Understanding Ethical and Legal Issues Related to Social Media
There is probably some truth to social-
A 2014 report by the law firm Proskauer Rose LLP, “Social Media in the Workplace Around the World 3.0,” surveyed some 150 companies from the United States and many other countries. Here are some of the survey findings (Proskauer Rose LLP, 2014, p. 2):
More than 80 percent of employers have social-
More than 40 percent of employers monitor their employees’ use of social-
One-
Half of the employers reported problems caused by misuse of social media by employees. Seventy percent of businesses have had to take disciplinary action against an employee for misuse of social media.
Over the next few years, organizations will revise their policies about how employees may use social media in the workplace, just as courts will clarify some of the more complicated issues related to social media and the law. For these reasons, what we now see as permissible and ethical is likely to change. Still, it is possible to identify a list of best practices that can help you use social media wisely—
Using Social Media Ethically and Legally
These nine guidelines can help you use social media to your advantage in your career.
Keep your private social-
Read the terms of service of every service to which you post. Although you retain the copyright on original content that you post, most social-
Avoid revealing unauthorized news about your own company. A company that wishes to apply for a patent has, according to the law, only one year to do so after the product or process is first mentioned or illustrated in a “printed publication.” Because courts have found that a photo on Facebook or a blog or even a tweet is equivalent to a printed publication (Bettinger, 2010), you could inadvertently start the clock ticking. Even worse, some other company could use the information to apply for a patent for the product or process that your company is developing. Or suppose that on your personal blog, you reveal that your company’s profits will dip in the next quarter. This information could prompt investors to sell shares of your company’s stock, thereby hurting everyone who owns shares.
Avoid self-
Avoid defaming anyone. Defamation is the legal term for making false statements of fact about a person that could harm that person. Defamation includes libel (making such statements in writing, as in a blog post) and slander (making them in speech, as in a video posted online). In addition, you should not re-
Don’t live stream or quote from a speech or meeting without permission. Although you may describe a speech or meeting online, you may not stream video or post quotations without permission.
Avoid false endorsements. The Federal Trade Commission has clear rules defining false advertising. The most common type of false advertising involves posting a positive review of a product or company in exchange for some compensation. Also common is endorsing your own company’s products without stating your relationship with the company (U.S. Federal Trade Commission, 2009).
Avoid impersonating someone else online. If that person is real (whether alive or dead), you could be violating his or her right of publicity (the right to control his or her name, image, or likeness). If that person is a fictional character, such as a character on a TV show or in a movie, you could be infringing on the copyright of whoever created that character.
Avoid infringing on trademarks by using protected logos or names. Don’t include copyrighted or trademarked names, slogans, or logos in your posts unless you have received permission to do so. Even if the trademark owner likes your content, you probably will be asked to stop posting it. If the trademark owner dislikes your content, you are likely to face a more aggressive legal response.
Finally, a related suggestion: avoid criticizing your employer online. Although defamation laws forbid making untrue factual statements about your employer, you are in fact permitted to criticize your employer, online or offline. The National Labor Relations Board has ruled that doing so is legal because it is protected discussion about “working conditions.” My advice: if you’re angry, move away from the keyboard. Once you post something, you’ve lost control of it.
However, if you think your employer is acting illegally or unethically, start by investigating the company’s own resources for addressing such problems. Then, if you are still dissatisfied, consider whistle-