The second generation of the World Wide Web, commonly referred to as Web 2.0, continues to expand and gives users more ability than ever to collaborate and interact in virtual communities. Even if you and your clients aren't actively involved in sites such as Facebook, Blogger, YouTube, LinkedIn, Twitter, Wikis, or Digg, it is likely that at least some of your employees are using them.
There are many business benefits to using Web 2.0 portals to connect with clients and suppliers, including lowering the cost of doing business, increasing revenues, making marketing more cost effective, and improving the speed and ease of access to information. That said, using social media isn't risk-free.
One way to manage risks associated with social media is to create a clear social media policy. A comprehensive policy that explains training, supervision, and employee responsibility is especially important if you require, ask, or encourage any employee to blog or use social media on behalf of your business.
You should also consider carrying a media liability insurance policy or a similar social media-specific coverage such as Magnetic and Optical Recording Media Insurance.
Regardless of whether you require or encourage employees to use social media on your behalf, you should still have a policy covering employee use of social media in their own time. The policy should address key areas so employees understand expectations and consequences.
If you don't have bargaining agreements or employment contracts that limit your options for termination, remind staff that employment is at-will, meaning you retain the option to end employment at any time for any non-discriminatory reason.
Make it clear that your social media policy runs concurrently with existing policies on internet usage, privacy, non-competition, nondisclosure, and ethics. For example, if your internet usage policy states that you can monitor sent and received messages on business communication systems, state that the same access applies when those systems are used for social media purposes.
Inform employees of the risks associated with online publishing, particularly the risk of disclosing confidential information. Give employees a specific contact, such as their supervisor, to consult if they have doubts about the confidentiality of a topic.
Your policy should clearly warn against displaying your business trademark or logo in a way that suggests the employee is representing the company. Employees should disclose their employment and state that their views are their own if they publish anything related to the business.
Employees should understand they can be liable for content they publish and can face consequences for copyright infringement, libel, or plagiarism. While some jurisdictions provide privacy protections for social media communications that occur outside the workplace, outline disciplinary actions for publishing content that is damaging or embarrassing to the business.
Remind employees to fact-check, make appropriate attributions, label opinion content clearly, and provide a safe means of contact before publishing. Anonymous publishing can make malice easier to prove in privacy and defamation cases, so include guidance on attribution and accountability.
Advise employees about the dangers of sharing personal information or clues that could allow online predators to access their personal data. Suggest that they review privacy settings on their social media accounts and be cautious about sharing sensitive details.
If your organization provides services in specific industries, consider industry-specific guidance and coverage. For example, businesses supporting vulnerable populations may need tailored protection; see Social Services Insurance for more information on that type of coverage.
Frequently Asked Questions
What should a social media policy include?
A social media policy should outline acceptable use, confidentiality rules, use of trademarks, monitoring practices, disciplinary actions, and a contact for questions about specific content.
Can an employer discipline an employee for personal social media posts?
Employers can discipline employees for posts that violate company policy or harm the business, but some legal protections may apply to off-duty speech depending on jurisdiction and context.
Does media liability insurance cover employee social media mistakes?
Media liability insurance may cover claims such as defamation or copyright infringement from published content, but coverage varies by policy and exclusions may apply.
How can employees protect their personal information online?
Employees should limit sharing of sensitive details, use strong privacy settings, and avoid posting information that could be used to impersonate or locate them.