The ever increasing use of social media by businesses and their employees offers businesses vast opportunities and benefits for growth, prosperity, and customer outreach, yet simultaneously exposes businesses to great risks. 

Risks can be presented when an employee uses social media to discuss your business’s activities and operations, your business’s other employees, or even you as an employer.  Risks can also be presented when an employee uses Social Media to discuss clients, potential clients, or current or potential business deals.  Consider the following:  

  • Your employee is excited about a new client he or she is working on securing – can they Tweet about the client they might sign?
  • Your employee is very upset that your office is not recycling newspapers – can he or she write a blog commenting on how environmentally un-friendly your business is?
  • Your employee tweets: “@ServiceSam Crunch time! 1 hour left until big presentation but far from done.  My plan: wing-it and make stuff up as I go!

Your clients who follow Sam may not be too happy to hear your employees “wing-it” during presentations

  • Your employee dislikes his or her co-worker or dislikes you as a boss – can he or she express these complaints on his or her Facebook profile?
  • Can current employees use social media to recommend the work or employment of former employees?
  • Your employee receives a new laptop from a network marketing program he or she participates in.  This program frequently sends the employee freebies and encourages the employee to blog, tweet, or post about the freebies.  Can the employee blog or tweet about this freebie on your business websites or blogs without mentioning that this is an “endorsement,” (as recommended by the FTC)? 

Despite these risks, social media can be an invaluable business and brand building tool if used properly.  A balance between the benefits and risks must be struck to carefully draft a Social Media Policy (or “Social Media Guidelines) that can minimize risks, can harmonize employees’ rights to freedom of speech with businesses’ rights to confidentiality and protection from employees posting about work related issues yet can concurrently preserve the positive uses of social media.  A Social Media Policy cannot impose so many restrictions that it paralyzes employees from communicating with the public and potential customers, or prevents employees from offering responsive customer service to current customers.  In many businesses, employees need access to social media just like they need access to phones and email.

Because the size, activities, and operations of every business are unique, your business’s Social Media Policy should reflect its unique characteristics in a way that optimizes the benefits of Social Media but sufficiently protects against the risks.  Additionally, your Social Media Policy should correspond with any other documents already signed by your employees, such as employment contracts, Non-Disclosure Agreements or Confidentiality Agreements, Internet Usage Policies, or Email Policies.  It is important to consult a knowledgeable attorney to discuss drafting a Social Media Policy that is right for your business. 

To get you started, here are some general topics to take into consideration when drafting a Social Media Policy or Social Media Guidelines:

  • Define Social Media: Social Media includes any internet based media created and disseminated through social interaction.  Popular Social Media websites include Facebook, Twitter, MySpace, LinkedIn, and YouTube.  But Social Media doesn’t just end there; Social Media also encompasses personal and corporate blogs, interactive calendars, chats, and the like.
  • Ensure that your Social Media Policy compliments and conforms to any existing employment contract, internet usage policy or email policy your business currently uses.
  • Ensure that your Social Media Policy encompasses all stages of employment – from pre-employment to departure from employment.
  • Consider including ways that encourage positive social media use or “social media training” to optimize employees’ use of social media.
  • Inform employees as to the procedure you will follow when reacting to unfavorable social media postings or discussions. 
  • Instruct employees that the misuse of social media can be grounds for discipline or termination.
  • For some businesses, consider regulating employees’ access and use of only certain social media sites and forums for business related purposes.
  • Consider regulating employees’ access and use of social media for business purposes or business and personal purposes during work hours. 
  • Consider requiring employees with personal blog sites to post a disclaimer notification that the views expressed on his or her blog are those of the individual and not the business.
  • Consider reinforcing the importance of employees submitting complaints to appropriate personnel rather than using social media to express dissatisfaction with the business.
  • Instruct employees that they are not to use social media to discuss confidential or proprietary information.
  • Instruct employees that they are not to use social media to discuss confidential or identifying information pertaining to clients.
  • Instruct employees that they are not to use a business email address to register for social media sites or forums that they will access for purposes other than business.
  • Instruct employees that they may not use social media to discuss false information about the business, its employees, customers, or affiliates.
  • Instruct employees to use common sense and good judgment when using social media for business and personal purposes.
  • Appoint someone within the business as the point of contact for overseeing the policy and answering questions regarding the policy.
  • Write the policy/guidelines in plain English!  There is no need to complicate things; make the policy/guidelines easy to read and comprehend.  Use examples, when possible, but emphasize that examples are not comprehensive.  

For new businesses, Social Media Policies or Social Media Guidelines can be incorporated into Internet and Email Usage policies.  For existing companies with current internet and email usage policies, a separate Social Media Policy or separate Social Media Guidelines can be drafted and adopted by the business.