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Social Media & the Law Update 09-18-13: Upcoming PNM Class, FB ‘Like’ Constitutionally Protected

FB 'Like' Constitutionally Protected

LEGAL DISCLAIMER: The following information is provided to be just general information, and therefore, should not be taken as specific legal advice that pertains to any particular situation.  The reader should not base any decisions on the information here to act or refrain from acting regarding a legal problem.  If you believe you have a legal problem please seek legal advice from a licensed attorney in the relevant jurisdiction.
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Exciting news everyone!  My Pacific New Media (PNM) class on Social Media and the Law is next week!  So there is still plenty of time to sign-up.  Here is the general info:

Sep 25, 2013 • Wed • 7:00-9:00pm • 1 mtg • UHM Krauss 012 • $50 (SMCHI $45)

What will I be covering?  Well, as it is a general survey class, I will touching upon areas where the law has inserted itself in the social media sphere, such as today’s more exciting news.

4th Circuit Court of Appeals Rules the “Liking” on Facebook is Constitutionally Protected

For instance, like how a Facebook ‘Like” is protected by the 1st Amendment of the U.S. Constitution (i.e. it is a freedom of speech).  Today, the 4th Circuit Court of Appeals issued a ruling in favor of a former deputy sheriff who had been fired from his job due to “liking” the Facebook page of the man running in opposition to his boss.  Basically, the court felt that by “Liking” a campaign page, it was the “Internet equivalent of displaying a political sign in one’s front yard, which the Supreme Court has held is substantive speech.”  Further, the court, in its unanimous ruling, as to this Facebook issue, stated that, “On the most basic level, clicking on the ‘like’ button literally causes to be published the statement that the User ‘likes’ something, which is itself a substantive statement[.]”

To read the complete ruling, check it out here.

Other Topics at my Class

As stated in my post on Trademark Usage, I attended the ABA’s Annual Conference, so I sat in on a seminar on “Social Media Terms of Use: Case Law Round Up”.  Many of the issues discussed at that seminar are ones I will be focusing on for my PNM class, such as various social media platforms’ terms of use, policies, etc . . . . I have a Slideshare that covers basics on the differences between Policies and Contracts.   What many users fail to realize that Terms of Use are generally binding and enforceable contracts, but that a Privacy Policy tends to be just a company’s call toward a prescribed action.  This is something that social media marketers, consultants, small business owners, and those who use social media as one of their primary marketing tools should consider.  Finally, if you are a responsible decision maker for your organization/business, you really consider having internal dialogue on handling social media in general (whether it be employees, PR, marketing, etc . . .).

Anyway, that is just a sliver of one of the many topics to be covered in my class.  So if you are interested in signing up click here.

Mahalo!

-RKH

Social Media and the Law: Legislative and NLRB Updates

The following information was presented by me to the Social Media Club of Hawaii’s Social Media “Boot Camp” for Hawaii Recruiting, Staffing and Hawaii Human Resources Professionals on Friday, February 22, 2013.  You can find a downloadable pdf version on the “Resources” page of my website. Here was what was discussed:
Legislative Updates

Summary: Generally, speaking states are moving to prohibit employers from asking for usernames, passwords, and access to an employee’s or potential employee’s personal social networking account.  The argument goes that they need access to the personal accounts as a way to protect proprietary information, trade secrets, to comply with federal or trade association regulations, or to prevent an employer of being exposed to legal liability (due diligence).  The countervailing argument is that the personal account has nothing to do with one’s application to a job or doing the job, and is an invasion of privacy.  Thus far, it seems privacy advocates are carrying the day as four states last year, Illinois, Maryland, Michigan, and the latest California have adopted laws that prevent employers from accessing personal social media accounts of employees or potential employees. Hawaii’s 2013 legislative session has two bills fashioned after California’s.

Federal: Representative Eliot Engel of New York has recently introduced H.R. 537, the ‘Social Networking Online Protection Act’ (SNOPA).  The bill if enacted would prohibit employers from requiring/requesting that the employee or applicant provide the employer their user name, password, or other means for accessing the employee/applicant’s private email account on any social networking website; OR discharge, discipline, discriminate in employment or promotion, or take adverse action against them for refusing/declining to provide a user name, password, or access OR if the employee/applicant files a complaint under the Act (basically asserting their right to sue to protect themselves).  Finally, it gives the US Secretary of Labor to assess a civil penalty of up to $10,000 for violations and stopping the violating actions. Further, US district courts can give relief to the affected person through employment, reinstatement, promotion, and the payment of lost wages and benefits.

