Australia: Social media: What goes on tour ... goes on You Tube

It is well recognised that in the 21st century workplace, many people with internet access are visiting social media sites daily. The media is full of reports that speak in terms of lost productivity, reputational risk, harassment suits, defamation and the like, which arise from often poorly regulated and managed social media policies.

Positive and negative statements have the potential to now, more than ever, impact both personal and organisational reputations thanks to the immediacy and accessibility of:

• video and photo sharing
• micro blogging
• Facebook, You Tube and other popular social media sites
• online discussion forums,

to name but a few, each enhanced by powerful improvements in smart phone technology and mobile internet access.

There is no question that social media, used well and monitored effectively, can be a powerful marketing tool and greatly aid organisations in obtaining a completive edge in the market. Social media, however, is fast becoming the 'weapon of choice' for disgruntled employees, so employers who are unprepared and have no policy or protocols in place should take notice.

Many experts suggest that banning all access is simply ineffective to manage the risk, given the accessibility of such sites on mobile phones and tablets, and after hours. It is not possible for employers to proactively police every portal or device that might be used without turning the workplace into something resembling George Orwell's vision of 1984, breeding resentment and impacting productivity.

It is of critical importance for employers to make sure they have a social media policy that makes a clear distinction between public and personal information, and who is and is not authorised to make public comment on behalf of the employer.

Fair Work Australia, in a recent ruling reinstating an employee who was fired after posting negative comments on Facebook, noted that if a recognised policy had been in place that clearly outlined acceptable and unacceptable conduct, its decision to reinstate the employee may have been different.

Key lessons for employers

A good social media policy will set out in clear and unambiguous terms the employer's expectations around the use of social media both in and outside of the workplace.

It is essential that any policy cover, amongst other things:

• all social media sites or derivatives that may exist in future and guidelines for commentary
• ensuring appropriate controls and authorisations exist for business, marketing recruitment related content and
• the consequences of non-compliance with the policy.

This needs to be backed up by systematic and regular awareness training.

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This report does not comprise legal advice and neither Gadens Lawyers nor the authors accept any responsibility for it.