Monday, March 25, 2013

To Ban or Not to Ban? Social media policies for today's businesses

Sarah Varani - LawyerWhether ?tis nobler in the mind to suffer the slings and arrows of social media or to take arms against a sea of troubles and by opposing end them?!

Businesses should be committed to making the best use of all available technology and innovation to improve the way they communicate, reach out and interact with each other and their customers. The growth of the use of social media by customers may result in a corresponding expectation that businesses should also embrace it as part of their own working practices.

It is advisable for businesses to have a policy in place to help staff make appropriate decisions about the use of social media such as blogs, wikis, social networking websites, podcasts, forums, message boards, or comments on web-articles, such as Twitter, Facebook, LinkedIn, YouTube, Flickr, Instagram and any other relevant social media websites that are currently in operation or that may operate at some point in the future. The policy should outline the standards staff are required to observe when using social media, the circumstances in which monitoring of the use of social media takes place and the action that will be taken in respect of any breaches of the policy.

This policy should supplement any other policies you may have such as, your Internet and Electronic Communications Policy, Equal Opportunities Policy, Harassment Policy, and Data Protection Policy as set out in your Employee Handbook.

The fast changing nature of information technology, particularly in relation to electronic communication incorporating aspects such as Social Media, means that these guidelines should be reviewed at least on an annual basis.

If you do decide to have a policy then you will also need to educate employees on the risks and ramifications of their actions in the social media arena. If you do not then this is almost as dangerous as having no policy at all.

Social media can offer many benefits: Commercial benefits arise from the ability to communicate products and materials via social media and use them as marketing and advertising tools. Social networking sites give businesses a fantastic opportunity to widen their circle of contacts and allow organizations to reach out to select groups or individuals targeting them personally. Building strong social networks can help a business to improve its reputation with little advertising. Businesses can use the sites to implement marketing campaigns, announce special offers, make important announcements and direct interested people to specific Web sites. The only cost to the business is the time and effort required to maintain the network and the official Web site.

Staff must be aware at all times that, while contributing to the company?s social media activities, they are representing the company. Staff who use social media as part of their job should use the same safeguards as they would with any other form of communication about the company in the public sphere.

In addition to the more general issues surrounding the personal and professional boundaries of social media activity, you should also bear in mind the following specific areas of risk.

? Defamation ? The law of defamation allows persons who consider that their reputation has been, or may be harmed by statements made by others, to sue for damages or to prevent the making of those statements. Defamation law can apply to any comments or opinions posted on social media sites.
? Confidentiality ? The use of social media exposes you to the risk that confidential information may be inadvertently (or otherwise) disclosed. Even the most prudent and well-meaning individuals can give away information they should not ? the same applies to what is put online via company-approved social networking platforms.
? Sensitive information ? People often post messages without thinking through what they?ve have written. A seemingly innocuous message such as ?I?m working this weekend because we?ve found a problem in our systems? may be a spur-of-the-moment comment but could raise concerns among customers who may use that system, especially if the company handles confidential or financial detail.
? Logging out ? You must always ensure that staff log out of social media sites, particularly if they share a machine with other colleagues. If they remain logged in their account can be viewed by another user, even if they turn off their machine or quit their browser.
? Control over information ? You should consider how information on social media channels is used and by whom. The speed at which information can be circulated, and the proliferation of that information, is something over which you will have little control.
? Information published on social media is not always easily removable, particularly when this information comes from a third party.
? Applications ? Many social media websites such as LinkedIn and Facebook provide ?Apps? that can be installed to allow interaction with your social data as well as other applications and external websites. Whilst the majority of these apps are thought to be harmless, a number of them are known to be malicious (or have been tampered with in such a way as to render them as such). Others may share data in a way that is outside the control of the user; therefore great care should be taken before staff consider installing them.

Some estimates report that misuse of the internet and social media by workers costs Britain?s economy billions of pounds every year and add that many employers are already grappling with issues like time theft, defamation, cyber bullying, freedom of speech and the invasion of privacy.

Staff should not post anything in social networks ? even ones where they presume the right of privacy ? which they would not say or send to a boss or colleague. If they have concerns about their employers? policies, then they are much more likely to bring about positive change and protect their job by communicating these issues within their organization rather than on Facebook or Twitter.

It is advisable for an employer to give employees every opportunity to vent in private and appropriate channels: Nothing a company does will prevent some employees from turning to social media to voice complaints, because social media sharing is second nature to too many people. Nevertheless, that should not prevent companies from trying to prevent as many social media problems as possible by providing multiple ways for employees to share feedback within the company.This includes passive solutions, such as offering intranet forums where employees may discuss concerns, and proactive solutions, such as organized employee gatherings and groups to collect feedback. The best solution is nothing new: strong, active, open and engaged leadership that listens to employees.

If you permit the incidental use of social media websites at work for personal use subject to the company?s Internet and electronic communications policy as set out in the Employee Handbook this should be a privilege and not a right. You should reserve the right to withdraw your permission at any time so it is neither abused nor overused. You should consider limiting the timing of the use of social networking sites to during their lunch break, and before and after office hours. Web filtering software gives administrators the ability to implement time-based access to these and other sites.

It may seem to some that social media has matured and become a way of life. That is far from true, social media will continue to challenge and change laws, regulations, business practices and the nature of the employee/employer relationship. Whilst it continues to evolve every employer and employee should understand that being ignorant of social media risks, best practices, and laws is no excuse for employees? making career-ending mistakes or employers? stumbling into costly legal and brand reputation errors.

Until the dust settles employers and employees alike are better off proceeding with caution. There are many landmines waiting for companies and workers in our new and evolving social era.

Need more advice on employee rights and obligations? Check-out our Employment Law Centre.

Source: http://blog.mylawyer.co.uk/ban-ban-social-media-policies-businesses-need/

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