State: During this 2013 Hawaii Legislative session, two bills, HB713 and SB207, work for the most part, very similar to the Federal law, and the language is based mostly on California’s recently adopted law.  I will focus on HB713 as I have worked with this bill in particular.  The current incarnation of HB713, is an HD2 that was passed out of the House Judiciary Committee, yesterday (2/21) and basically uses broad language to prohibit an employer from asking an employee or potential employee their user name, password, or trying to get access to their personal social networking account.  Currently, the HD2 would have the Hawaii Civil Rights Commission investigate a claim, and would operate similarly to any other investigation that the Commission already does for other issues under its authority. Prior variations had DLIR handle the investigation.

Bottom line:  This issue is not going away, and it is clear that as time goes on it is more likely than not employers will be denied access to personal social media accounts.  However, this still does not prevent workplace investigations and other necessary steps when there may be a violation, and the social media account is involved. For example, situations where there is workers’ compensation fraud or the wrongful transmission of trade secrets.  The best situation for employers is still likely that workers use their personal devices and personal time to do their personal social networking, and not on company time, company devices, and company email accounts. As always check with attorney or HR specialist on policies and procedures.

 

NLRB Rulings

Summary:  The National Labor Relations Board (NLRB) continues to apply the National Labor Relations Act (NLRA) to situations where the employer has taken adverse actions against employees due to postings on social media sites.  Further, it has frowned on overly broad social media policies by companies trying to regulate employees’ social media behaviors. However, a recent DC Court ruling has stated that President Obama’s recess appointments to the NLRB were invalid. However, this should not be taken as a sign that employers can ignore the recent rulings on social media policies and firings.

In Hispanics United Buffalo, the NLRB held that the termination of five employees due to their Facebook posts, where the company claimed harassment by the five on another employee, violated the NLRA. The posts and comments were deemed as a discussion of job performance, and dealt with the preparation of co-workers to defend against allegations of poor work.  The comments were prompted when one threatened to complain to the boss that others were not working hard enough, which in turn prompted these comments: “My fellow co-workers, how do you feel?” “Try doing my job. I have five programs,” “What the hell, we don’t have a life as is,” as well as other expletive-laden responses. The NLRB ruled this was “concerted activity” for “mutual aid.”

However, in The Arizona Star Daily situation, a reporter that had posted Twitter comments stating that “What?!?!?! No overnight homicide. … You’re slacking, Tucson.” Another began, “You stay homicidal, Tucson.” was not protected as those comments were offensive, and not concerted activity, nor about working conditions.  Similarly, an Illinois bartender fired for posting on his Facebook that he was unhappy about not receiving a raise in five years and calling customers “rednecks” and that he hoped they chocked on glass as they drove home also did not meet protective-worthy status.

NLRB on Social Media Policies: Wal-Mart’s social media policy, after working with the NLRB, received praise, where it prohibits “inappropriate postings that may include discriminatory remarks, harassment and threats of violence or similar inappropriate or unlawful conduct.”  Contrast that with the finding that General Motor’s policy was unlawful for instructing that, “offensive, demeaning, abusive or inappropriate remarks are as out of place online as they are offline.”  The NLRB felt it proscribed a broad spectrum of communications that would included protected criticisms of the employer’s labor policies or treatment of employees. Similarly, Costco struck out on an overly broad blanket prohibition against employees’ posting things that “damage the company” or “any person’s reputation.”

While, it is hard to draw any clear distinctions, it does seem clear that employers should adopt social media policies that are specific rather than impose across-the-board prohibitions; the NLRB seems to take into account chilling effects on speech in concert by workers through social media platforms, especially where working conditions are touched upon. However, a worker’s general gripes and disparaging comments about customers or groups of people will less likely be protected under the NLRA.

 

Overall Reminders:  Recent court cases have indicated that a series of emails can be taken together as a contract.  Therefore, when engaging in employment activities, such as using LinkedIn, recruiters or HR persons should be careful not to make a written offer.

Also social networking is becoming a part of people’s everyday Internet interaction. By now it is clear that information is permanent when published on the web, as many people  can screen capture, take a picture with their mobile device, etc . . . so companies should take great care when using social media as delivery system for information.

While this is a concern for marketing and PR, HR should remember it has the responsibility of dealing with the pieces of terminating, disciplining, and investigating the marketer or executive who creates the firestorm on social media.  Therefore, all decision-makers in a company need to understand social media policy.

