Social Media Policy

What is a Social Media Policy?

A Social Media Policy is a document established by the employer that outlines the rules, practices, and procedures for employees using social media, either on their own time or when representing the employer. In a Social Media Policy, the employer informs employees about the standards that are expected of them while using social media.

Social Media Policies are not generally intended to be contractually binding on employees. Instead, they explain the employer's general rules, procedures and expectations of employees in relation to social media. As a consequence, if the employer fails to follow a particular policy, the employee may not be able to claim that the employer has breached its contractual obligations. However, this also means that if there are specific matters of importance, that should be legally binding on the employee (such as their specific job duties, confidentiality obligations, or conflict of interest obligations), then the employer should make sure that these are addressed in a legally binding document, such as an Employment Agreement, a Confidentiality Agreement or a Non-Compete Agreement.

In addition to a Social Media Policy, many Employers have other documents to address various other employment related matters, such as an Employee Handbook, Drug and Alcohol Policy, or a Discrimination Policy. These documents can work in conjunction with the Social Media Policy.

What is the difference between a Social Media Policy and an Employee Handbook?

An Employee Handbook is a comprehensive document which deals with a wide range of matters at the relevant workplace. It may touch on social media matters but will not usually go into as much detail as a Social Media Policy does.

A Social Media Policy is specifically focussed on social media matters so it usually goes into more detail than an employee Handbook does. In addition, simply having a standalone Social Media Policy sends an important message to employees that the employer takes these matters very seriously.

Is it mandatory to have a Social Media Policy?

While it is not mandatory for Australian organisations to have a written Social Media Policy, it is highly advisable to help manage the use of social media by employees. This can help the employer to manage its online reputation, and to comply with any relevant laws.

Who is involved in a Social Media Policy?

Usually senior members of staff will prepare the Social Media Policy. This could involve senior managers or directors, or a human resources officer.

What can be the duration of a Social Media Policy?

There is no expiry date for a Social Media Policy so it can remain in place indefinitely. However, it should be reviewed regularly to ensure that it is up to date with current laws and with the organisation's current practices.

What has to be done once a Social Media Policy is ready?

Once a Social Media Policy is ready, it should be printed and/or saved electronically and kept on file with the employer, and employees should be made aware of it. For example, any existing employees should be notified of it and given a copy of it. Many employers use a Letter to Employees about New or Updated Workplace Policies to do this. In addition, each time a new employee starts work with the employer, the new employee should be given a copy of the Policy.

If the employer is getting employees to sign this Policy, the employer should get each employee to return a signed signature page, and should keep those signed pages on file.

From time to time, if the employer implements new rules or procedures, it may be necessary to update the Policy. When this occurs, the employer may notify employees of the updates, and release a new version of the Policy. The employer may ask employees to sign a new signature page at that time, to acknowledge the updated Policy.

What must a Social Media Policy contain?

In a Social Media Policy, the employer informs employees about the standards that are expected of them while using social media. The employer should ensure that the document accurately reflects their actual approach to these matters. This may cover such matters as:

• Who the policy applies to.
• General standards for social media use (such as a requirement that employees do not discuss work related matters on social media).
• Whether the employees can use social media during work hours.
• Whether they can use it on the employer's computers or other devices.
• Whether they can publish information about the employer.
• Work related social media use (for example, if the employee manages the employer's social media profiles).
• Whether they can present themselves online as a representative of the employer.
• Consequences for breach of the Policy.
• How employees can seek support or make a report, for example if they have been affected by online bullying or harassment.

Which laws are applicable to a Social Media Policy?

Social Media Policies may be affected by various Australian laws.

For example, if bullying, harassment, victimisation or discrimination takes place via social media, then this may be affected by legislation such as:

• Australian Human Rights Commission Act 1986 (Commonwealth)
• Racial Discrimination Act 1975 (Commonwealth)
• Disability Discrimination Act 1992 (Commonwealth)
• Age Discrimination Act 2004 (Commonwealth)
• Sex Discrimination Act 1984 (Commonwealth)

If defamation occurs via social media, then this may be affected by legislation such as:

• Civil Law (Wrongs) Act, 2002 (ACT)
• Defamation Act, 2006 (NT)
• Defamation Act, 2005 (NSW)
• Defamation Act, 2005 (QLD)
• Defamation Act, 2005 (SA)
• Defamation Act, 2005 (TAS)
• Defamation Act, 2005 (VIC)
• Defamation Act, 2005 (WA)

If an employee's use of social media leads to issues in relation to health and safety, then this may be affected by state or territory legislation in relation to work health and safety. Further information is available from Safe Work Australia.

In addition, the Fair Work Act 2009 (Commonwealth) deals with other employment matters such as unfair dismissal.

Ordinary principles of contract law, as provided by the common law, may also apply to the general terms of the employee's employment.

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