Staff use of social media policy â legal dimension

I am a member of your staff. But… I probably have a Facebook account, or an account on some other social network. I might also be a blogger; perhaps even someone who uses Twitter or one of many online products, apps or services that help me publish my opinions, organise my life, and store memories, review products, or network. I probably have a company phone or laptop that I use regularly to do so, even if only in off-hours.

An interesting starting point is to understand, and clearly state to your staff that what is illegal offline is, in almost all cases, also illegal online. While we won’t be able to cover all of these topics in a single paper, your social media policy should consider defamation, libel, discrimination, obscenity, harassment, data protection, trade descriptions, IP rights, brand reputation and confidentiality of sensitive business information, as related to today’s social media behaviour.

Common problems with staff use of social media

Staff member does not make it clear that this is a personal opinion as opposed to a company policy

Staff member shares private information in the public domain

Staff member publishes messages that are discriminatory

Staff member insults or speaks poorly of a competitor

Staff member presents him- or herself in an embarrassing way, or in a manner that would be considered offensive

Staff member posts personal details (text, image or video) of a fellow worker or organisation’s facility without permission

Staff member promotes, shares or discusses a product, or content related to their responsibilities or the function of the business, without sign-off.

Developing a social media policy
Does every organisation already have a social media policy? An employee services firm, Manpower, conducted a study in early 2010 whose results showed that only 11% of companies in EMEA had a policy, compared with 29% in the US3. Although not surprising, the DMA (UK) would like to encourage all of its members to consider the risk of not having such a policy.

Key elements of a social media policy

1. Define social media. Again, there is no reason to name more than a few example sites for each category (e.g. video, pictures, written text, ratings, etc.), but it is only fair to try to explain to your employees what the focus of your policy is about. Consider a definition that also specifically references the creation, distribution or amplification of content.

2. Be specific in terms of who owns and is responsible for social media content relating to the organisation. Also, be specific about who owns the content created in the case of a departure or change in structure or ownership of the organisation. For example, provide that any contacts or opportunities gained through social media marketing during the course of working belong to the company.

3. Be specific about whose responsibility it is to handle customer complaints or service, present information to a public audience, conduct research and a variety of other ways in which social media may be leveraged within the organisation. Establishing such direction will limit the assumption that there is no corporate responsibility.

4. Make it clear that the sharing of organisational information without the express permission of the business is not welcome. It is important to reinforce the notion that it is unacceptable to share, transmit or otherwise make external any content relating to the business, even within a password-protected or otherwise “secure” site. Although a site may clearly appear secure, the informal nature of the administration of external sites may present unnecessary risk to the organisation.

5. Present an option within the policy for staff members to be trained and certified in the appropriate use of social media. Use may include, but is not limited to, customer service, marketing, PR or other core functions of the business.

6. Include a section on employee engagement in addition to outlining who is responsible.

Emerging platforms for online collaboration are fundamentally changing the way we work, offering new ways to engage with customers, colleagues and the world at large. It’s a new model for interaction, and we believe social computing can help you to build stronger, more successful business relationships. And it’s a way for you to take part in global conversations related to the work we are doing at Intel and the things we care about.

• If you participate in social media, please follow these guiding principles:
• Stick to your area of expertise and provide unique, individual perspectives on what’s going on at Intel and in the world
  
  Post meaningful, respectful comments—in other words, no spam and no remarks that are off-topic or offensive
• Always pause and think before posting. That said, reply to comments in a timely manner, when a response is appropriate
• Respect proprietary information and content, and confidentiality. When disagreeing with others’ opinions, keep it appropriate and polite
• Know and follow the Intel Code of Conduct and the Intel Privacy Policy

7. Define common sense. While most people will respect normal boundaries of acceptable behaviour, it is important to clearly identify certain issues that will be considered inappropriate. A staff member should stay clear of current or rumoured legal involvement of the business, libellous or offensive content, confidential information, adult content, mention of any illegal substance use, or anything else of relevance to the business in their social media activity.

8. Make sure that you clarify that professional and personal social media pages should be kept separate. However, any policy applies to both professional and personal use of social media used during your work.

9. Staff members should clearly identify when the opinion is of a personal nature; i.e. although I work for the DMA (UK), these views are my own.

10. Staff members must get express permission to use any trademarks or logos belonging to the organisation prior to posting.

11. Staff members agree to follow all copyright, privacy and other applicable laws.

social_media_policy_3_-_whitepaper.pdf