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LEGAL DISCLAIMER: The information provided here is meant to be general information, and should not be taken as specific legal advice that pertains to any particular situation.  The reader should not base any decisions on the information here to act or refrain from acting regarding a legal problem.  If you believe you have a legal problem please seek legal advice from a licensed attorney in the relevant jurisdiction.

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Social Media and the Law Events


Hey everyone,

Lots to talk about and tell you about today on this great Presidents’ Day so let’s get to it:

Hawaii Innovation Alliance, Peter Kay, and ThinkTech Radio

This is a little late notice, but I will be joining Peter Kay (of Your Computer Minute fame) on ThinkTech Radio this afternoon from 4-5 p.m. We will be discussing the emergence of the Hawaii Innovation Alliance, an association of tech industry folks interested in becoming more involved with the legislative process with regard to tech laws.

ThinkTech is on from 4-5 p.m. (M-F) on station 760 KGU AM.

Social Media Club Hawaii: Creating a Social Media Policy Event

If you remember my prior posts on Social Media Policy and want to know more join me, and fellow panelists experts at Social Media Club Hawaii’s event tomorrow night discussing how to Create a Social Media Policy.  It is free and being hosted at the Amuse Wine Bar in the Honolulu Design Center. It starts at 6pm and runs to 730pm. For more information on the panelists and the event click here.

Social Media and the Law at The Greenhouse Innovation Hub

Finally, if you miss out on tomorrow night, I will be having a more in-depth discussion of the legal pitfalls that small business owners and startups should worry about when it comes to social media at The Greenhouse Innovation Hub on March 7th. There are pre-sale tickets for $20.00 and the purchase price includes materials and handouts for that evening. For more information click here.

Hope you can check one of these things out. See you IRL or in cyberspace!

-RKH

Draw the Law – Payment Issues, Part II: – Extending Credit and Interest Rate

So it’s holiday time, and we have survived Black Friday and Cyber Monday, but we still want to generate more sales. Even though cash is king, you still want as any customers buying your stuff, so you accept checks and credit cards.

Direct Credit Extension to Consumers

However, what about those big-ticket items? Do you limit your market size by saying cash only ? Or do you try and expand by offering direct credit to customers? While, this does increase sales, and the financing charges can actually be a source of health income this is not a process you do overnight and it is not without consequence.

Consider Some of the Following Issues:

  1. regulations (cap on interest rate, Truth in Lending Act, Equal Credit Opportunity Act);
  2. time and costs for developing a credit policy and the review process of your questionnaires and forms you plan to use on customers;
  3. length of time to collect, which means need for great reserve funds to cover the goods and services sold on credit;
  4. you will have to consider debt collection when customers can’t pay;
  5. and finally, related to the prior point, some of the bad debt will never be collected and be written off.

That being said the major benefit is we do a lot of transactions nowadays on line of credit, so it makes sense for a growing business to offer alternate payment methods to tap new markets. So for the average customer it looks like this:

  1. they go to your store;
  2. they see something in your store they cannot pay for in total right now;
  3. your salesperson understands this and says we have a direct credit plan;
  4. customer is interested;
  5. salesperson gives them the credit application;
  6. internally or externally you run a credit check based on the information given; and
  7. you decided, based on results, whether to extend credit or not.

However, even before that all happens, you the business owner engage in a calculated risk to figure out if this is worthwhile to even offer credit and at what interest rate?

Interest Rate Caps and Federal Laws

So most states regulate the interest rate a business can charge for credit for consumers. However, in many states, the B2B interest rate is unregulated for the granting of credit. Basically, it is up to your negotiating skills when it comes to extending credit to your business customer. The interest rate is generally capped in most states in consumer credit situations in an effort to protect consumers from high interest fees. So it is best to consult with an attorney about local rules. Once you consider the state laws, you will then have to comply with federal law, the two being: (1) Truth in Lending Act (TILA), which is aimed at helping consumers find the best rate and credit provisions; and (2) the Equal Credit Opportunity Act (ECOA), which has the goal of preventing discrimination in credit extensions.

Next week I’ll talk about setting up the credit policy and application, and then cover the federal law TILA.

The following week, I will discuss ECOA and as a Christmas bonus, I will also do a brief rundown on you business owners that max your own personal credit cards to run your business and where you stand in the land of credit.

If you enjoyed this post or any of my others please “Subscribe” to this blawg.

*Disclaimer:  This post discusses general legal issues, but does not constitute legal advice in any respect.  No reader should act or refrain from acting based on information contained herein without seeking the advice of counsel in the relevant jurisdiction.  Ryan K. Hew, Attorney At Law, LLLC expressly disclaims all liability in respect to any actions taken or not taken based on the contents of this post.

