Social Media and Legal Booboos

Twitter, Facebook, Myspace, YouTube, are among the list of many Web 2.0 social media technologies that individuals and companies are increasingly using to engage with each other and with the public at large. Even the president is using it! http://twitter.com/BarackObama. And my dog.

The benefits of such mediums range far and wide, from creating collaborative and open platforms for the transfer of ideas, the fostering of common interests, tending to customer complaints, the rapid dissemination of information, and engaging employees and stakeholders of all kinds. However, in situations like the Domino Pizza Case, where a video portraying two employees doing some very bad things while on the job was posted on YouTube and received almost 1 million hits, its very clear that a number of legal implications can arise.

Some legal areas to watch out for that instantly come to mind include:
Tort – defamation, harassment, vicarious company liability.
IP – copyright and trademark issues.
Privacy – of employees, clients, trade secrets, other privileged information.


A clear set of rules and guidelines with respect to use of Social Media Technologies should be an indispensable part of your employee manual, which should already be an indispensable part of your employment plan (check out my earlier post on Working Guide on China's Labor Contract Law). All employees should be trained in Web 2.0 etiquette; the systems constantly audited; and most importantly make them sign acknowledgment forms.

For a good example of how to responsibly involve your employees in the world of Web 2.0, check out IBM’s Social Computing Guidelines

**And remember, nothing contained in this blog is legal advice