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Social Media Policies in the Workplace

Social Media Policies in the Workplace

Social media has grown explosively in the last decade enabled by ubiquitous and high-speed internet access and smartphone devices. “Social media” encompasses many internet technologies that allow multi-directional exchange of information and user-generated content. Social media comes in many forms ranging from blogs/microblogs like Twitter; social networks like Facebook; forums & discussion boards like Google/Yahoo groups; photo & video sharing sites like Instagram, Pinterest. It is estimated that the number of worldwide social media users will reach 2.95 billion by 2020. According to a report by the Internet and Mobile Association of India (IAMAI), 66% of the 180 million Internet users in urban India regularly access social media platforms.

Social media differs from paper-based or traditional electronic media such as TV broadcasting in many ways, including quality, reach, frequency, immediacy, spontaneity and permanence.

DOES MY COMPANY REALLY NEED A SOCIAL MEDIA POLICY?

Social media is a relatively new area for companies to consider, so you may be wondering whether you actually need a social media policy. The answer is yes

Companies have been getting on to the social media bandwagon – using it to communicate, influence & engage with its stakeholders. 96% of the FTSE 100 companies have a Twitter account. At the same time companies are having to deal with their employees’ use of social media as the lines between personal & professional continue to blur.

The first line of defence in mitigating these risks is to have in place a social media policy which provides guidance to employees. My personal view is to remind employees that the guidelines for functioning in an electronic world are the same as the values, ethics and confidentiality policies employees are expected to live every day. The policy should be more about what employees can do and best practices for social media use versus all the things employees can’t or shouldn’t do on social media. While each company will tailor the policy as per their needs, experience, purpose and culture, the following can be used a guiding principles:

Disclosure of Affiliation: When commenting about the company on social media, employees must clearly and conspicuously disclose their name and their affiliation with the company. Similarly, anyone posting on social media who has been paid/incentivised/gifted or otherwise has an ongoing relationship with the company should clearly disclose relationships and endorsements.

Opinion: Only very few people in this company are official spokesperson. Unless an employee is the official spokesperson he/she must make clear that he/she is speaking for himself/herself and not for the company. Employees can use a disclaimer like “The postings on this site are my own and do not necessarily represent the opinions of my company”.

Ownership: Employees who engage in social media activities as part of their job must understand that the company branded account used is property of the company i.e. employees cannot leave with the account or the contacts/connections gained through the account. Employees must handover the accounts and not change the passwords etc. before leaving. In the same vein, when a third party consultant or agency is handling the company’s social media accounts, ownership/passwords/handingover in the event of termination should be made clear.

Confidentiality: Social Media encourages to share information and connect with people. Employees should also be aware that they have access to proprietary and confidential information that shouldn’t be made public. In addition, talking about revenues, future products, pricing decisions, unannounced financial results, and personal data/information of customers or similar matters will get the employee, the company or both into serious trouble. As a general rule, employees should stay away from discussing financial topics and predictions of future performance on social media.

Comments: Employees should not comment on company legal matters unless they have the approval to do so. Do not answer questions about the company /products in an area in which you do not have expertise. While it may be tempting, do not react (angrily) to negative reports / stories about the company.

Comply with intellectual property laws: Social media encourages users to share content. Employees must comply with laws governing IP when sharing content on social media. For employees managing company social media accounts, care should be taken that the company has the necessary rights to the content posted on behalf of the company.

Careful Communication: Employees should not use language or engage in any conduct online that would not be acceptable in the workplace. This would include discrimination & harassment, bullying, making defamatory statements etc.

Accuracy/Truth: Anything that employees publish about the company /its products must be true and not misleading. All claims must be substantiated and approved. Employees should stay away from saying “our products are faster/better/more effective” than those of competitors.

Mistakes: If it turns out that an employee has made a mistake – Be upfront and be quick with correction

Once the social media policy has been finalized, it is important to let employees know there has been a change to the employee agreement that each employee signed when they were hired. An e-mail or memo should be sent to all employees including a copy of the new policy or a link to where they can reference the policy.

A social media policy gives employees the tools to communicate the company message effectively. Clear guidelines will ensure that the company brand is enhanced and its reputation is not sullied by a flippant remark. Employees are an amazing resource and a company’s best evangelist who can help promote your business on social networks.

About Author

Aditi Jha

Aditi Jha is the general counsel & member of the leadership team of LinkedIn India where she advises on commercial, IP, employment, data privacy, and regulatory compliance issues. Aditi has over a decade of experience gained in leading TMT law firm Nishith Desai Associates and Indian & multi-national companies Johnson & Johnson and ITC Limited. Aditi graduated from NUJS followed by post-graduate education in Stanford Law School and Stanford Business School. Aditi has been recently recognized in the 'Legal 500 GC Powerlist' - listing of top 100 inhouse lawyers in India.