Social Media and E-Discovery – What it Means for your Business’s Document Retention Policy

Business Owners: Document Management and Retention Policy

It is clear from the prior posts that lawyers are aware that there is a lot of evidence to be discovered from social media.  However, what does this mean the operations of a business?  In terms of the bottom line discovery will only complicate your day-to-day operations as you search for some blog post you put up two years ago.  Your social media should be added to the document management and retention policy, but it should be done efficiently as to minimize any future compliance or litigation action.

Consider this, that in 2010 FINRA issued guidance for blogs and social networking sites, and set forth the record keeping responsibilities in the financial broker-dealer business.

Every firm that intends to communicate, or permit its associated persons to communicate, through social media sites must first ensure that it can retain records of those communications as required by Rules 17a-3 ad 17a-4 under the Securities Exchange Act of 1934 and NASD Rule 3110.

Why Have a Document Management and Retention Policy?

In general, you should always have a way of finding your files.  It will not only help comply with discovery requests, but for yourself it will help you find things for things such as regulator and tax requirements.  Not only will lawyers be grateful you can find your own files, but accountants and various consultants find it helpful as well.

Therefore, your business records policy should be aimed at three goals:

  1. Preserving until end of usefulness (both for legal and business reasons);
  2. A systematic approach to destruction, which explains why documents no longer exist;
  3. Limiting the number of areas that a discovery request will force you to search.

So basically, in your policy you have defined time, space, and existence.  It’s like having your own document universe where you get to control the rules.  In terms of legal considerations, and an attorney can help you with this part of the policy, but consider the following:

  1. litigation hold procedure if you anticipate any litigation or government investigation;
  2. how to handle the portability and backing up of data; and
  3. how to control non-company devices that access and use company data.

Incorporating Social Media

Now factoring in social media, you can kind of thing of it as it’s own galaxy in your document retention universe.  Due to its nature, and people’s perception of it you will have to a) think about how you want to archive it and b) train people to get used to organizing it.

As mentioned in the prior post you can download your Facebook data and get all your tweets in excel format.  For blog posts it depends on what service you are using, but some give you the option of backing up your blog.  You should also consider if you write in MS Word to draft the posts before hand of saving it in that format as well.

Finally, for your own sake and your lawyer’s sake be sure to digitally timestamp and signature the files.  This goes to authenticity of the evidence for a trial.  In addition, be sure to try and keep social media preserved in their native format.  Thus things like video or Flash files should be kept safe an the ability to replay is crucial because some regulatory situations will NOT accept screenshots.  Basically, you need to prove the exact contents and the manner it interacts with a user on any given date.

Training and Responding

Watch how people connected you talk about your products and services. Make sure employees and paid bloggers disclose anything you gave them in connection with touting your business's products and services.

Once you have set-up a document management and retention policy, concerning social media.  You have to train your employees to follow it.  It will give weight and credibility to why certain documents exist and others do not.  In terms of social media, when people use it they kind of think that what they post will not remain there and is only a flight of fancy.  So you are going to have to train against that mentality, as well as that social media posts are for company purposes and are a part of the company.  Followed by the fact that you will have to archive it like a library and you can see that training on social media retention is a little bit more complex.

If litigation does come knocking on your door, an attorney can help you strategize with a proper response.  Now that you have an efficient and searchable document management system it will be less of a nightmare.

Final Points: Centralize and Use Software

With social media and document retention centrality of the data/documents becomes a key issue.  Archiving and housing the data in all different manners and places is a real headache to sort later.  Put in the effort to centralize and organize in the beginning.  Lastly, while your business is small consider scalability of your document management system as it grows.   You may want to consider the use of specialized software.

As always if you like this post or any of my other series please Subscribe to this blawg to receive e-mail updates.  In addition, follow me on Twitter and “Like” me on Facebook.  If you need to contact me directly, please e-mail me at Ryankhew@hawaiiesquire.com or leave a message at 808-944-8400.

*Disclaimer:  This post discusses general legal issues, but does not constitute legal advice in any respect.  No reader should act or refrain from acting based on information contained herein without seeking the advice of counsel in the relevant jurisdiction.  Ryan K. Hew, Attorney At Law, LLLC expressly disclaims all liability in respect to any actions taken or not taken based on the contents of this post.

