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Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
Social networking   navigating the work place minefield
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Social networking navigating the work place minefield

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  • 1. SOCIAL NETWORKING MANAGING THE WORK PLACE MINE FIELD GAVIN BARNES DIRECTOR REDCHIP LAWYERS PTY LTD
  • 2. SOCIAL NETWORKING INCREASED PRODUCTIVITY? Surfing the internet for NON WORK purposes during office hours increases productivity. WILB – Work place internet leisure browsing allows you to rest your mind by taking a short break = higher TOTAL NET CONCENTRATION = productivity Blurs the Boundaries – Work Life v Personal Life
  • 3. SOCIAL NETWORKING SO WHAT’S THE ATTRACTION? (Australia Psychological Society) 18 – 30 97% use SNS  31 – 50 81% use SNS  Stay in Contact – Keep in Touch  54% more confident on line than in person  Treated better online than in person
  • 4. SOCIAL NETWORKING HOW DOES IT WORK?  It’s how people connect, make friends, join groups and locate associates online.  Social Networking Sites:  Facebook (over 500 million users)  Twitter (over 175 million users)  Linkedin (over 100 million users)
  • 5. SOCIAL NETWORKING SO WHAT LEGAL RISKS ARE WE TALKING ABOUT.... Employee Risk Third Party Risk 1. Misleading Deceptive Conduct   2. Defamation   3. Confidential Information   4. Privacy   5. Damage to Reputation   6. Cyber Bullying   7. Copyright Infringement   8. Discrimination   9. Unlawful Dismissal Claims  
  • 6. SOCIAL NETWORKING BUSINESS RISKS  Misleading Conduct.  ACCC v Allergy Pathway Ptd Ltd - Businesses are responsible for material posted by 3rd parties posted on their Facebook Page.  You are responsible where you have CONTENT CONTROL.
  • 7. SOCIAL NETWORKING INTERNET DEFAMATION Dow Jones v Gutnick – publication of online material occurs at the point of download of information by end-users.  Who can be sued – employers, employees and web hosts.  Fake Facebook Page - Applause Stores & Firsht -v- Grant Raphael (UK)  Horizon Group -v- Bonney (Twitter Comments)  Anonymous defamatory comments – Moir & Datamotion -v- Gladman (Forum Blogger)
  • 8. SOCIAL NETWORKING PRIVACY  Privacy Act 1988  Collection of a persons’ personal information by an employer from SNS  Individuals exempt but organisations may have to comply with the National Privacy Principles  No tort of breach of privacy in Australia
  • 9. SOCIAL NETWORKING LOSS OR MISUSE OF CONFIDENTIAL INFORMATION  Customer lists can constitute confidential information – NP Generations -v- Feneley  Hays Specialist Recruitment -v- Ions (UK) – LinkedIn  TEK Systems Case – communication with former clients via Linkedin  Leaking sensitive information – US State department officials tweeting about trip to Syria
  • 10. SOCIAL NETWORKING COPYRIGHT © Creator of the work is the copyright owner. © Facebook -v- Power Ventures – Facebook does not own copyright on user content. © Employees may upload copyright material without permission. © Employers vicariously liable – in the course of employment. © ‘fair dealing’ – criticism, review, news reporting, parody and satire.
  • 11. SOCIAL NETWORKING REPUTATION DAMAGE  2009 Deloitte Survey – 74% of employees said it’s easy to damage a company’s reputation on social media.  Domino’s video scandal (US) – youtube video of unhygienic food preparation – 1,000,000 viewers.  Singapore National Newspaper Twitter accident – ‘omg.F*** you all. Seriously’ to more than 46,000 Twitter followers.
  • 12. SOCIAL NETWORKING PERSONAL RISKS General Rule  You can’t be terminated for out of work conduct  Discrimination Fair Work Act 2009 – Adverse action claim Be careful who you say no to – accepting & rejecting invitations  Employment – unfair dismissal Escape Hair Design -v- Sally-Anne Fitzgerald  Cyber bullying Workplace Health and Safety Act 1995 (Qld) Australian Manufacturing Worker’s Union survey
  • 13. SOCIAL NETWORKING BENEFITS University of Melbourne Study  Workplace Internet Leisure Browsing (WILB)  Awesome Brand building – Viral marketing  The ‘Tipping Point’ – creating the epidemic – very low cost and highly leveraged
  • 14. SOCIAL NETWORKING MANAGING THE RISKS  Social media policies  Commonwealth Bank – forced to amend their policy - ‘unreasonable’.  Blocking -v- NOT Blocking  73% of Australian workers access social networking sites  48% did not officially allow access  Employees choose employers that allows access to social networking sites  250 million users accessing Facebook through mobile devices
  • 15. SOCIAL NETWORKING MANAGING THE RISKS CONTINUED...  Monitoring online reputation Google Alerts, Tweetbeep  Monitoring employee’s use
  • 16. SOCIAL NETWORKING Let’s look at how Coke handle it - 10 Principles to guide you in your online representation of your Company - Be Certified in the Social Media Certification Program. Follow our Code of Business Conduct and all other Company policies. Be mindful that you are representing the Company. Fully disclose your affiliation with the Company. Keep records. When in doubt, do not post. Give credit where credit is due and don’t violate others’ rights. Be responsible to your work. Remember that your local posts can have global significance. Know that the Internet is permanent.
  • 17. SOCIAL NETWORKING PROTECTION MEASURES  Education is the Key – make sure employees understand the risks  Provide clear guidelines on safe practices on social networking sites  Consequences of violation of guidelines  Crisis management  Conduct regular training for employees  Social media clauses in employment contracts  Disclaimers

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