http://www.rostroncarlyle.com/social-media-law.htmlRostron Carlyle Legal Publicationsen-auCopyright Rostron Carlyle Solicitors The recent case of Catherine Deveny, Columnist for the Age, who was allegedly terminated for what could be described as her 'unsavory tweets' about attendees at the Logies has highlighted that employees can in certain circumstances be terminated for their afterhours conduct on social networks.http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/terminating-employess-for-their-conduct-on-social-networking-sites.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/terminating-employess-for-their-conduct-on-social-networking-sites.html Social networking clauses should be considered for inclusion in a wide range of commercial agreements. The questions are which agreements warrant such a clause and why should they be included? http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/what-agreements-should-include-social-networking-clauses.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/what-agreements-should-include-social-networking-clauses.html It seems commonplace for hiring managers to "google" shortlisted applicants and end up viewing various social media websites in search of information to confirm their opinion of an applicant. The question is whether this is legal in Australia?http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/reference-checking-candidates-on-social-media-websites.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/reference-checking-candidates-on-social-media-websites.html Have you been defamed by a user on Facebook? Have you clicked the 'remove' tab to no effect? Do you just want the material removed? Complete our assessment form below and we will advise whether or not Facebook may respond to a take down request.http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/taking-down-defamatory-material-from-facebook.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/taking-down-defamatory-material-from-facebook.html Using information from social networking websites in litigation is expected to rise, with current generations publishing more and more about themselves online. With the enormous surge in popularity of social media websites such as Facebook, employers are nervously watching how the use of these websites will impact their workplace relations.http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/can-your-social-media-profile-be-used-in-evidence.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/can-your-social-media-profile-be-used-in-evidence.html The Fair Work Act 2009 (Cth) (Act) expands employee protection against breach of ‘workplace rights’ and discrimination. The ‘adverse action’ provisions under the Act will compel employers to be more cautious when making decisions that affect employees, which may include interactions on social networking sites such as Facebook and Twitter. http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/adverse-action-claims-managers-warned-to-consider-who-they-befriend-online.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/adverse-action-claims-managers-warned-to-consider-who-they-befriend-online.html In what appears to have been a world-first decision, an Australian court allowed service of court documents via a social networking website where personal service was impractical and the court was satisfied that service by Facebook will bring the document to the relevant party’s attention. http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/can-you-be-served-a-legal-document-via-your-social-media-profile.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/can-you-be-served-a-legal-document-via-your-social-media-profile.html 2009 saw a gradual evolution of the law in relation to social networking in all jurisdictions. It's possible in certain circumstances, for website owners to have a duty of care to their users, individuals can now be served via their Facebook profile if they can't be located, and in the US, there is a continued debate over online privacy. In Australia, individuals profile page can be used in evidence there has also been comment about organisations wanting to own their employees "Tweets". The point of this is that the legal risks for organisations participating in social networking are evolving at the same pace as the technology is.http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/submarines-online-legal-risks-of-social-networking-for-organisations.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/submarines-online-legal-risks-of-social-networking-for-organisations.html