The second generation of the World Wide Web, commonly referred to as Web 2.0, is ever expanding 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 and social bookmarking services, it's highly likely that at least some of your employees are using them.
There are many business benefits to using social media portals to link your company with clients and suppliers, including lowering the cost to do business, increasing revenues, making marketing more cost effective, and faster access to information.
For perspective on how social media affects business communication and risk, see Social Media Revolution.
That said, using social media isn't risk-free.
One way you can manage the risks associated with social media is by creating a social media policy. A comprehensive policy with specifics on 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. For more on how social media can affect risk management, see The Impact of Social Media on Risk Management.
Regardless of whether you require, ask, or encourage employees to use social media on your behalf, you should still have a policy pertaining to what employees do on their own time. The following are some key areas that should be covered:
Policy essentials
- If you don't have collective bargaining agreements or employment contracts that limit termination options, remind staff that employment may be at-will, meaning the employer can end employment at any time for any non-discriminatory reason.
- Make clear that your existing policies on internet usage, privacy, non-competition, nondisclosure, and ethics apply to social media. For example, if your internet usage policy allows monitoring of business communication systems, state that the same access applies when those systems are used for social media purposes.
- Inform employees of the risks of online publishing, particularly the risk of disclosing confidential information, and give a specific contact—such as a supervisor—to consult when in doubt about confidentiality.
- Warn against displaying the company's trademark or logo, since that may give the false impression the employee is speaking for the business. Require employees who post about the company to disclose their employment and state that views are their own.
- Remind employees they can be liable for content they publish and may be sued for copyright infringement, libel, or plagiarism. Outline disciplinary actions for publishing content that damages or embarrasses the business, while recognizing that some social media communications outside the workplace have privacy protections under law.
- Encourage fact-checking, proper attribution, clear labeling of opinion, and providing a safe contact method before publishing. Note that anonymous posting can make malice easier to prove in privacy and defamation cases.
- Advise employees on the dangers of sharing personal information that could enable identity theft, and suggest they review privacy settings on social media accounts.
If you need help developing a policy or reviewing coverage options, talk to an agent.
Frequently Asked Questions
Do I need a social media policy if employees use social sites only on personal time?
Yes. A policy helps protect confidential information and sets expectations for conduct that could reflect on your business even when activity occurs off the clock.
Can employees be disciplined for social media posts made outside work hours?
Employers may discipline employees for off-duty posts that violate company policies or harm the business, but applicable privacy and labor laws can affect enforcement.
What types of insurance can help cover social media risks?
Media liability or broader professional liability policies can provide coverage for defamation, copyright infringement, and related exposures tied to online publishing.