While social media (any form of interactive online communication) is a relatively new marketing channel for you to generate new business and interact with customers, the laws that apply to other means of communication apply equally to social media.
The risks include potential consumer protection law breaches and other legal, reputation, and operational risks.
Increased risk can arise from poor oversight or control.
The ACCC has published an Information Sheet setting out its view that businesses using social media channels like Facebook, Twitter and YouTube have a responsibility to ensure content on their pages is accurate, irrespective of who put it there.
A business that has chosen not to use social media should still be prepared to address the potential for liability for defamation or negative comments or complaints that may arise in social media.
Activities that result in dissatisfied consumers and/or negative publicity could harm your reputation even if you have not breached any law.
Employees’ communications via social media, even through employees’ own personal social media accounts, may be viewed by the public as reflecting their employer’s official policies or may otherwise reflect poorly on the employer. Therefore, you should establish appropriate policies to address employee participation in social media that implicates your business.
If you haven’t reviewed your policy recently (or don’t have one) here are some issues to consider:
- Have you planned for compliance with laws relating to data security, privacy, debt collection, misleading or deceptive marketing, the Spam Act, workplace issues, consumer protection, fraud, consumer complaints, payment system issues and AML/CTF ?
- Do you intend to limit comment to authorised employees or allow all staff to make comments about your business whether or not they are at work?
- If you allow your employees to use social media on behalf of the company, can they take their social media account with them when they leave?
- Do you require all employees using social media to talk about the business to disclose their association with the business?
- Do you prohibit the disclosure of confidential business information?
- Do you prohibit the disclosure of customer information?
- Do you require staff to inform you about negative comments about your business they become aware of?
- Do you prohibit unlawful or offensive comments?
- Will a breach of your policies result in dismissal?
- What arrangements do you have for keeping a record of your social media activity?
What do you need to do?
1. Develop policies and procedures (either stand-alone or incorporated into other policies and procedures) regarding the use and monitoring of social media and compliance with all applicable laws. The policies and procedures should address risks from online postings, edits, replies, and retention.
2. Implement an employee training program that incorporates your policies and procedures for official, work-related use of social media.
3. Monitor information posted to social media sites administered by you.
