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Risk Management Issues Around Social Media

Vivienne Storey

www.blandslaw.com.au

Who Are BlandsLaw?


Boutique law firm with core expertise in Industrial Relations / employment law. We use social media as a key part of our marketing strategy to co-create niche communities & demonstrate credibility:
@mysocialpolicy, #agchatoz, @irlawyeraus Facebook, LinkedIn, YouTube, Slideshare 3 blogs
www.blandslaw.com.au

Scope of Presentation.
Part 1: Understanding the emerging legal issues around social media Part 2: Managing the legal, security and governance risks of social media Part 3: The ethical protocols of social media Part 4: Educating employees on the etiquette of social media use
www.blandslaw.com.au

The Gap
Social media is creating new and different situations which we have not as yet considered in the context of the law.. The law cannot keep up with the rate of change in technology and communications Social media intersects many different areas of law in new ways ie the definition of when we are at work We are trying to apply old world legal precedents to the new web 2.0 situations presented by social media. Specific precedent law still being developed.

www.blandslaw.com.au

The Law?

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Risk Management Issues


Blurring of boundaries between work life and personal life. The highly public and permanent nature of social media. Loss of confidential information
inadvertant disclosure by employees References where inferences could be made Location tweets, geolocational check ins
www.blandslaw.com.au

Risk Management Issues Cont.


Wrongful dismissal (no policy in place) Copyright infringement Misleading and deceptive conduct Information subject to the Privacy Act (ie health workers talking about patients) Recruitment selection using social media profiles Defamation, reputation and brand IP Technology risk
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Twitter has 50% more activity on weekdays than on weekend days. Facebook is the most popular way to share information, followed by email, then Twitter

www.blandslaw.com.au

www.blandslaw.com.au

A Social Media Policy!


Ideally A social media policy should effectively be pre-approval for your employees to engage online in real time.
Additionally, you need to understand that unless you have a policy in place, you may find it hard to discipline staff for what you consider to be inappropriate use of social media. This is a general employment law consideration

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Considerations in Writing a Social Media Policy (1)


1. 2. 3. 4. Decide whose in Charge Put together a social media team or committee Define the purpose of the policy Incorporate the social media strategy

www.blandslaw.com.au

Considerations In Writing a Social Media Policy (2)


How do you manage social media accounts? Incorporate existing company policies Use appropriate language Appropriate use of social media Keep the document succinct Summarise with guidelines Budget Monitoring Crisis Management
www.blandslaw.com.au

Issues to Consider
Will you differentiate between who may write about the company and on behalf of the company? Who owns the companys social media accounts? Nomenclature - will you have a system of naming social media accounts? Consistent message? Disclaimers / identifiers for personal accounts?
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Issues to Consider Cont.


How do you retain ownership of accounts or doesnt this matter? What is acceptable to discuss about the organisation on personal social media accounts? Linkage between private and company accounts eg dont friend clients Usage of logos or trademarks online Be specific about personal use in relation to work references Be specific about absolute no-nos eg illegal activity, pornography, offensive language etc
www.blandslaw.com.au

Education
How do you get the message across the organisation?

www.blandslaw.com.au

Example of Implementation
Victorian Department of Justice http://www.youtube.com/watch?v=8iQLkt5C G8I @darrenwhitelaw

www.blandslaw.com.au

Level 1, Byfield St North Ryde, NSW, 2113 PH: 02 9805 5600 www.blandslaw.com.au twitter.com/mysocialpolicy
www.blandslaw.com.au

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