"And fourth, the release addresses antifraud issues that may arise when issuers, their officers, and employees speak on company-sponsored blogs or electronic shareholder forums. In particular, it provides guidance for companies hosting or participating in blogs or electronic shareholder forums about the applicability of the antifraud provisions to statements made by the company or by a person acting on behalf of the company. It also highlights the restrictions on a company’s ability to require investors to waive protections under the federal securities laws as a condition to entering or participating in a blog or forum.
The release also provides guidance about the extent to which “disclosure controls and procedures” apply to statements on company web sites and helps to clarify the boundaries of disclosure controls and procedures, since companies must disclose whether their disclosure controls and procedures are effective.
Finally, the release acknowledges that the nature of online information is increasingly interactive, and not static. The release, therefore, makes clear that information appearing on company web sites does not need to satisfy a printer-friendly standard or be in a format comparable to paper-based information, unless the Commission’s rules explicitly require it."
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