7 legal issues you should know about social media

The Legal Aspects of Social Media

7 things you need to know

Social Media Today ConferenceRochester, New YorkNovember 11, 2009

Friday, November 13, 2009

1. Don’t ignore social media


A fundamentalist is a person who considers whether a fact is acceptable to their faith before they explore it. As opposed to a curious person who explores first and then considers whether or not they want to accept the ramifications.

--Seth Godin


2. Be ethical


3. Do not defame


Source:NY Business Law Blog:www.nylawblog.com


http://www.nylawblog.com

http://www.nylawblog.com

4. Do not offend


Source: http://www.youtube.com/watch?v=7SeL6i3sHM0&feature=PlayList&p=BEA63222CFE1FEA8&playnext=1&playnext_from=PL&index=11


5. Don’t restrict employees’ access


6. Implement a reasonable social media policy


Question: What options does an employer have if an employee makes negative comments about the company or criticizes the company via a blog, Web page, etc.?

In New York - N.Y. Labor Law § 201-d(2)(c): Employers in New York can’t take adverse action against an employee due to the employee's engagement in legal recreational activities as long as the activities occur outside working hours, do not occur on employer's premises, and do not use employer's property. N.Y. Lab. Law § 201-d(2)(c).

Recreational activities are defined as "any lawful - leisure time activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, included but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies, and similar material." § 201-d(1)(2).

The law, however, does not protect "activity which ... creates a material conflict of interest related to the employer's trade secrets, proprietary information or other proprietary or business interest" and New York courts do not recognize employee dating as a recreational activity. N.Y. Lab. Law § 201-d(3)(a); State v. Wal-Mart Stores, Inc., 207 A.D. 2d 150, 621 N.Y.S. 2d 158 (1995). Therefore, enacting a well-phrased anti-fraternization workplace policy will not violate this statute.


A good social media policy should:

• Tell employees to exercise good judgment and common sense in all electronic communications;

• Emphasize potential reach and impact of information sent over the Internet;

• Ensure employees understand that they have no reasonable expectation of privacy regarding electronic communications in the workplace;

• Notify employees that they must not use electronic communications in any manner that is unlawful or contrary to the company's interest;

• Inform employees that they cannot use electronic communications to violate the company's anti-discrimination policy;

• Require employees to sign consent forms regarding workplace and work equipment monitoring;

• Specify the consequences if company policy is violated; and

• Apply the policy equally to all employees within the company.


• Online Database of Social Media Policies: http://socialmediagovernance.com/policies.php?f=0 (http://bit.ly/doPyN)

• Social Media Policy Templates: http://socialmediagovernance.com/policies.php?f=6 (http://bit.ly/4oOR7O)


http://socialmediagovernance.com/policies.php?f=0










7. Be aware of applicable laws, rules and regulations


Thanks for listening!

Nicole BlacklawtechTalk

www.lawtechtalk.com