Crafting a Social Media Policy: Tips and Considerations

Hey everyone!  Today’s post will be short and sweet as I have a lot of projects on my plate.  The main point of today’s post is to get you to think about crafting a good Social Media Policy for your company or organization.  The last several posts should be a reminder of the limitations of a Social Media Policy and how far you can go.

In several instances, overboard policies will be scrutinized and open you to lawsuits.  Completely lax or non-existent ones can also get you in trouble for not taking care of your employees’ posting behaviors during work time.   You should strive to think about what would be best practices for your company and the kind of policy that would make a good fit for it.   Lastly, you can draft your own policies, but if you are unsure the right kind of language or how such a policy would play out legally it is best to seek an expert to review and edit.   In addition, even if you don’t have time someone can work with you to come up with a policy for your review and approval.

Now let’s discuss some tips and considerations for your Social Media Policy:

  1. Purpose or goal – what are trying to accomplish with your policy?  – it is always helpful to have a starting point and place you are trying to get to with any project, and crafting a policy is not any different;
  2. Can do vs. Thou Shall Not – your policy should contain a mixture of what an employee should not do versus positive reinforcement of what they can do with social media, a lot of transparent and social organizations find great success in openness and encouragement of good behaviors;
  3. Internal vs. External – who is your audience? You can always breakdown your social media into categories, subgroups, or types of actions – the policy can start out focusing employees and how to responsibly use social media and then be expanded to how the company views social media usage when delivering its marketing and communications to the outside world;
  4. Authenticity and Accountability – make sure you are writing something genuine and that you care about, in addition, make sure your employees take responsibility with what they write and post – a lot of people feel it is ok to type whatever they feel like and shoot it off into the ether thinking a) no one is paying attention and b) there are no consequences even if they are reading – be sure to make it clear these thoughts are wrong;
  5. Respect for Intellectual Property – make sure to check with the owner of images and works if you can use them, and be sure to always attribute and not take credit for what is not yours;
  6. Protecting your Property – in the same vein that your employees should respect others, they should so respect the owner and the company, which employees them – openness does not necessarily mean sharing your trade secrets
  7. Simplicity – just because the trouble you and your employees can get into involves a lot of legality and technicalities does not necessarily mean that the policy itself has to be written that way – vague, obtuse, and unclear legalese does not help anyone figure out where you stand on a certain behavior or action; it should be clear and concise.

Thanks for reading these simple tips and remember if you always have questions or doubts seek out help!

Next time for Social Media and the Law we will be moving out of creating a Social Media Policy and entering the legal realm of evidence.  These posts will concentrate on a lot of case law and discussing the impact social media is having on the legal system.  While, most laypeople and businesses probably won’t be too interested feel free to follow along.  These posts are more for fellow attorneys curious about how social media has been brought into play during trials and litigations.

As always if you were interested in this series or my other series, like Draw the Law.  Feel free to subscribe by clicking on the “Subscribe” button on the right-hand side of this page.  You can also follow me on Twitter @RKHewesq or Like Me at “Ryan K. Hew” on Facebook.

See you next time!

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*Disclaimer:  This post discusses general legal issues, but does not constitute legal advice in any respect.   No reader should act or refrain from acting based on information contained herein without seeking the advice of counsel in the relevant jurisdiction.   Ryan K. Hew, Attorney At Law, LLLC expressly disclaims all liability in respect to any actions taken or not taken based on the contents of this post.

Crafting a Social Media Policy: Employer-Employee Legal Concerns

In this series of Social Media and the Law I have touched upon some of the major legal areas of concern when dealing with social media and employment.  To see what was talked about or for a refresher click on the following links:

Having a Social Media Policy

First of all, let me say I understand that a lot of this can be overwhelming.  You may feel that even crafting a Social Media policy is not even a part of the bottom line and seems to be difficult endeavor, especially if you are a small business owner worried about inventory or keeping customers, now you have to think about Facebook, Twitter, and blogs?  So you have one of these initial responses: a) close your eyes and hope for the best; b) create a social media policy that is so general that it is unenforceable or has no meaning; or c) completely ban social media use.

I find a lot of smaller organizations feel this way because they feel they do not have the resources to be effective in this matter.  First of all, smaller organizations are closer to their employees and can directly work with them to craft a good policy.  Secondly, there are many affordable attorneys that can either review what you create or draft something as a pat of your handbook and employee agreements package.

With that being said let’s look at some of the things you should think about when creating a social media policy.  I will start out with the legal landmines you want to avoid when crafting a policy.  It will be followed with some business questions you should ask yourself.

