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In the Boardroom

Date: Friday, October 7, 2011, 6:00am EST

When a policy for social media is a good thing.

Premium content from The Business Journal - by Ruth Kinzey, Contributing writer

AT&T’s recent commercial promoting its HTC-photo/video-posting-Facebook capability shows a snoring young man’s photo taken by friends and posted on Facebook. The technology demonstrates how easily and quickly a picture can be taken and shared with a huge audience via the Internet, while the focal point of the photograph is oblivious to what happened.

Although social media greatly enhances a company’s ability to react quickly to emergencies and to respond rapidly to potential catastrophes, it also allows individual employees to drive company communication. Even when well intentioned, this type of social media interaction could have incredibly negative business implications. Its outcome could inaccurately or unnecessarily ruin a company’s image, smear an individual’s reputation, invade personal privacy, impede an investigation or undermine a negotiation.

And depending upon the situation, these actions could be either legally protected or lead to lawsuits.

For example, an employee complaining of layoffs in a personal blog or posting pay ranges on Facebook might be protected by state regulations, free speech laws or protected concerted activity rulings.

A sympathetic first-responder or tow truck driver takes a picture of accident victims and posts it. But, the posting of this injured mother and child could be considered an invasion of privacy and disclose the identity and injuries of a minor.

An engineer posts a work photo on a social media site. A competitor, using specialized software, is able to zoom in on a highly confidential schematic in the background. What happens when the competitor uses this information to impact the market?

A disrespectful antic of an individual is shared on YouTube, belittling the ethnicity and religious beliefs of a co-worker. The video includes the employer’s logo. Who could be sued?

So how can an organization protect itself against such scenarios? Obviously, there is not a fail-safe answer. And, how one company opts to approach employee use of social media will not necessarily work for another.

To help a business determine what stance it should assume, Robert Bisanar, an attorney with Ogletree, Deakins, Nash, Smoak & Stewart in Charlotte, suggests the following questions be considered:
  • Do you need to control employee use of social media?
  • Can you control employee use of social media?
  • How should employee use be controlled?

Interestingly, even if you haven’t created a policy or formulated guidelines yet, that action — in itself — establishes a social media policy. But, if a determination is made to implement a written policy, it’s critical that both current and potential social media uses be considered. That way, thorough guidance can be provided.

For instance, if your salesforce uses Twitter to engage customers, are these employees clear on content parameters? And, who will have password access to the corporate website or be permitted to post information?

Ensuring the work force is educated on the parameters of social media use is important as well. For example, if your human resource vice president writes an internal blog, do employees understand these postings are to stay inside the company?

And, do employees know that use of a phone camera or tweeting during a crisis may not be allowed? Also, what — if any — repercussions are there should an employee disregard these standards?

Finally, even if you have social media standards in place, you can’t "snooze." You must routinely review your policy and adjust the parameters to ensure it addresses technological advancements and changes in employee use. Plus, as Bisanar explains, the legal implications of many aspects of social media have yet to be determined. This creates a changing landscape that further complicates re-evaluation.

Today’s world of social media has created incredible marketing opportunities and positive communication possibilities. But, this powerful tool can’t be taken for granted or managed by happenstance. The company’s position and, if appropriate, its policy must be thoughtfully developed so the business can be prepared for potential social media issues.


Ruth Kinzey is a corporate reputation strategist, consultant, and professional speaker. Want to hear more about a specific topic? She can be reached at (704) 763-0754.

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