Worried your business’ Social Media Policy isn’t up to scratch? Or even worse haven’t written one yet? Help is at hand.
Whether you’re yet to dabble in Social Media or blogging the tweet out of your business one thing is likely – your employees are probably already using social networking sites. Add to the To Do List: Get a policy in place.
A Social Media Policy isn’t just about controlling employee usage of the web it’s also about protecting them from themselves.
Mark Fellows is a Senior Solicitor in the Employment Department at Sherrards Solicitors LLP and created this 10 point checklist for us. [Thanks Mark]
1 Policy Objective
At the outset, the company should set out the purpose and objectives of the policy. It might be for instance that the policy statement outlines the need to protect the company’s reputation, ensure legal compliance and to protect against unauthorised disclosure of confidential information.
2 Policy Coverage
It is good practice to stipulate who is covered by the policy so there can be no confusion as to who is required to comply with it.
3 Scope of the Policy
A company should ideally confirm what form of social media is specifically covered by the policy. It is not going to be possible to provide an exhaustive list given the increasing emergence of new forms of social media, but certainly the main forms should be mentioned i.e. Facebook, LinkedIn, Twitter etc.
4 What is Permitted
The policy should clarify whether the company will allow employees to access social media using the company’s IT and communication systems. If it does, then much of the remainder of the policy will provide the rules in relation to that usage (see below). Even if access is not permitted using company systems, it may still be necessary to put in place written rules regarding access to social media using personal equipment (e.g. iphone) whether during or outside of work.
5 Ground rules
It will be necessary to clarify what is and what isn’t acceptable. It might be for instance that the company permits access to social media during working hours (using company systems) but might want to impose a requirement that such usage should not be unduly excessive and should not interfere with the completion of day to day duties. Furthermore, it is at this part of the policy that the employer will need to set out the rules in relation to the manner in which the social media websites are used. For example, the fact that postings should not contain defamatory, discriminatory or offensive remarks or comments that could bring the company into disrepute.
6 Monitoring
If the company is proposing to monitor usage (where employees are permitted to use company systems to access social media) then the policy should set out the right of the company to monitor, intercept and review activity on their IT and communication systems. The company would have to ensure compliance with the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and also the Human Rights Act 1998 in relation to monitoring.
7 Business use of Social Media
If the Company is going to actively encourage use of social media for the purposes of marketing the business or recruitment, then additional rules may need to be included within the policy regarding such activity. For instance, the employee may well be posting content onto social media websites as a representative of the company and it is important that they do not post content which will bring the company into disrepute or may give rise to legal liability. A good example of this is where a recruitment consultant posts something derogatory on LinkedIn about a competing recruitment agency.
8 The consequences of infringement of the policy
It is vitally important that the policy sets out the likely consequences for breaching the policy, such that if disciplinary action is appropriate, the employee cannot contend that they were unaware of the potential action that the company might take. The policy will mention the possibility sanctions that could be applied, including dismissal.
9 Other Policies
The Social Media Policy is likely to refer to matters that might be dealt with in other employment polices that the company has in place. For example, if the policy refers to the fact that discriminatory remarks should not be posted on social media websites using the company’s systems, the policy might also refer to the Equal Opportunities Policy for further information.
10 Enquiries
It is often useful to include a section in the policy that provides the employee with details of the person they can contact if they have any queries on the policy. This could be Line Management and / or HR.
Nothing in this article constitutes legal advice or gives rise to any solicitor client relationship. If you have any specific legal issues related to anything raised then you should take specialist legal advice. Whilst every effort is made to ensure the accuracy of any article, no warranty is given, express or implied, as to any of the content of the article. All copyright is vested in Sherrards unless expressly stated otherwise.
Tempero on Google+
This is really useful, thanks. Though I note that there is no mention of profile disclaimers such as “these are my own views” or “tweeting in a personal capacity”. Although I’m still not sure how much weight these hold in reality, I see more and more users including them, presumably because they have been told to do so or they think it’s the right thing to do. Do you or the lawyers have anything to add on this?
Coral
Firstly, I would just add that the above list is not exhaustive, so the omission of disclaimers is not to be interpreted as them not having any value (does that sound like a disclaimer!!!). However, in the context of the above, it might be that they have limited value. I am thinking of the scenario when an employee is posting all sorts of inappropriate remarks. Although a disclaimer would reinforce that these are the views of the writer and not the employer, it could still nevertheless damage the company’s reputation and bring it into disrepute. As an employer, you would then want to take disciplinary action. Mark