GB - presentation

1. SOCIAL NETWORKING
MANAGING THE WORK PLACE MINE FIELD
GAVIN BARNES
DIRECTOR
REDCHIP LAWYERS PTY LTD

2. SOCIAL NETWORKING
INCREASED PRODUCTIVITY?
Surfing the internet for NON WORK purposes during office
hours increases productivity.
WILB – Work place internet leisure browsing allows you to
rest your mind by taking a short break = higher TOTAL NET
CONCENTRATION = productivity
Blurs the Boundaries – Work Life v Personal Life

3. SOCIAL NETWORKING
SO WHAT’S THE ATTRACTION?
(Australia Psychological Society)
18 – 30 97% use SNS
 31 – 50 81% use SNS
 Stay in Contact – Keep in Touch
 54% more confident on line than in person
 Treated better online than in person

4. SOCIAL NETWORKING
HOW DOES IT WORK?
 It’s how people connect, make friends, join
groups and locate associates online.
 Social Networking Sites:
 Facebook (over 500 million users)
 Twitter (over 175 million users)
 Linkedin (over 100 million users)

5. SOCIAL NETWORKING
SO WHAT LEGAL RISKS ARE WE TALKING ABOUT....
Employee Risk Third Party Risk
1. Misleading Deceptive Conduct  
2. Defamation  
3. Confidential Information  
4. Privacy  
5. Damage to Reputation  
6. Cyber Bullying  
7. Copyright Infringement  
8. Discrimination  
9. Unlawful Dismissal Claims  

6. SOCIAL NETWORKING
BUSINESS RISKS
 Misleading Conduct.
 ACCC v Allergy Pathway Ptd
Ltd - Businesses are responsible for
material posted by 3rd parties
posted on their Facebook
Page.
 You are responsible where you
have CONTENT CONTROL.

7. SOCIAL NETWORKING
INTERNET DEFAMATION
Dow Jones v Gutnick – publication of online material
occurs at the point of download of information by
end-users.
 Who can be sued – employers, employees and web
hosts.
 Fake Facebook Page - Applause Stores & Firsht -v-
Grant Raphael (UK)
 Horizon Group -v- Bonney (Twitter Comments)
 Anonymous defamatory comments – Moir &
Datamotion -v- Gladman (Forum Blogger)

8. SOCIAL NETWORKING
PRIVACY
 Privacy Act 1988
 Collection of a persons’ personal
information by an employer from SNS
 Individuals exempt but organisations may
have to comply with the National Privacy
Principles
 No tort of breach of privacy in Australia

9. SOCIAL NETWORKING
LOSS OR MISUSE OF CONFIDENTIAL INFORMATION
 Customer lists can constitute confidential
information – NP Generations -v- Feneley
 Hays Specialist Recruitment -v- Ions (UK) –
LinkedIn
 TEK Systems Case – communication with former
clients via Linkedin
 Leaking sensitive information – US State
department officials tweeting about trip to Syria

10. SOCIAL NETWORKING
COPYRIGHT
© Creator of the work is the copyright owner.
© Facebook -v- Power Ventures – Facebook does not
own copyright on user content.
© Employees may upload copyright material without
permission.
© Employers vicariously liable – in the course of
employment.
© ‘fair dealing’ – criticism, review, news reporting,
parody and satire.

11. SOCIAL NETWORKING
REPUTATION DAMAGE
 2009 Deloitte Survey – 74% of employees said it’s
easy to damage a company’s reputation on social
media.
 Domino’s video scandal (US) – youtube video of
unhygienic food preparation – 1,000,000 viewers.
 Singapore National Newspaper Twitter accident –
‘omg.F*** you all. Seriously’ to more than 46,000
Twitter followers.

12. SOCIAL NETWORKING
PERSONAL RISKS
General Rule
 You can’t be terminated for out of work conduct
 Discrimination
Fair Work Act 2009 – Adverse action claim
Be careful who you say no to – accepting & rejecting
invitations
 Employment – unfair dismissal
Escape Hair Design -v- Sally-Anne Fitzgerald
 Cyber bullying
Workplace Health and Safety Act 1995 (Qld)
Australian Manufacturing Worker’s Union survey

13. SOCIAL NETWORKING
BENEFITS
University of Melbourne Study
 Workplace Internet Leisure Browsing (WILB)
 Awesome Brand building – Viral marketing
 The ‘Tipping Point’ – creating the epidemic –
very low cost and highly leveraged

14. SOCIAL NETWORKING
MANAGING THE RISKS
 Social media policies
 Commonwealth Bank – forced to amend their policy -
‘unreasonable’.
 Blocking -v- NOT Blocking
 73% of Australian workers access social networking sites
 48% did not officially allow access
 Employees choose employers that allows access to social
networking sites
 250 million users accessing Facebook through mobile
devices

15. SOCIAL NETWORKING
MANAGING THE RISKS
CONTINUED...
 Monitoring online reputation
Google Alerts, Tweetbeep
 Monitoring employee’s use

16. SOCIAL NETWORKING
Let’s look at how Coke handle it -
10 Principles to guide you in your online representation of your
Company -
Be Certified in the Social Media Certification Program.
Follow our Code of Business Conduct and all other Company policies.
Be mindful that you are representing the Company.
Fully disclose your affiliation with the Company.
Keep records.
When in doubt, do not post.
Give credit where credit is due and don’t violate others’ rights.
Be responsible to your work.
Remember that your local posts can have global significance.
Know that the Internet is permanent.

17. SOCIAL NETWORKING
PROTECTION MEASURES
 Education is the Key – make sure employees
understand the risks
 Provide clear guidelines on safe practices on social
networking sites
 Consequences of violation of guidelines
 Crisis management
 Conduct regular training for employees
 Social media clauses in employment contracts
 Disclaimers