Set guidelines for social media use by employees: Social Media Policy
What is a Social Media Policy?
You own a business and know that social media is a serious part of marketing, and that having a Social Media Policy in place is essential. Social Media Policies can help you control how your employees behave on social media in a way that is transparent and agreed upon by all parties.
You may be legally responsible for what your employees post online, so it's best to communicate your expectations and reduce your potential liability with a Social Media Policy, whether your business has an online presence or not. Overall, it can help you define the terms, rules, and appropriate uses of this tool with your employees.
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When to use a Social Media Policy:
- You want to establish guidelines for how members of the company should engage in social media.
- You want to manage or monitor the way your employees talk about your company online.
- You want to prevent employee misuse of social channels as it relates to your company and its business interests.
- You want to retain your social media (Twitter, Facebook, YouTube, etc.) contacts when employees or service providers manage your social media accounts.
Sample Social Media Policy
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Social Media Policy
At (the "Company"), we know that online social platforms, including blogs, wikis, message boards, video and photo sharing websites, and social networking services, are constantly transforming the way we interact. We also recognize the importance of the Internet in shaping the public view of our company. The Company is committed to supporting your right to interact responsibly and knowledgeably on the Internet through blogging and interaction in social media. We want our members to share and learn from others in order to build a valuable online community.
The purpose of these guidelines is two-fold: First, the Company has an aim to protect our interests, including, but not limited to, the privacy of our employees and confidentiality regarding our business purpose, plans, partners, users, and competitors. Second, these guidelines will help you make respectful and appropriate decisions about your work-related interactions with people on the Internet.
Your personal online activity is your business. However, any activity in or outside of work that affects your performance, the performance of others at the Company, or the Company's business interests are a proper focus for this Social Media Policy. You must always assume that your work-related social media activity is visible to the Company as well as current and potential employees, clients, partners, prospects, and competitors. The Company reserves the right to direct its members to avoid certain subjects and remove inappropriate comments and posts. Our internal policies remain in effect in our workplace.
Guidelines for Discussing on the Internet
| - | You are not authorized to speak on behalf of the company without express permission from Manager. |
| - | If you have permission to discuss the Company and / or our current and potential business activities, employees, partners, clients, or competitors, please follow these guidelines: |
| o | Identification: Identify yourself. Include your name, and when appropriate, state your role or title within the Company. |
| o | Disclaimer: Use a disclaimer that "the views you express on the particular website are yours alone and do not represent the views of the Company." |
| o | Proof: Support any statements made online with factual evidence. |
| o | Also, let your manager know about the content you plan to publish. Your manager may want to visit the website to understand your point of view. |
Guidelines for Confidential and Proprietary Information
| - | You may not share information that is confidential and proprietary about the Company. This includes, but is not limited to, company strategy, information about trademarks, upcoming product releases, sales, finances, number of products sold, number of employees, and any other information that has not been publicly released by the Company. |
The list above is given as example only and does not cover the range of what the company considers confidential and proprietary. If you have any questions about whether information has been released publicly or any other concerns, please speak with your manager before releasing information that could potentially harm the Company, or our current and potential business interests, employees, partners, and clients.
For additional information on proprietary information, please review the contract you signed when you joined the Company.
| - | The Company's logo and trademarks may not be used without explicit permission in writing from the Company. This is to prevent the appearance that you speak for or officially represent the Company. |
| - | It is fine to quote or retweet others, but you should not attempt to pass off someone else's words, photography, or other information as your own. All copyright, privacy, and other laws that apply offline apply online as well. Always give proper credit to credit your sources when posting a link or information gathered from another source. |
the Company.
Transparency and Disclosures
| - | If you have permission to publicly share what a client, partner, or other organization is doing, such as launching a new website or coming out with a new product, you must disclose your relationship to the other party. |
| - | Do not discuss an organization or product in social media in exchange for money. If you receive a product or service to review for free, you must disclose it in your post or review. |
Respect and Privacy Rights
| - | Use common sense. |
| - | Follow the rules of the social media sites you use. |
| - | Speak respectfully about the Company and our current and potential employees, clients, partners, and competitors. |
| - | Write knowledgeably, accurately, and with appropriate professionalism. Despite disclaimers, your Web interaction can result in members of the public forming opinions about the Company and its employees, partners and business interests. |
| - | Refrain from publishing anything that could reflect negatively on the Company's reputation or otherwise embarrass the organization, including posts about drug or alcohol abuse, profanity, off-color or sexual humor, and other inappropriate conduct. Do not use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not otherwise be acceptable in the Company's workplace. Please also show respect for topics that may be considered objectionable or inflammatory. |
| - | Honor the privacy rights of our current staff, members, and partners by seeking their permission before writing about or displaying internal company information that could be considered a breach of their privacy and confidentiality. |
| - | Respect the law, including those laws governing defamation, discrimination, harassment, and copyright and fair use. |
Media
| - | Media inquiries for information about our company and our current and potential products, employees, partners, clients, and competitors should be referred to the This does not specifically include your opinions, writing, and interviews on topics aside from our company and our current and potential products, employees, partners, clients, and competitors. |
Non-Competition
| - | You may not sell any product or service that would compete with any of the Company's products or services without permission in writing from Manager. This includes, but is not limited to trainings, books, products, and freelance writing. If in doubt, discuss this matter with your Manager. |
Your Legal Liability
| - | The Company complies with all federal and state laws that apply to our operations and activities. Since you are involved in the Company's operations and activities, you are responsible for understanding and observing these policies. |
| - | Note that the breach of privacy and confidentiality, use of copyrighted materials, unfounded or derogatory statements, or misrepresentation may be considered illegal and is not accepted by the Company. |
| - | Each person at the Company is personally responsible, and may be legally liable, for the content he or she publishes online. You can be sued for not disclosing your relationship to the Company, or for purposely spreading false information. You can also be sued by company employees, competitors, and any individual or company that views your commentary, content, or images as defamatory, pornographic, proprietary, harassing, libelous or creating a hostile work environment. In addition to any legal action, your activity can result in disciplinary action up to and including employment termination. |
| - | If you have any questions, please ask the for guidance on compliance with the laws. |
About Social Media Policys
Learn about how to set guidelines for social media use by employees
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Considerations for Your Company's Social Media Policy
Social media is a fantastic tool for promoting your business. It can also create problems. Whether you have an intentional social media strategy or not, social media can have a tremendous impact on how your business is perceived. And it's not just your business's social media activities that you need to be aware of. Your employees and their social media activities can also have a significant effect on your business.
