Banning employees from using social media sites during office hours is not an effective way to protect the interests of the employee or the organisation, says Marissa Best, Head of Professional Services at NETconsent. A better strategy is to introduce a business-specific policy on usage and combine it with a culture of self-responsibility.

Speaking after a court had ruled that she had defamed the Conservative peer Lord McAlpine by re-tweeting a false accusation about him, TV personality Sally Bercow cautioned: “Today’s ruling should be seen as a warning to all social media users. Things can be held to be seriously defamatory, even when you do not intend them to be defamatory and do not make any express accusation. On this, I have learned my own lesson the hard way.” In this case, the main reason Bercow was pursued is because she was deemed to be a “high-profile” tweeter. Invariably, public figures are more likely to be held to account than private individuals, especially when it comes to libel cases. However, looking at these and other cases, it’s easy to see how an offensive view or an ill-considered innuendo could land anyone in hot water, in exactly the same way that private emails going viral can – and has – in the past.

To prevent their employees from a perceived misuse of work time and equipment, historically, many organisations have simply opted to block social media during working hours. Yet, like it or not, social platforms are becoming increasingly ingrained in corporate activities, with more than three-quarters of the respondents in a recent McKinsey survey of over 3,500 companies worldwide reporting that they are using at least one social technology. At the same time many employees, who are intrinsically bound to their organisations by reputation, are circumventing outright bans on social media use by accessing platforms using their personal smartphones and other mobile devices. These converging trends have essentially resulted in a grey area when it comes to taking responsibility for use that is considered improper, offensive or even libellous. For these reasons, today’s businesses need to strike a balance between protecting the interest of the company and those who work in it. Specifically, corporate guidelines and policies need to be consultative to avoid being viewed as draconian, ideally being introduced to the workforce in a context of self-responsibility and education, rather than laying down the law.

The two-way conversation should point out the risks which individuals themselves face in terms of litigation or security, as well as the potential legal or reputational impact that their behaviour may have on the company. Rather than introducing an all-encompassing social media policy, organisations should consider their own precise needs and requirements, which will differ according to the nature and structure of the business. To this end, it does not make sense to include anything that the organisation is not realistically able to enforce. Ideally, the policy should be a document that users can relate to and contain guidance on what is being protected. Crucially, the organisation also needs to spell-out why the guidelines are being introduced – something which may be achieved through dedicated training sessions or inclusive policy meetings.

From a legal perspective, it should be made clear that the social media policy is not contractual. The main reason for this is that if it does not form part of the employment contract, it is much easier for the organisation to change it, which they are highly likely to want to do in a fast-evolving area such as social media. In addition, if the policy is part of the employment contract, the business could be open to legal action from an employee if they can demonstrate that their employer does not also follow it to the letter. Here, an effective compliance and policy management system can play an important role in helping businesses introduce and adapt social media policies in line with what they deem to be risky or unacceptable usage. Used in conjunction with proper organisation-wide consultation, it can enable relevant business users such as HR teams and line managers to systematically evidence compliance, instil departmental and organisation-wide best practice and improve and sustain business controls.

Marissa Best, Head of Professional Services
NETconsent
www.netconsent.com