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Do companies need a formal
social media policy?
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Social media has started a revolution in the way in which organisations communicate with their stakeholders and has quickly evolved from an emerging form of communication into the mainstream.
Social media, including Twitter, blogging and networking on sites like LinkedIn etc can strengthen your ‘brand’ and bring massive benefits, but it can also create yet another employment law risk– and has the potential to seriously damage the reputation of your business too.
With this in mind, the question that many companies are now asking themselves is ‘Do I need to social media policy?’ Do the risks of social media outweigh the rewards? And if there should be policies on the use of social media, what should be covered?
Rob Tice, partner and head of employment law at leading Midlands law firm Flint Bishop, discusses the current social media phenomenon and what companies should consider from a legal perspective in developing a social media policy:
“Until recently, businesses were only really concerned about how social media impacted on their productivity – for instance how much time employees were spending on social media sites with no immediate benefit to the company's bottom-line.
Now however, with social media channels being used more and more in both business and personal life, companies need to take steps to make sure that their reputation is protected.
With its extensive reach and user base, social media has undeniably created significant opportunities for business. However, the risks of use and misuse of social media sites by employees has created a host of new challenges for employers.
With a few keystrokes, an employee now has the ability to release confidential business information, subject a colleague to harassment and create a public relations nightmare.
The increased use of social media in a business and social context gives rise to a multitude of legal issues, including copyright, privacy concerns, defamation, employment and regulatory compliance.
You only have to contemplate what might happen if someone says or does something that damages your reputation to realise that there are legitimate reasons for establishing guidelines for social media.
Organisations across all sectors should now be thinking seriously about developing their own social media policy, which outlines your legal rights as an employer and your options for dealing with staff abusing social media tools.
When you think about it, ‘social’ media or ‘new’ media is just another form of communications and companies should start thinking about social media in the same context as all other forms of communication.
Most organisations already have existing communications policies that spell out their expectations when employees use the phone or email. And since the conversation has now moved online, it is essential that organizations extend their existing communications policies to include to new communications platforms.
Employees should be made aware that company policies on anti-harassment, ethics and company loyalty extend to all forms of communication (including social media) both inside and outside the workplace.
You would expect to be disciplined for harassing your colleagues or superiors and should expect to suffer the same consequences if you do this on-line, regardless of whether you use a business or a personal platform to do so.
Any policy should also include things like the process for starting a company-authorized Twitter or blog, policies on who should vet content before it is published, how any comments will be handled, who will approve any topics that will be covered etc.
You should also consider a policy for speaking out of turn, beyond what is acceptable; underline how comments/opinions made on such sites can affect your business; state the possible repercussions and be consistent.
You may also want to consider initiating a formal policy of ‘non-disclosure’, which excludes the use of their name in social media by al ‘unapproved’ employees.
One thing is for sure - social media is here to stay and has a vital part to play in communications. Developing formal guidelines for its use and training staff to leverage the benefits will protect your business from social media abuse and ultimately create a positive social media presence, which will benefit everyone in the long run.”
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