Pubications > What is a Social Media Policy?

Social Media Policy (SMP) is a document, communicated to an organisations employees so as to be legally binding, setting out the way in which employees are to participate on Social Networking Sites (SNS) and the rules that the Organisation wants to apply.   The SMP attempts to validly regulate the activities of both Controlled Employees (employees that use SNS as part of their jobs) and Incidental Employees (who don't use SNS as part of their job) who participate in SNS during and after hours because their use of use of SNS:

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	might cause serious damage to the relationship between the employer and employee;
	may damage the employers interests; and
	may be incompatible with their duties to the employer.

 

What legal risks should a Social Media Policy address?

 

The legal risks for organisations in relation to social media can be classified (for simplicity) by the following nomenclature:

	Loss of confidential information;
	Trademark infringement and loss of brand reputation (reputation risk);
	Copyright infringement;
	Discrimination;
	Misleading and deceptive conduct;
	Passing off;
	Organisational reputation risk;
	Breach of continuous disclosure obligations for public companies;
	Defamation;
	Privacy;
	Vicarious liability;
	Negligent misstatement;
	Occupation and industry specific risks as they are embodied in organisation specific legislation and practice.

This classification system whilst reasonably comprehensive attempts to classify risks that cannot be compartmentalised, as they cross categories.  A Social Media Policy (as well as new clauses in various contracts) should address risks in all of these categories and be balanced against the benefits of participating on SNS as well as being enforceable against both Controlled and Incidental employees.

 

Is a Social Media Policy binding on employees?

 

If introduced correctly, a Social Media Policy can be contractually binding on an organisations employees, despite the fact that generally, an employer cannot regulate the after hours conduct of its employees.

 

 

 

Malcolm Burrows B.Bus.,MBA.,LL.B.,GDLP.,MQLS

 

"The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances".

 

Related Legal Practices

 

Rostron Carlyle also has the following related speciality Practices that can assist organisations :

 

Technology Law

Corporate Law Practice

Intellectual Property Practice

Defamation and Media Law Practice

 

 

 

 

 

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