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Social Media in the Workplace 101Paul JacobsonWeb•Tech•Law@pauljacobson and @webtechlaw
The Law
“code is law”
“This regulator is code—the software and hardware that make cyberspace as it is. This code, or architecture, sets the terms on which life in cyberspace is experienced. It determines how easy it is to protect privacy, or how easy it is to censor speech. It determines whether access to information is general or whether information is zoned. It affects who sees what, or what is monitored. In a host of ways that one cannot begin to see unless one begins to understand the nature of this code, the code of cyberspace regulates.”
“Code is law” by Lawrence Lessig (http://harvardmagazine.com/2000/01/code-is-law-html)
<code> Law </code>
Bad legal code
Good legal code
Risk is part of the deal
Too
much
Not doing enough is foolish too
Like most things, you need a balance
The regulatory landscape is pretty complex
The problem isn’t the law ...
Social media in the workplace
Different use cases
Variety of tools and platforms
Social Media Policies
These are not your
employees!
Tremendous potential reach
Your employees are a mixed bunch
What are social media policies?
Social media policy: framework
and structure?
Give your people direction
Where does a social media policy fit in?
Employee’s duties towards an employer
To maintain reasonable efficiency
To further the employer's business interests
To be respectful and obedient
To refrain from misconduct generally
Measurement against clear standards
Are employees performing their duties?
“An employer's rules must create certainty and consistency in the application of discipline. This requires that the standards of conduct are clear and made available to
employees in a manner that is easily understood. Some rules may be so well established and known that it is not
necessary to communicate them.”
Code of Good Practice: Dismissal
Requirements for legally enforceable
policies
Did the employee contravene a rule or standard regulating conduct in, or of relevance to, the
workplace ... and ...
• Was the rule a valid or reasonable rule or standard?
• Was the employee was aware, or could reasonably be expected to have been aware, of the rule or standard?
• Has the rule or standard has been consistently applied by the employer?
What a social media policy is not
“Big Stick struggle” by pfly, licensed CC BY-SA 2.0
Case study
The Coca-Cola Company
Suggestions ...
The right tools
How it all works
Part of the policy framework
Implementation
Social Media GovernanceGoing beyond social media policies
Scope
Update frequency
Training and education
• Approval process;
• Continuity planning;
• Crisis planning; and
• Branding and similar guidelines
Copyright
Exclusive rights
Copyright owner or content creator
“Works”
Licenses as a tool
Employees’ and providers’ content
Risky practice
Suggested approach
Read licenses
Learn about exceptions to copyright infringement
Sensitive information
NDA’s come standard
Reciprocal
Good definitions
Clear and realistic scope
Poaching isn’t just about rhinos
Include confidentiality provisions in employment contracts too, perhaps even non-solicitation provisions too.
Reputation
What is reputation?
“Reputation is the opinion (more technically, a social evaluation) of the group of entities toward a person, a
group of people, or an organization on a certain criterion. It is an important factor in many fields, such as
education, business, online communities or social status.*”
*http://en.wikipedia.org/wiki/Reputation
“Reputation can be considered as a component of the identity as defined by others.”
*http://en.wikipedia.org/wiki/Reputation
The Streisand Effect*
*http://en.wikipedia.org/wiki/Streisand_effect
2003
Collection of 12 000 Californian coastal properties
Government sanctioned and commissioned project
She sued for $50 million
Went public and over 420 000 people viewed the photo online
Giggs Effect
• 2011 in the United Kingdom
• Obtained an anonymized privacy injunction (aka a “superinjunction”)
• Prohibited press from mentioning his name in the context of a scandal with a TV personality
• His identity broke on Twitter
• He sued Twitter and Twitter users ...
How did that work out for him?
Not so well ...
*Giggs was also named in Parliament under a form of privilege as the poster boy for problematic superinjunctions
“Perhaps most of all, the action is like pouring petrol on a fire. In response to the filing, thousands
more tweets are now pouring out naming the supposed individual all over again.”
- Paid Content article at the time
Case study - United Breaks Guitars
• Dave Carroll, travelling musician and, subsequently, social media expert;
• Custom $3 500 Taylor guitar smashed;
• United Airlines wouldn’t take responsibility;
• Wrote 3 songs about the experience and published them to YouTube ...
150 000 views in 1 day
3 000 000 views in 10 days
United’s share price dropped 10%*
*http://www.ibtimes.com/articles/20090724/youtube-complain-song-cost-united-airlines-180-million.htm
“If you try to stick up for what you have a legal right to do, and you're somewhat worse off because of it, that's an interesting concept.”
Michael Avery, Toshiba’s attorney, commenting on the 2007 Digg revolt
King 3
Recommended practices for better corporate governance
(Not legally mandated but a pretty good idea)
Mervyn King by Sveriges Informationsförening, CC BY NC 2.0
Chapter 8 - stakeholder relationships
“Any group affected by and affecting the company’s
operations”
“The board should appreciate that stakeholders' perceptions affect a company's reputation”
“The board should delegate to management to proactively deal with stakeholder relationships”
“The board should strive to achieve the appropriate balance between its various stakeholder groupings, in the
best interests of the company”
“Transparent and effective communication with stakeholders is essential for building and maintaining
their trust and confidence”
“The board should ensure that disputes are resolved as effectively,
efficiently and expeditiously as possible”
What do you do?
Develop and implement sound legal frameworks
Listen to what your stakeholders are saying
Reputation management = organisational imperative
“It takes 20 years to build a reputation, and 5 minutes to ruin it. If you think about
that, you will do things differently”
- Warren Buffett
Crisis Management
Issue escalation
Clear roles
Other things to consider
Discovery
Track communications and social media activity for
later reference
Don’t rely on Twitter search
Thank You
Questions?
