KEY PROVISIONS EVERY SOCIAL MEDIA POLICY SHOULD INCLUDE
KEY PROVISIONS EVERY SOCIAL MEDIA POLICY SHOULD INCLUDE
The effects of “Viral Power” can be as damaging as it is rewarding to the bottom-line of any business. While online exposure can surely increase sales, costs associated with reversing the effects of negative publicity can literally bring a business to its end.
However, rest assured. All is not lost. There is hope. Social media exposure generated by employees can be managed. Instituting a well-developed and legally enforceable Social Media Policy establishes behavioral and operational expectations consistent with your business-brand interests. Taking this precautionary measure to address employees’ social media activity provides a guide that not only protects your business, but also empowers employees and encourages their positive participation in the quest for success.
We’re going to take a look at some key provisions every Social Media Policy should include; but first, let’s take a walk down memory lane to learn from another company’s mistakes.
Worth The Weight?
Can you guess what happened after an employee posted comments about another employee’s weight and sexuality?
In September 2005, the Automobile Club of Southern California (“Automobile Club”) fired 27 of its employees based on ONE employee’s online comments about another employee’s weight and sexual orientation. Although the comments were written on the employee’s own time and were posted on a personal Myspace account, the company was forced to address the issue when the employee referenced in the post complained to management about feeling harassed. Instantly, the company became involved and initiated an investigation to address the employee’s concerns. This investigation led to the discovery of additional comments that were unfavorable towards the company and exposed a plot to deliberately cause a workplace “slow-down”.
Like many other companies, Automobile Club was immediately vulnerable to risks associated with the media exposure. Some of the risks in this example included the harassment claim, the unfavorable suggestion of hostile working conditions due to discriminatory biases, and the implication that Automobile Club’s business practices could ultimately affect the quality of services it provides to its customers. All of these risks and implications resulted from ONE employee’s personal comments on their personal time and personal social media account.
No company desires this type of mass marketing. When these incidents occur, a dim light is cast on a thriving business no matter whether the intent was innocent or intentional.
Key Provisions
How can a small or large business protect itself and minimize risks as it relates to social media advertising and employee social media usage? The answer is simple — create a comprehensive and well-defined Social Media Policy that establishes guidelines for employees who post information on the internet (whether as a part of their job duties and/or as a personal user). While no policy can absolutely prevent unwanted behavior by an employee or customer, having a policy in place serves as a guide or compass for employees when considering the content of their post, and it can serve as evidence during a Workers Compensation hearings or other litigation.
There are many considerations when developing and implementing a solid Social Media Policy. Determining the best course can be tricky, but here are a few key provisions to include when developing a Social Media Policy that is clear, concise and binding:
PURPOSE: From the onset, the policy should state the purpose for which the Social Media Policy has been developed and implemented. The content and tone of this section should establish a clear and defined purpose for the policy.
DEFINITIONS: Consider your business culture and how your company uses social networks. With this in mind, define those terms that relate to social networks, your organization’s usage, and employee on and off-duty usage.
LAW: Considerations should be provided for the legal ramifications to the company and/or employees resulting from violating employment or civil rights laws.
COSTS: Address the costs associated with lost time, productivity and resources while on the job, especially if social media marketing is not the expectation of all employees’ job responsibilities.
DISCLOSURE: Outline the business’ confidentiality policy and specifically address nondisclosure of confidential/nonpublic information. Provide examples of what can and cannot be disclosed.
PENALTIES & INDEMNIFICATION: Provide examples of policy violations and outline any disciplinary measures for violations. Ensure that the disciplinary processes are in sync with current guidelines provided by the National Labor Relations Board and other labor and employment laws.
REPORTING: Encourage the use of appropriate internal channels to voice concerns and violations.
TRAINING: Address opportunities for trainings where you’ll train and educate employees while empowering them to post responsibly at all times. Provide guidance regarding social media activities outside of company time/property that could reflect poorly on the company, other employees or customers.
This is a short list of an exhaustive number of provisions and factors to consider when developing a Social Media Policy. The policy should be company specific and should be representative of the core values, mission and vision of your particular organization. Combing through the details requires keen insight and focus. Otherwise, the policy can be useless.
Final Considerations
Make your Social Media Policy work for you whether you are a large company or an emerging start-up. A company Social Media Policy that supports your business and marketing strategy can only bring you advantages. You will definitely see improvements with collaboration and communication, and at the same time drive credibility with employees and customers by having your employees become brand ambassadors and influencers in social media. It can be a win for all!
Your Thoughts: What trends and changes have you noticed in the online and social media landscape? Any key provisions you’d like to add to our list?
This article is intended to provide you with general information; it does not constitute any type of legal advice. For recommendations related to your specific matter, we encourage you to review our Practice Areas page for additional information and then contact us to discuss your company’s legal needs.