In Tennessee, the Open Records Act specifies that public records include "all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency," encompassing social media records.
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(a)(1) As used in this part and title 8, chapter 4, part 6, “public record or records” or “state record or records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.
The Tennessee State Attorney General's Office provided an opinion on the application of the Tennessee Public Records Act to Municipal Social Media Accounts. According to the opinion, if government social media accounts are created by law or as part of official business, "that account and any comments posted on the account constitute public records subject to inspection under the Tennessee Public Records Act."
Application of Tennessee Public Records Act to Municipal Social Media Accounts
Question 1
Are the social media accounts created and maintained by a municipality a matter of public record?
Opinion 1
To the extent a municipal social media account is made “pursuant to law or ordinance or in connection with the transaction of official business,” that account and any comments posted on the account constitute public records subject to inspection under the Tennessee Public Records Act
The Tennessee Secretary of State's Office recognizes the relevance of the Tennessee Open Records Act to social media records in the state, as stated in their official social media policy. The policy affirms that "all posts may be considered to be a public record that is subject to disclosure under Tenn. Code Ann. §10-7-503."
The Department of State will not post comments that contain abusive, vulgar, offensive, threatening or harassing language, personal attacks of any kind, or offensive terms that target specific individuals or groups.
Gratuitous links to sites are viewed as spam and may result in the comment being removed. The content of all comments are released into the public domain. Do not submit anything you do not wish to broadcast to the general public. All posts may be considered to be a public record that is subject to disclosure under Tenn. Code Ann. §10-7-503.
The Town of Smyrna provides an excellent illustration of a thorough social media policy that specifically recognizes social media records in Tennessee as public record. The policy closely adheres to the directives established by the Tennessee Secretary of State and affirms that "[t]own social media sites are subject to the Tennessee Open Records Act."
10. Town social media sites are subject to the Tennessee Open Records Act. Any content maintained in a social media format that is related to Town business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. In addition, all Town social media sites shall comply with any and every other applicable Town policy, including the Computer Use Policy, Ethics Policy, and Records Retention Policy.
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