Why Your Business Needs a Social Media Policy
January 4, 2019
Social media is a constant presence in our personal and professional lives. The majority of people access and update various social media profiles multiple times each day, which means that most people access social media while they are at work. It is a simple reality - Facebook, Instagram, Twitter, Snapchat, and other social networking sites are as much a part of the work day as staff meetings and coffee breaks. For businesses, what consequences does this constant use of social media have? On the positive side, social media has allowed businesses to gain exposure, easily reach clients and customers, market themselves in a creative and cost-effective way, and control their online brands through their businesses’ social media profiles. Unfortunately, inappropriate personal use of social media by employees has also exposed some businesses to reputational harm and loss of productivity. In May of 2018, some Saskatchewan corrections workers’ comments on a Facebook group titled “Name Something You Never Thought You’d Have to Say to Another Person Until You Got Into Corrections?” caused an uproar. The employees’ comments, which included among others, joking suggestions of: handcuffing an inmate and then cutting his throat with a toothbrush; and “confiscating” an inmate’s tattoo using a nurse’s scalpel, forced the Ministry of Justice to commence an investigation, discipline several employees, and deal with a public relations nightmare. One of the ways that you can protect your business and your employees from these kinds of blunders is by implementing a social media policy that sets out what constitutes appropriate use of social media by employees. A social media policy creates clear expectations for employees and protects employers from incidents that can cause potential exposure to liability. Some suggestions for what can be included in a social media policy are:
- A definition of social media. Which social networking sites does the policy apply to?
- Whether employees are permitted to access and post on social media while at work.
- A description of the scope of the policy. Does it apply to personal use outside of work, or only to social media use on behalf of the employer on the employer’s official social media pages?
- Disclosure of social media website monitoring by IT staff, so that employees are aware that they cannot expect privacy when accessing and posting on social media at work.
- Reference to any other policies that intersect with the social media policy (e.g. harassment policy)
- A description of use of social media that is considered inappropriate by the employer. This should be worded broadly and include that the employee should not post content that could bring harm to the employer’s reputation, harass another employee, or disclose confidential information.
- A clear procedure for discipline if the policy is breached by an employee, and a statement that breach of the policy constitutes “cause” for dismissal.
- A section for the employee to sign off on the policy.
A social media policy must be enforced in order for it to be effective. In the case of the inappropriate use of social media by Saskatchewan corrections workers summarized above, the employer did have a social media policy, but it did not stop the incident from occurring. Either the employees were unaware of the policy, they did not take it seriously, or they were oblivious that it could apply to personal use of social media when they were off-duty. It is not enough for the employer to draft a policy and place it in a filing cabinet to gather dust. An effective social media policy must be kept up-to-date as social media platforms continue to evolve, and employers should check-in with employees periodically to ensure that everyone is on the same page. It should be communicated to all employees that adherence to the policy is as much a part of their duties at work as is showing up on time in the morning.
About the Author: Zina is an associate practicing in the Regina office.
About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest and largest law firms, with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have led to our firm ranking in the top 5 in Saskatchewan by Canadian Lawyer magazine (2017). Integrity, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.