The Essential Elements of a Social Media Policy

For a company considering the implementation of a social media policy, the issue is the regulation of its employees’ online behavior.  Reasons for employers to develop a social media policy include curbing harassing, discriminatory and defamatory postings, warning employees of disciplinary consequences for releasing confidential and proprietary information and trade secrets, and putting employees on notice as to what the employer expects should and should not be posted about the employer online.  Also, the employer must determine the person responsible for managing its social media policy.

A company’s social media policy for its employees should address the following elements:

• Definition.  First and foremost, the employer needs to define what constitutes “social media” for purposes of its policy.  Will it be limited to Facebook, Twitter, LinkedIn, etc., or does it include blogs, comments on websites, and the like.
• Content Restrictions.  The employer is going to be concerned with what its employees are posting online.  Certainly, derogatory references to the employer, other employees or even particular association clients should be prohibited, with disciplinary procedures established for violations. 
• Time, Place and Manner Restrictions.  A significant issue for employers regards the use of social media at work.  Should everyone have full online access throughout the work day, or should usage of social media sites be limited to those designated spokespersons.
• Spokesperson Designation.  If the employer has a marketing/business development person on staff, he/she is likely best positioned to be the “official” company spokesperson.  If such a designation is made, the employer’s policy may require others to post a disclaimer that their posts/comments/tweets/etc. are their own personal opinions and not those of the company.
• Confidentiality Guidelines.  It is essential that the company’s employees do not disclose the company’s confidential information online.  For example, if your company is responding to an RFP for a particular association, employees should not be commenting about it online, as there is no better way to tell the competition of an opportunity to take business from your company than to tell them about it before the company has closed the deal.
• Legal Compliance.  Employees need to be mindful of intellectual property issues, particularly copyrights and trademarks.  Make sure that posters have permission to post copyrighted or trademarked works.

Finally, for employers, the social media policy should be included in the company’s employee handbook, and every employee should acknowledge in writing that they received and read it.  Any changes to the policy should be communicated to employees and their written acknowledgement as to changes should also be required.

If you are unsure about how to craft your policy, ask any human resources professional or employment attorney for assistance.  These professionals regularly draft and review social media policies and employee handbooks.

NOTE:  the information contained herein is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting the proprietor of this site does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.