In little less than two decades ago the face of employment did not look like anything it does today, the world at large has shifted and developed. Some of these developments include the rise and rise of social media platforms for example, Facebook; Twitter; Instagram; Snapchat et al
These are platforms whereby people post what they’re doing, what location they’re at, whom they’re with and even how they are feeling – this could be consequentially adverse to the employer (through vicarious liability) or the employee who may be taken to task over potentially defamatory posts. Risks against employers, according to Rosalind Davey writing for ‘BIZ COMMUNITY’: “Legal consequences of social media“, are exacerbated by the fact there is no specific law in South Africa that governs the usage of social media. The good news about that however, is the room for development of the law through this gap.
The downside, due to no specific statute regulating social media platforms within the workplace context, one is actually unsure on what they may or may not post.
The Impact of Social Media in the Workplace
The advent of social media in the work and market place has proven to be fruitful with regard to e-commerce and brand exposure inter alia, not without its shortfalls however. We at the BLA-LEC also plunged into the realm of social media, with the establishment of our Twitter profile: @blalecafr to extend our reach to readers and other role-players in the legal profession. The risk in social media lies with the nature of information shared on these platforms, and since there is no specific statute to deal with this, it becomes a huge area of contention.
Possible Guidelines on How to Deal with Social Media
Some posts shared may prove to be delictual in their nature, and amount to defamation which may adversely affect someone else’s reputation and lead to patrimonial loss. The employer of such employee who shares such may be vicariously liable. However it is argued positively, that notwithstanding the lack of statute regulating social media within the workplace, the Constitution in the interim provides guidelines. Davey, in her article cited above, suggests the reliance on the constitutionally entrenched right to dignity to act as a shield.
Code of Ethics
Most employers have a code of ethics, or code of conduct which employees are expected to uphold and abide to, given the nature of social media posts, a code of conduct may be interpreted so as to make provision for incidents of offensive posts.
In conclusion, social media has permeated the workplace on a broad spectrum and affects various tiers and factors of law. Employment law, labour relations, private law and possible civil actions. Due to its nature, a statute regulating its usage is highly requisite. Perhaps the legislators will draft a bill and effective pass legislation until then. Everyone is urged to take extra care of what type of information they share. Always ensure that it is in keeping with your brand values.
*Legal consequences of social media, BIZCOMMUNITY, Rosalind Davey
