Twitter celebrated its seventh birthday on 21 March and, with an
estimated 1.2 billion Twitter accounts now registered, 200 million
active users and 400 million tweets sent each day, it is more important
than ever that businesses have stringent social media policies in place.
With the majority of businesses using social media regularly as a
tool for self-promotion, interaction with clients and even recruitment,
it is easy to forget that potentially millions could read the message
you are composing.
The law of defamation concerns the publishing of statements that harm
the reputation or character of someone resulting from the false
statements or actions of another, and it is crucial to remember that the
law treats the online world much as it does the real world.
In other words, every tweet is potentially a fresh publication for
defamation purposes, and anyone who tweets a defamatory statement could
be held liable for damages. Businesses must be aware because every tweet
sent from a work-linked account could attract vicarious liability.
Unfortunately, it does not stop there and even comments on personal
accounts might bring a business into disrepute if they can be linked
back, which also demonstrates how vital it is for employers to have
clear policies and training in place to deal with social media activity.
The misuse of social media has also led to numerous publicised
dismissals. A report obtained through the Freedom of Information Act
found that 11 civil servants at the Department for Work and Pensions
(DWP) have been sacked for misusing Facebook or Twitter since January
2009, while a further 105 employees have faced disciplinary action.
A social media policy should ideally include detailed information on
what staff should and shouldn’t say and do on social media, privacy
settings that need to be enacted, how to react to requests for
references and what to do if an adverse comment is published.
Because of the nature of social media, it is very difficult to
abolish the use of it altogether and this may well be counterproductive
anyhow because it offers an abundance of benefits.
However, it has to be used correctly and appropriately if these
benefits are to be seen. Therefore, when employees are encouraged to use
social media as part of their job, employers are advised to have a
‘best practice’ guide available. Appointing a ‘social media’ officer or
champion as a point of contact for those in doubt is also highly
advised.
Crucially, once a social media policy is drawn up it is important
that it is not simply locked away in the store cupboard and out of
employees’ sight. It must be easily accessible and well publicised to
ensure that all staff members are fully aware of their responsibilities
when it comes to using social media.
Even if your resources are limited and social media isn’t a primary
tool for your business, the costs of not being in control of it within
your company are too big to be ignored.
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