20070427 Employee's Right to Blog: Free Speech Challenge for Enterprises in Information Society
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20070427 Employee's Right to Blog: Free Speech Challenge for Enterprises in Information Society

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2007.04.27 Employee's Right to Blog: Free Speech Challenge for Enterprises in Information Society ...

2007.04.27 Employee's Right to Blog: Free Speech Challenge for Enterprises in Information Society
presentation in a conference “Third Year within the European Union: Topical Problems in Management of Economics and Law” (Latvian Academy o Sciences)

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  • 1. Employee’s right toEmployee’s right toblogblogFree speech challenge for enterprises in informationFree speech challenge for enterprises in informationsocietysocietyLiutauras Ulevičius, Mykolas Romeris UniversityLiutauras Ulevičius, Mykolas Romeris University
  • 2. Facts (I)Facts (I) What is blog?What is blog? internet website or part of it;internet website or part of it; a chronological order of records;a chronological order of records; single author or a group of authors;single author or a group of authors; Consequences?Consequences? a new medium for information dissemination;a new medium for information dissemination; bloggers pretend at least to some rights usualybloggers pretend at least to some rights usualyassociated with media representatives.associated with media representatives.
  • 3. Facts (II)Facts (II) Blogs measured in millions:Blogs measured in millions: US counts 8 million in fall 2005;US counts 8 million in fall 2005; Technorati latest data – nearly 60 millions;Technorati latest data – nearly 60 millions; Apple Corporation vs. Bloggers.Apple Corporation vs. Bloggers. Why should we protect bloggers?Why should we protect bloggers?
  • 4. Competing interestsCompeting interests Self-expression (Convention for the ProtectionSelf-expression (Convention for the Protectionof Human Rights and Fundamental Freedoms ):of Human Rights and Fundamental Freedoms ): employees do enjoy this freedom as do theiremployees do enjoy this freedom as do theiremployers;employers; Employers’ interests (usualy takes form of non-Employers’ interests (usualy takes form of non-disclosure agreement or part of the employmentdisclosure agreement or part of the employmentcontract:contract: free speech should not interfere or neglectfree speech should not interfere or neglectemployee’s duties.employee’s duties.
  • 5. Changes in the environmentsChanges in the environments US (National Labor Relations Act):US (National Labor Relations Act): forbids employers from retaliating against employeeforbids employers from retaliating against employeespeech resulting in blogging;speech resulting in blogging; not clear application to private companies;not clear application to private companies; Corporate policies:Corporate policies: Be first to define landscape;Be first to define landscape; Take initiative before harm is materialized.Take initiative before harm is materialized.
  • 6. Options for policies makersOptions for policies makers Fixing legal imperatives:Fixing legal imperatives: Do’s and DontsDo’s and Donts Make a soft reminder about possible outcomesMake a soft reminder about possible outcomesof blogging;of blogging; NDA and confidentiality;NDA and confidentiality; Pretend to raise quality standards, even up toPretend to raise quality standards, even up tojournalistic level;journalistic level; Code of media ethics.Code of media ethics.
  • 7. Legal frameworkLegal framework Convention for the Protection of Human RightsConvention for the Protection of Human Rightsand Fundamental Freedoms (Article 10);and Fundamental Freedoms (Article 10); Declaration on freedom of communication onDeclaration on freedom of communication onthe Internet (Principle 7 – Anonymity);the Internet (Principle 7 – Anonymity); Directive on certain legal aspects of informationDirective on certain legal aspects of informationsociety services, in particular electronicsociety services, in particular electroniccommerce (information society service providercommerce (information society service provideris not liable for the information transmitted).is not liable for the information transmitted).
  • 8. ConclusionsConclusions First cases in US and France have begun;First cases in US and France have begun; International corporations start adapting internalInternational corporations start adapting internalblogging policies;blogging policies; Bloggers provide not only threats, but alsoBloggers provide not only threats, but alsoopportunities – we should understand, thatopportunities – we should understand, thatinformation society provides new questions toinformation society provides new questions tobe answered.be answered.