Why your Business Needs a Social Media Policy

admin07 — Tue, 23 Nov 2021 06:21:06 +0000

There’s no denying that social media connects us, informs us and of course, entertains us.

What was originally used by individuals for personal use has now expanded to use by businesses to advertise – and often with great results.

However, social media should always be used with caution. You probably know about stranger danger already, but what about the repercussions of social media defamation?

Want to know why your business should have a social media policy?

Find out with the Legal Affairs defamation lawyers at Legal Affairs Lounge by reading on.

What is a social media policy?

A social media policy is loosely defined as a clear and concise document considered as part of the businesses employment and human resources policies.

Within it, employee responsibilities are outlined, which must be followed when dealing with social media. This includes inside and outside of business hours, for business-related social media posts and comments, and also employee’s personal social media activities accessible by the public.

Both individuals and companies alike have faced the repercussions of unsavoury social media activities. Contrary to popular belief, we all can’t hide behind our computer screens or mobile devices, especially when a potential defamation case is on the cards.

The main goals of a social media policy

There are four main goals of any good and solid social media policy.

What are they?

To educate employees

Employees must be made aware of the reality of legal and security risks associated with social media usage. A good social media policy will outline best practices to protect themselves and their employer/the company.

Thinking before posting should be stressed which includes but isn’t limited to avoiding confidentiality breaches, posting insensitive comments and conflicts of interest.

Protect employees

A social media policy not only protects a business’s integrity and reputation but can do the same for employees. Talk to your business lawyer about how this policy can protect employees from online bullying, harassment and potential defamation.

Protect your company from litigation

A social media policy provides the justification needed to dismiss an employee for improper social media use, while minimising legal risks for the business.

Protect the company brand

Employees should not post, like or comment online in a way that negatively impacts their company’s brand. A social media policy clearly defines the consequences of employees doing just that.

Make sure each employee as read and understood your company’s social media policy and can access it at any time. Your local, trusted business lawyer is able to devise and help you implement a clearly defined social media policy.

Need help with social media defamation?

If you believe someone is defaming you and/or your business, or you’re accused of doing likewise to someone else – you need the expert guidance of a defamation lawyer.

Legal Affairs Lounge have the professional expertise and experience in handling these situations whether it’s social media defamation, civil defamation or defamation of character.

Looking for a defamation lawyer on the Legal Affairs ?

Contact Legal Affairs Lounge today for proactive, professional legal services which encompass social media defamation, civil defamation and defamation of character.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

Why you Should Think Twice Before Posting on Social Media

admin07 — Sun, 01 Dec 2019 22:50:29 +0000

Social media definitely brings us together, but it can also tear us apart. You need only spend some time on one or two popular social media platforms to see ugly, inappropriate posts, comments and opinions. Failing to choose your words wisely can not only hurt others, it can also put you at risk of being sued for defamation. Want to know more about why you should think twice before posting on social media? Find out more about defamation from your trusted Legal Affairs lawyers below.

Defining defamation

Taking the action of damaging a good reputation of someone is defamation. Defamation, according to the Defamation Act (2005) is complex but definable. It’s also used interchangeably with similarly defined terms – slander and libel.

With civil defamation, there’s three specific factors which must be proven on the balance of probabilities for defamation to be established:

Material must be published (which also includes oral communication) to at least one person who isn’t the party being allegedly defamed.
Said publication must be comprehensible, whether it’s oral or written communication, in print, digital channels or otherwise.
The material must be able to identify the individual being defamed either indirectly or directly or hold the capacity to do so.

In terms of criminal defamation, a maximum penalty of three years imprisonment can be issued to anyone who, without lawful excuse, publishes defamatory material of another living being:

Knowing the information is false, and
With the intent to cause serious harm to the victim.

The implications of defamation

The oral or written material under investigation must be deemed defamatory to the ordinary, reasonable person.
In summary, the material is likely to:

Adversely affect the person’s reputation in the eyes and minds of right-thinking members of society
Cause the person to be avoided by others, shamed and shunned
Damage their professional reputation with the suggestion of lack of skills, qualifications, knowledge, capacity, judgment and efficiency in their trade, business or profession

Did you know there currently sits a limitation period of one year to take civil action over defamation? This can, in some cases, be extended to up to three years under certain provisions.

The role of social media in defamation cases

Naturally, in a free country like Australia – we have flexibility to express how we feel about a certain person or event, to whoever will listen, online and in person. Yet, every time you make your negative thoughts known online and they explicitly or indirectly reference an identifiable person, you put yourself at risk of a defamation case.

It’s not just social media giants and media companies that run the risk of defamation cases, it’s the ordinary Australian who have their own social media accounts too. Personal social media account users are considered ‘publishers’ and therefore can be held responsible for successful defamation rulings within Australia. This is why thinking twice before publishing a potentially defamatory comment or post online. Not only to avoid hurting others, but to protect yourself too.

Have you been implicated in a defamation case in one way or another? Looking for a lawyer who offers personalised legal services, particularly surrounding civil defamation, defamation of character and social media defamation?

Contact your local Legal Affairs lawyers, Legal Affairs Lounge today.