When the need for Social Media Policies started about three years ago, it was the outside law firm or in house lawyer who usually got the call to draft the document. But over the last few months, I've been seeing an increasing number of requests for policy templates from HR, IT, and even the Marketing departments.
While (speaking from the in house legal pulpit) it's a good idea to run your policies through legal, the good news is that simple policies can be drafted to cover some of the bigger risks. Here are the issues that the policy should consider:
a. The policy should begin with a discussion of thecompany’s orientation towards social networking. Describe the company’s communication goalsand benefits that may be derived from social networking. Include, if relevant, internal departmentsthat benefit from social media and any initiatives that may be in place toimprove communications. (Twittering or texting, for example, may be aninexpensive and reliable way to communicate widely in case of a companywidecrisis.) Then itemize a non-exclusive list of risks that are posed byuncontrolled postings into social networking.
2. 2. COMPANYEMPLOYEES SHOULD COMPLY WITH ALL EXISTING COMPANY POLICIES.
a. Make a list of existing company policies. Emphasize that social media should not beused as a means to run around existing policies. Use examples such as teams setting upcollaboration sites outside of company authorized applications, or banning HRfrom using Facebook to screen job applicants.
b. The Employee Code of Ethics should be referencedand attached to the policy
3. 3. USEPERSONAL EMAIL ADDRESSES ONLY ON SOCIAL NETWORKING SITES.
a. Company email addresses should be used only forcompany related communications---much as a company letterhead in theink-and-paper days.
b. Also, company emails are subject to differentretention policies. Does an employeereally want their personal blogs subject to a litigation hold?
4. 4. DO NOT USETHE COMPANY LOGO OR TRADEMARK WITHOUT WRITTEN CONSENT
5. WRITE INTHE FIRST PERSON AND USE A DISCLAIMER
a. Distinguish between personal opinions and thosethat represent the company’s official position.
b. Use a disclaimer reviewed by the company. The disclaimer should clearly state that theopinion is that of the author and does not represent the view of the company.
6. 6. WHEREAPPROPRIATE, DISCLOSE ASSOCIATIONS WITH THE COMPANY
a. When discussing company activities, shoulddisclose connection to company and role within company
b. Postings should not attempt to conceal conflictsof interest
c. If posting is going to be negative about thecompany, consider distancing yourself from the company first
d. Use good judgement and strive for accuracy incommunication
i. Errors and omissions reflect poorly on thecompany and may expose the company to liability
7. 7. RESPECT YOUR STAKEHOLDERS
a. Do not disrespect competitors, customers,vendors, business partners, and other stakeholders in the company
b. Do not reference, cite, or post images of stakeholders without their express written consent
8. RESPECTINTELLECTUAL PROPERTY RIGHTS
a. Where appropriate, reference and cite sources
b. Do not upload materials without permission
c. All postings should comply with the company’sapplicable confidentiality, privacy, and disclosure policies
Again, speaking from in house, these policy considerations are bandages and merely sets the groundwork for a more comprehensive approach. A good policy is a balancing act between protecting the company and letting associates communicate (and maybe market a little) with the outside world.
I'll post some ideas on how to do that next time.