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Social networking navigating the work place minefield


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Social networking navigating the work place minefield

  2. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 15. SOCIAL NETWORKING MANAGING THE RISKS CONTINUED...  Monitoring online reputation Google Alerts, Tweetbeep  Monitoring employee’s use
  16. 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. 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