It is important to be wary of the legal risks and implications that the use of social media can have in an organisation, and to take appropriate steps to guard against such liabilities.
So said Rosalind Davey, a partner at Bowman Gilfillan law firm, who was presenting at the e- Commerce Law and Regulations Seminar in Johannesburg this week.
According to Davey, there has been an increase in social media use in SA with Facebook growing from 6.8 million users in 2013 to 9.4 million users in 2014. Twitter has shown the highest growth - an increase of 129% in 12 months from 2.4 million users in 2013 to 5.5 million users in 2014.
She pointed out that the use of social media has facilitated the emergence of new channels for business and marketing.
However, she warned, as much as companies stand to gain from the ease, speed and cost effectiveness of social media, economic gain can just as quickly be lost on embarrassing industrial and public relations crises, as well as litigation, where the use of social media is not properly managed.
She revealed that online conduct is governed by the same laws as offline conduct found in the constitution, and overstepping the right to freedom of expression may render the author liable for defamation.
"Freedom of expression does not afford carte blanche to say what you please," says Davey.
She advised that when using social media, employees need to be mindful of the fact that what they say and do on social media may have negative repercussions for them and their employer.
"Stay clear of negative, defamatory or controversial postings, salacious tweets and malicious statements. Social media is 'the written word' and it is akin to a publication. A wrong tweet, a misguided comment, an incorrect fact; once posted could go viral, resulting in possible brand damage, a defamation suit or liability for cyber-bullying," said Davey.
According to Davey, statements made on social media can spread worldwide very quickly and once posted, a comment may go viral which could result in significant and irreparable damage.
She added that a company is at risk of being held to be vicariously liable for discrimination, harassment or defamation on social media platforms where the employee's conduct occurs "during the course and scope of employment".
Derogatory comments made on social media platforms may be a fair reason to dismiss, warned Davey. She suggested that employees exercise considerable care in using social networking sites for making comments or conducting conversations about their managers and fellow employees.
In conclusion, Davey urged organisations to educate as well as train their employees on responsible social media use, and also implement and enforce a social media policy.
These and other issues will be discussed at ITWeb Social Media Summit 2014, on 25 June, in Bryanston. Book your seat today.
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