Social Media, Business & the Law

Transcription

1 Social Media, Business & the Law Protecting your company in the social media realm A Publication of Robert Meaton & Co. Solicitors

2 Introduction The rise of social media has been something of a double edged sword for many businesses. Although it provides an effective method of marketing products/services and interacting with customers, it can also cause many issues from a legal standpoint. These issues are caused because regardless of whether a brand is on social media or not, its customers are. This leaves companies open to potential damage through social media sites by the way of negative reviews, comparative advertising, hostile messages and online comments taken out of context. Issues can also arise from content posted by employees being defamatory, confidential or inaccurate. To ensure protection from the complications that can arise from social media, a business should be aware of the problems that can arise, and how to prevent/remedy them. 2

3 The Importance of Social Media Policies Regardless of whether or not a company is active on social media or not, it is wise to have a policy governing its usage in order to protect the business from staff activity online. To ensure effectiveness, a number of criteria should be covered in this policy, including a reference to the Malicious Communications Act This will allow you to protect the company from issues stemming from unacceptable social media usage. Other issues that should be addressed in your policy include: Usage in work time Using social media during working hours is a necessity for many companies in order to market the business effectively, but this can pose issues in itself such as employees using social media for personal use, or wasting time on social media platforms instead of working productively.. It is important that employees are made aware of which social media platforms are acceptable for use and at which times. If your business is not reliant on social media, it is possible for you to enforce a total ban during work hours. It is a good idea to remember that these days nearly everyone has a smartphone and can access social media platforms through it. This means that a total ban may not be possible, but you will be able to block certain social platforms from work computers. When drafting your social media policy you will need to include what will happen should an employee be found to be using social media platforms for personal use, for example, that they will be subject to disciplinary proceedings. Responses Due to the fact that nearly everyone is online, this means that your customers are also online, and should they receive a less than satisfactory service from your business, they may well decide to take to social media platforms in order to complain about it. Engagement with negative comments and reviews should be kept to a minimum In order to protect the business and it s online reputation. It is a good idea when training staff on social media to instruct them that should a negative comment or review end up online, they should try and bring the conversation offline as quickly as possible. People not only look at negative reviews of a company, but how a company responds to such criticisms. It is a good idea to have contingency plans in case of a social media crisis. This is required to protect the company brand and image. 3

4 The Importance of Social Media Policies cont. Personal accounts Content posted on an employee s personal social media accounts can also reflect badly on your company if they have their workplace listed. As an employer, it is up to you to decide if listing workplaces is allowed. Defamatory comments Employers could be liable for the actions of employees on social media. This can include things such as harassment, cyber bullying, malicious communication, defamation, contempt of court and discrimination. Your social media policy should make it clear that the above behaviour will not be tolerated and will be met with disciplinary action. Encourage responsibility To help outsiders discriminate between employee and company opinions, the use of disclaimers should be encouraged. A disclaimer can be something as simple as all opinions expressed are personal. Conversely, official company accounts should not be used for personal communications. Dealing with ex-employees Disgruntled ex-employees have been known to run campaigns such as negative s, setting up websites to bad mouth the company, and creating fake twitter handles. This may not necessarily be classed as harassment, it is a question of judgement, but it s a good idea to have protection from the Harassment Act in reserve in case of these situations. 4

5 Intellectual property and confidentiality Creative businesses often find they have concerns about others using their intellectual property online. This can include in actions such as re-blogging on sites such as Tumblr or reposting on Facebook, as this gives very little concern to the ownership of the intellectual property. Employees using material found on the internet can lead to a claim for intellectual property rights infringement. The business s confidential information being disclosed on social media platforms by employees can also be a serious concern. This can include confidential work, or disciplinary proceedings they are taking part in. All employees should be made aware of the consequences of posting sensitive information on social media platforms. Using social media during recruitment Employers are also beginning to use social media to vet potential employees. As an employer you need to be very careful with this and the information you use. If you undertake this activity as part of your own recruitment policy, a distinction should be drawn between social media used mainly for private and professional purposes. Checking on LinkedIn is checking professionally, but checking on personal accounts such as Facebook can be frowned upon. This rule also applies when using a recruitment company, as ultimately any consequences lie with the employer. The best question to ask when looking for information on a potential employee is Is this information strictly relevant to the role I am looking to fill? If not, it is advised that you do not base your decision on these findings. 5

6 Case studies Waterstones negative social media coverage All businesses should be aware of the consequences of comments being taken out of context, both on and offline. In a recent example of this, book retailer Waterstones placed a sign in the Science Fiction section saying No Girls Allowed. Someone took a photograph, uploaded it to Twitter with the #EverydaySexism and the image went viral. Twitter joke trial Paul Chambers was flying to visit his girlfriend in Northern Ireland from Doncaster s Robin Hood Airport, however on the day he was due to fly, the airport was closed due to fog. Mr Chambers tweeted to the airport that he was giving them a week to sort it out, and if you guys don t get your act together I m going to blow the place sky high. The message was not treated as a credible threat and it took airport security a week to find the tweet itself. The police took a further few days before they paid Mr. Chambers a visit. Eventually, Mr. Chambers was convicted due to the tweet being grossly offensive causing him to lose his job. Several appeals later and lots of pro bono legal advice led to the conviction being quashed, however this did not make up for him losing his job. A fact to remember about this case is that no one thought that the tweet was menacing, but Mr Chambers was still convicted. Ultimately everyone needs to be careful what they say on social media. 6

7 FAQ s Q: What is social media law? A: Social media law covers the legal implications of posting content on social media platforms. Q: My business only employs a handful of people, do I still need to implement a social media policy? A: Just one post can have severe legal implications for a business. This makes it important to implement a policy regardless of size or number of employees. media platforms. Q: What constitutes a defamatory statement? A: A defamatory statement is a false statement of fact that exposes a person to hatred, ridicule, or contempt, causes them to be shunned, or causes negative effects to their business or trade. Opinions cannot be considered defamatory. Q: Can anonymous posters still be prosecuted? A: Many online defamatory statements are posted through by people who remain anonymous. Although this makes tracking the perpetrator more difficult, it is still possible to identify them. 7

8 Contact Us If you would like to find out more about social media law and the effect it can have on your business, please get in touch and we will be happy to advise you. Telephone: Or pay us a visit: Bartle House 9 Oxford Court Bishopsgate Manchester M2 3WQ Office hours: 9.00am pm Monday - Friday Robert Meaton & Co. :: Specialists in business law, employment law, residential and commercial property transactions and personal injury claims Designed and produced by a member of pro.manchester Pickles Creative & Media Limited +44 (0)