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The world of social media continues to change rapidly. Businesses need to keep on top of their obligations & remember that it is responsible for its conduct and anything it says under Australian Consumer Law (Consumer Act). This includes:
- Creating the appearance of a relationship with someone (including using that person’s image in a way that might mislead customers).
- Not declaring relationships (e.g. appearing to be independent where there is some kind of endorsement agreement).
- Reviews appearing to be authentic and independent that are not.
Consider these aspects:
INTELLECTUAL PROPERTY and the Company
Do you have the copyright for any photos that you use in your Company, on your website or on your social media? Many photographers retain copyright unless you specifically have it assigned to you. This might be worth checking to avoid a claim for royalties in the future.
SOCIAL MEDIA and the Company
Q – Do you have a process to continually review the content on your social media? Do you have someone to manage this for you? Is your social media reviewed seven days a week?
Many companies now engage in ‘new media’ such as Twitter, Facebook, Linkedin. Due to the 24/7 nature of these, information can be posted at any time on any day so it becomes widely visible to anyone else who views that source – often before it does to the Company. If third parties have the ability to post onto your social media or website pages (e.g. by adding comments), your Company still maintains responsibility for it. So for example, if someone makes a disparaging comment or uses offensive language, etc, your responsibility is to manage it asap.
Did you know that you can also be responsible for comments made about a business on your personal social media pages if many of your ‘friends’ are also business contacts?
Q – Do you post or use photographs from Company events that show your employees, clients and customers, etc?
Consider making a statement on your Company’s website that you periodically post photos of events and that people should advise you if they do not wish to be photographed (this is easier than getting permission from each person). NB. In Australia, people don’t usually have protection however, some places do so also consider where you’re taking photos to use to promote your business!
SOCIAL MEDIA and your employees
Q – Do you have a policy in place outlining employees’ responsibilities to making public comment about your business and when using social media?
Tie your social media policy into employee contracts so that if they bring the good name of your business into disrepute, you have a means of dealing with it. Examples of this may be:
- Employees who comment publicly about the Company on their private social media pages (and may give the impression that they are speaking on the Company’s behalf).
- Employees who comment on the Company’s behalf (be clear with employees whether they can do this or not, and whether they can make public or private comments).
- Employees who engage in inappropriate activity that becomes public and who can be identified as your employees (e.g. wearing the Company’s uniform).
Q – Does your policy require employees to delete all business contacts from their social media forums when they leave your business?
Unlike when employees would have to copy data onto a disk to take this with them when they leave, this is now less clear cut. This is a tricky one but you need to be clear about your expectations relating to contacts made through being an employee of your business. E.g. if an employee uses your customer database to build their own LinkedIn contacts, what are your expectations relating to those contacts/customers when the employee leaves? This may be a particular concern if the employee moves to a competitor.
If you don’t have a social media policy currently, please consider writing one. If you would like some support to do this, please get in touch as I’d be happy to do this for you.