You need to take control of that effect with clear standards for your employees' personal social media behavior, as well as interactions on your business platforms. That means providing clear requirements, generally in a written Social Media Policy. Here are some of the legal considerations you'll want to account for in yours.
Social Media Activity on Business Accounts or in the Business's Name
Your strongest prohibitions and requirements for social media interaction should be for activities on the business's accounts or conducted in the business's name. As a business owner, you have the right to protect your business's interests and take action to protect the business's reputation. You also have a legal responsibility to lay out standards of behavior. If your employees do anything illegal on your business's social media accounts, you can be held fully liable under the doctrine of respondeat superior. It doesn't matter that you disagreed with the action or that you didn't sanction it. The fact that one of your employees did it on your business's account will generally be enough to make you legally liable for the behavior.
In your Social Media Policy, you should lay out precise standards for how employees are to handle activities and interactions on your business's social media accounts or when explicitly acting in the business's name. Make it clear what you want employees to do and what you want them to refrain from doing. Provide examples. Also make it clear what the consequences of violating the standards will be.
Defamation and Disclosure of Confidential Information
One of the other legal considerations that you must account for in your Social Media Policy is defamation, of your business or its customers. Defamation has become an increasing problem as people tend to rant about their employers, clients, or customers on their social media pages. While you don't have to include provisions regarding defamation in your Social Media Policy, any defamation claims you may bring will be more likely to stick if you provide this information as part of your policy. Keep in mind that, in general, expressions of frustration and disgruntled responses aren't enough to create a defamation claim. The statements must be false, and they must harm your business.
The disclosure of confidential information will not fall under defamation, but it can potentially damage your business. Your social media policy should also include information on prohibited disclosures on social media platforms. For instance, your employees might assume they're in the clear if they vaguely reference an account or a client, using some code name. But even those code names could backfire if they can be associated with confidential information belonging to the business or its clients.
Consequences
You can impose a number of disciplinary actions for violations of your Social Media Policy. However, before you take action, you should spell out the consequences for all prohibited actions in your policy. Base the severity of the discipline on the severity of the offense: Warnings may be appropriate for minor indiscretions, while more severe violations, such as disclosure of confidential information, may warrant suspension or termination. Just make sure that it is clear from the beginning what these consequences will be.
Social Media FAQs
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Does my business need a Social Media Policy?
While a Social Media Policy may not be legally required, it is important, as it helps protect the organization's reputation, ensures compliance with legal regulations, defines acceptable social media behavior, and promotes a consistent brand image.
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What kind of information can be included in a Social Media Policy?
A Social Media Policy may include guidelines on confidentiality, privacy, copyright, disclosure of affiliation, appropriate content, usage restrictions, consequences for policy violations, and other relevant topics. It all depends on what your company needs covered.
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Can a Social Media Policy restrict personal social media use?
Not really. A Social Media Policy can, however, set guidelines for employees’ personal use of social media when it may affect the organization’s reputation or create conflicts of interest. For example, employees may share their own opinions online, but they should make clear that those views are personal and not representative of the organization.
It’s also important to note that regulations vary by state, and some employee rights may limit what employers can restrict. For example:
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Off-hours conduct rights: Many states protect an employee’s right to engage in legal activities outside of work, such as blogging or using social media.
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Political expression: Some states safeguard an employee’s right to support a political party or openly share political views.
That said, employers can still emphasize the importance of responsible conduct on social media by:
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Applying company policies online: Make clear that harassment and discrimination will not be tolerated in any form.
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Restricting use of company equipment: Outline rules for using company computers, email, or networks for personal purposes.
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Protecting the company name and image: Remind employees that false statements or misuse of the company’s name, logo, or likeness are not allowed.
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Reinforcing NDAs and non-disparagement agreements: Remind employees of any existing agreements that protect intellectual property, trade secrets, and the company’s reputation.
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Is Social Media monitoring permissible under the Policy?
Social media monitoring may be permissible under the Social Media Policy for legitimate business purposes, such as reputation management, compliance monitoring, or security concerns. However, your employees' right to privacy should always be respected.
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