Tag Archives: employees

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Two recent cases highlight that posting to Facebook is not as uncomplicated as you may think. A defamation case in the UK recognized that a third party did have to disclose information on users whose identities were sought by the plaintiff. In the US, employee guidelines for social media were seen to be too broad and often violated the National Labor Review Board rules. “Social Media Spotlight: Latest Legal Moves in the UK and US” gives an in-depth look at both cases.

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Here are two articles that look at who may be responsible for your Facebook posts. Katie Anderson’s article, “Fishing On Facebook May Put Employers ‘On the Hook'”, explores the legal ramifications of employers sifting through employees’ Facebook accounts. Hayes Hunt and Jillian R. Thornton’s article “Facebook and Twitter Subpoenas, Privacy and The Law”, takes another look at who controls the “private” information you post and tweet. Issues of control and privacy are continuing to evolve, and it’s increasingly important to keep abreast of how courts may be evolving in their responses.

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A seemingly innocent post on Facebook blowing off a little steam which you may think is just being seen by your friends could land you in hot water. While context and privacy settings will ultimately be considered, you could find yourself in court before that happens if someone takes an idle post more seriously than you mean it. Robert Hilson looks at the issue in his article “Posting Idle Facebook Threats May Land Social Media Users in Law Enforcement Crosshairs.”

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A New Jersey law seeks to prevent employers from requiring prospective employees to hand over their social media passwords to enable the potential employer to thoroughly search those sites. Ramon Rivera’s article, “New Social Media Rule for New Jersey Employers Passes Assembly”, doesn’t indicate that legislation is pending in the state’s Senate, however.

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Should your employer have a say over what you post in your personal blog? Natalie Monroe is suing her Philadelphia school board for firing her over negative comments about her students that she posted on her blog. The school board contends that the blog did not factor into the firing. Read the Associated Press Wire Report, “Pa. Teacher Suspended for Blog, Now Fired, Is Suing.”

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A new law in Maryland will protect employees from having to disclose passwords to employers. The new law is likely to be followed by a similar one in California and Senate has a bill- the  Password Protection Act 2012. Thomas Bartlet’s article “Online Privacy Laws Can Cause Discovery Woes, ” looks at why too much information in Discovery is neither helping the system nor individuals.

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The Password Protection Act was introduced in both houses of Congress this week. The Act would protect employees from having to divulge any social media passwords to their employer. Read more in Bob Sullivan’s article Bill Would Make Facebook Snooping, Digital Spying By Employers Illegal.

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We’ve featured a few articles now on the contentious issue of who owns your social media contacts. Jonathan Barrick has some useful comments on “Who Owns the Account? Navigating the Minefield of Social Ownership.” The article provides tips on how to assess the issue when part of your job responsibility includes maintaining a social media presence.

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Social Media is a global issue. Foong Cheng Leong provides some insight into “What Lies Ahead for Social Media” in Malaysia. The article touches on important US and Canadian cases that may impact on social media law in Malaysia where Twitter and Facebook users are growing in leaps and bounds. The article also provides a succinct summary of many of the important cases from 2011.

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It may seem like a lot of work to track all the changes in social media law with so many stories and cases emerging every day, but it’s money and time well spent. Jon Chavez’s article, “Law’s Stance on Social Media Fluid, Firms Told, ” points out why. It’s important that a company’s social media policies keep pace with changes in the law.

Average Rating: 4.5 out of 5 based on 242 user reviews.

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