Page 47 - Q&A.indd

Regulating social media abuse in
the workplace

February 2017

“I have a growing concern not only about the time my
employees are spending on social media sites but also about
the risks for my business if an employee should not conduct
themselves appropriately whilst online. How do I strike a fair
balance as an employer between allowing social media use Commercial
and protecting my business interests?”

Your concerns are not unfounded as social media (ab)use can
negatively impact on employee productivity and inappropriate
employee social media conduct can pose a business risk for an
employer.

Internet usage via an employer’s infrastructure can be regulated by
the employer. This will require a consent clause in the employee’s
employment contract, or an internet usage policy by the employer
that sets out the what, when and by whom the employer’s internet can
be accessed and used. Additionally, the employer can also monitor
internet usage to determine violations of the policy. When it comes
to internet usage monitoring, it is important that such monitoring be
within the prescripts of the law and does not amount to a violation of
employee privacy and be done with a specific focus in mind, namely
to identify incorrect usage.
But, irrespective of monitoring, employees can still access the internet
at home and via their own devices and thereby pose a risk for the
employer, whether through embarrassment or the loss of a key client or
though careless social media conduct or even liability for harassment
or the defamatory conduct of an employee on social media.

To protect itself against such conduct an employer must therefore also
consider implementing a social media policy which regulates if and
when employees may use social media during work hours, what they
are allowed to do or not do on social media and clearly setting out the
consequences of a breach of this policy by employees.
By clearly regulating not only internet usage but also acceptable social
media conduct by its employees, an employer can go a considerable
distance towards protecting itself from the risks of inappropriate
employee social media conduct.

41