million are active each month. How many monthly active users do Facebook and Twitter have? Who knows for certain?

The SEC has not really solved the issue of how social media can be used for important public corporation announcements. It has set very, very wide guidelines. Maybe these will work for large investment firms that can track countless messages on social networks, once companies say which ones they will use. As for everyone else, who knows?

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About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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