West Virginia Code 6B-2B-3 – Use of public official’s name or likeness on agency website or social media
(a) A public official’s name and likeness may appear on a public agency’s website and on the agency’s social media accounts or pages in any of the following circumstances:
Terms Used In West Virginia Code 6B-2B-3
- Educational materials: means publications, guides, calendars, handouts, pamphlets, reports, or booklets intended to provide information about the public official or governmental office. See West Virginia Code 6B-2B-1
- Likeness: means a photograph, drawing, or other depiction of an individual. See West Virginia Code 6B-2B-1
- Press release: means a written, audio, or video communication issued by an official or agency to the public or to members and organizations of the news media to report specific but brief information about an event, circumstance, or other happening. See West Virginia Code 6B-2B-1
- Public official: means any person who is elected or appointed to any state, county, or municipal office or position, including boards, agencies, departments, and commissions, or in any other regional or local governmental agency. See West Virginia Code 6B-2B-1
- Social media: means forms of electronic communication through which users create online communities to share information, ideas, personal messages, and other content. See West Virginia Code 6B-2B-1
(1) The public official’s name and likeness appears on the agency’s website or social media accounts or pages for the purpose of providing biographical information regarding the public official;
(2) The public official’s name and likeness appears in educational materials posted or otherwise shared on the agency’s website or social media accounts or pages, so long as the educational materials comply with the requirements of §6B-2B-2(d) of this code;
(3) The public official’s name and likeness appears in a press release posted or otherwise shared on the agency’s website or social media accounts or pages, so long as the press release complies with the requirements of §6B-2B-2(e) of this code; or
(4) The public official’s name and likeness appears on the agency’s website or social media accounts or pages for any other purpose that is reasonable, incidental, appropriate, and has a primary purpose to promote the agency’s mission and services rather than to promote the public official.
(b) The requirements of this section do not apply to a public official’s personal or non-public agency social media accounts.
(c) A public agency’s website or social media may not provide links or reference to a public official’s or public employee’s personal or campaign social media or website.