Blog with caution

South Africa has seen its first social networking-based lawsuit, where a user was charged with crimen injuria and common assault. The charges were laid after he posted defamatory messages on Facebook about his boss.

So says Liza van Wyk, CEO of South African training organisation AstroTech. “This is just one case of a growing list where people have come under fire with lawsuits, job losses, demotions, and benefits suspensions because of their misconduct in the global social networking arena.”

She says social networking gives people a false sense of family and comradeship, where they feel part of a safe community. This can give rise to people providing information or posting pictures that are often ill-advised because they think their message will remain within their social group of friends.

She cites another example. “An IBM employee in Quebec suffering from depression was cut off from her medical benefits. Her medical aid provider said they had seen photos of her at several social occasions where she appeared happy. The company confirmed it regularly went through social networking sites to look for those who abused their benefits.

"If you are in an employer, employee relationship, not just on Facebook but blogging, you have to remember to always act in the employer's best interest, that is a common law compulsion,” says IT lawyer Warren Weertman.

Weertman advises users to bear in mind the Regulation of Communications Act, which allows employers to intercept and monitor communications. This includes what is posted on a blog, e-mails, telephone calls, Internet activity and faxes. “Copyright laws also apply. Employees should not disclose company information as it can be subject to the Copyright Act. And disclosing other company information could be a breach of an employee's fiduciary duties."

He says companies must have clear social networking policies and procedures around blogging and social networking, to establish guidelines around what employees can and can't do. "We need to make employees aware that if they infringe on a policy there will be consequences."

Weertman highlights that policies should caution the divulging of sensitive information from the company. If employees want to blog work-related content, they should seek written approval from their manager.

Employees need to be aware that if they have something on a private blog, it doesn't reduce their liabilities. If their conduct is considered inappropriate for their status, they may find their employer taking action against them, he concludes.