JCOPE to Hold Roundtable on Lobbying and Social Media

The Joint Commission on Public Ethics (JCOPE), the state’s lobbying regulator, is planning to hold a roundtable discussion on lobbying and social media in Manhattan this coming Friday, Feb. 12.

Space is limited, and seating “is reserved for members of the regulated community.” Those interested in attending should send an e-mail to [email protected], and include “Roundtable” in the subject line.

JCOPE has previously issued a request for informal comments on potential guidance regarding the applicability of the Lobbying Act to social media activity.

Among the questions that JCOPE is considering are the following:

• When does social media activity constitute direct lobbying?
  • Must a communication be made directly to a public official (e.g., posting on a public official’s social media page or tweeting at a public official) to be considered direct lobbying?

• When does social media constitute grassroots lobbying?
• Can a statement by one person ever be attributed to another? For example, are statements made by an organization’s members on their personal social media pages attributable to that organization?
  • When lobbying statements are re-posted, retweeted, or otherwise amplified, when are the statements (and associated costs) attributable to the original author, as opposed to the subsequent “reposting entity”?

• Is an online post or tweet that provides a hyperlink to a lobbying website reportable activity?
• What are the expenditures made in connection with social media activity that could be considered “expenses” under the Lobbying Act?