social media


AVOID THOSE SOCIAL MEDIA TRAPS...


Businesses need to tread very carefully when using social media to promote themselves, says Ashley Harkus, managing partner of Everett Tomlin Lloyd & Pratt Solicitors...


T


witter and Facebook are now seen by many as an inexpensive and effective way of reaching out to their clients but care needs to be taken to make sure


your business doesn’t open itself to the risk of being taken to court for damages, or even worse, prosecuted. Some recent high profile cases serve to


highlight the potential problems. The internet is full of jokes and comment


about topical issues, but sometimes what may appear to be a flippant remark can backfire. No business would want to be in the


same position as Sally Bercow, the wife of the House of Commons speaker John Bercow, facing a costly libel action in the high court for commenting on an internet rumour involving a public figure and accusations of alledged child abuse. No employee would want to be in court explaining why a joke about an airport was just a joke, either. Anyone with access to a computer or


smart phone can set up a Twitter or Facebook account in minutes. When information is in the public domain


there is little control over how many people receive it. Comments or tweets made with the


intention of damaging another business through false statements could result in a claim for damages for loss and compensation. Similarly sending misleading or untrue marketing could breach either the Consumer Protection from Unfair Trading Regulations or the Business Protection from Misleading Marketing Regulations. This could lead to a damages claim or even prosecution. It is equally important that businesses make sure that they don’t infringe other the trademarks or copyrights of other businesses by either copying or repeating their


36 THEbusiness QUARTER


images or comments. It has recently been reported that sites


like Trip Adviser, which allow members of the public to post comments, are equally open to abuse. There has been considerable debate, both about allegedly false postings being placed by hotel or B&B owners giving overly glowing reports of the service they offer or alternatively defamatory and untrue remarks made by their rivals in an effort to undermine their businesses.


‘Businesses have


to ensure they have properly policed policies ensuring anything put into the


public domain via their Twitter Facebook or blogs is lawful’


Employers need to be careful that


information put into the public domain doesn’t reveal personal or confidential information in relation to their clients without their permission or there would be a breach of Data Protection laws which can result in fines and a criminal conviction. There are a growing number of cases of


employees losing their jobs for openly criticising their employer on social media or for misusing their work computer. There is also a direct cost to business of unauthorised use. ACAS estimated last year that personal internet and


social media use in work cost businesses £14bn in lost time. Even worse consequences could follow


if an employee sends a round robin ‘joke’ containing material that is grossly offensive, obscene or indecent. A recent study from Nottingham University reported that eight out of 10 employees had received an email from a colleague in the last six months that they considered offensive and or could amount to bullying. Any employer who is aware of this will need to deal with these issues or face grievances or even constructive dismissal claims. Businesses have to ensure they have


properly policed policies ensuring anything put into the public domain via their Twitter Facebook or blogs is lawful and need to limit access to their accounts and agree in advance what is acceptable and what is not. Although figures show that two thirds of


businesses have an internet usage and social media policy, it is important to make sure the policy is up to date and that staff are aware of the importance of complying with the policy. All business should ensure that their Twitter


and Facebook accounts or blogs are only accessible by authorised employees and there are clear guidelines and rules about what can and can’t be said. The policy must make it clear that


comments made on personal accounts either in or out of work hours, may amount to misconduct. A comprehensive IT and social media policy


will ensure that employees know what they are permitted to do and what they are not. It should also allow employers to monitor all


emails sent via their systems. Employees need to receive training on what is acceptable and what could be seen as a risk to the business.


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