Legal Considerations

One of the goals of a good media policy is one that should help protect the employer from lawsuits.  I will do a brief run through of the various laws that affect your policy, and use examples of what might be considered a good response or way to handle the situation.

Employment Law

Protected Statuses and Discrimination – remember that certain demographics of the population have protected statuses under both federal and state laws.  Therefore, in this area you should avoid using an applicant’s Facebook page to make the decision to hire them.  Once again, remember Hawaii now protects gender expression.

Harassment – as an employer you are legally obligated to create a safe work environment for your employees.  Therefore, if you have a case of “sexting” (sexual texts) or cyberbullying you need to take action or run the risk of violating the law.

Fair Credit Reporting – remember if you use a third party to obtain background information on a potential employee you must get their permission.  As part of the hiring process you could have potential hires fill out authorization forms.

National Labor Relations Act (NLRA) – the National Relations Board, which enforces the NLRA has been keen on clamping down on employers that have broad social media policies that ban protected activities or respond to negative postings on Facebook/Twitter by firing the offending employee.  A couple things about this situation:

  1. Narrow the scope of your social media policy.  Avoid blanket policies that prohibit everything and implement a review policy if you find an offending comment by an employee on a social network site.  Be careful and make sure the comment is offensive and not a commentary on the working environment.
  2. Create a grievance process. If your employees are bad-mouthing your company or managers you may not have a good venting mechanism or allow them to air their grievances.  So they are turning to an outlet, which gives them control over their complaints.  You might need to investigate where the tension is coming from.

Intellectual Property

Trade Secrets – remember that if an employee discloses protected information to a new employer, that new employer could be faced with liability from the former employer.  In general, all companies that have an employee who has access to sensitive information should have that employee sign non-disclosure and non-compete agreements.  In addition, if you are in the habit of providing electronic communication devices (i.e cellphones, laptops, etc . . .) you should remind the employee that the equipment is company property along with all the data contained on it.   You also want to make sure your employees do not post things that are supposed to be secret.

While, this is not a trade secrets situation, this video report by KITV news on a Honolulu Liquor Commission employee highlights the problems of Facebook posting when an employee has access to sensitive information (which includes the identity of fellow employees).

Specific Professions

HIPAA – if you are medical provider or a business affiliate of one should be highly sensitive to staff having access to protected health information on their computers that have Internet access.  Recall that a woman got in trouble for posting a patient’ HIV status on her MySpace.  Excellent training and careful security protocols are a must in this area.

Legal Ethics – attorneys, your paralegals and secretaries should avoid talking about what they are doing at work.  If you have a client who does not want to be identified, and a paralegal inadvertently identifies them through a Tweet or posting a picture you will be in violation of legal ethical rules.  Similar to HIPAA, a lot of training and explicit policies should help you prevent such problems.

Business Considerations

This is not meant to be a comprehensive list, but from a business owner/manager’s perspective these are some questions you should consider when crafting your social media policy:

  • What is your corporate culture?
  • What is the function/nature of your business?  Does it require a lot of confidentiality?
  • Who would you like to have access to the company’s information?
  • Does your company use social media for its advertising and marketing?
  • What is the size of your company?
  • When (during the day/week) is your company in operation?  What is your break-time policy?
  • How sophisticated is your workforce?
  • How important is computing, Internet access, and mobile usage to your company?

You should have some realistic expectations about creating a social policy and then implementing it.  Having absurd goals, like you are going to check all your employee’s Facebook pages at the end of the workday does not do you any favors.   Your policy should be fair and practical because at the end of the day you are are the one who has to get it to work.

Before I get to implementation considerations I will touch upon another aspect of creating a Social Media policy.  As we have seen Facebook, Twitter, and the like do not solely affect your relationship with your employees.  These platforms are sometimes integrated into a company’s marketing strategy and there are certain legal concerns of their use when you engage the world outside the organization.  So next time, (which will be July 5th due to 4th of July celebrating) I will discuss Crafting a Social Media Policy and the Outside World.

Don’t forget if you enjoy this series or any of the other series on my blawg feel free to subscribe in the right-hand corner of this page to receive e-mail updates on posts.  If you are on Facebook be sure to “Like” “Ryan K. Hew” to get updates there as well.  See you next time.

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*Disclaimer:  This post discusses general legal issues, but does not constitute legal advice in any respect.   No reader should act or refrain from acting based on information contained herein without seeking the advice of counsel in the relevant jurisdiction.   Ryan K. Hew, Attorney At Law, LLLC expressly disclaims all liability in respect to any actions taken or not taken based on the contents of this post.