Social Media

Beware of what you post on social media

by Gertruida Grov?

Social media are web-based and mobile technologies that turn communication into active dialogue. These social networking tools are used by individuals and companies for purposes of social communication, marketing, human resource communications, news briefings and others. For many, the question is not whether to use social media, but rather how to do so, and how to avoid potential pitfalls that may lead to legal difficulties.
Social networking websites include Facebook, LinkedIn, MySpace; forums and comment spaces; video and photo sharing websites such as Flickr and YouTube; web blogs and other websites that allow users to use simple publishing tools.

What users do not always realise is that social media and networking are not only easy communication tools, but that every word that is communicated by means of a social medium is actually published in writing. Even communications that are later deleted from a social medium such as Facebook, might still be available to other or previous users and might again be distributed.

There are a number of legal issues involved when using social media. These include:

Firstly, social media users may disclose private and confidential information such as trade secrets, even unknowingly, on social media sites such as Facebook, Twitter, LinkedIn or chat rooms and blogs.

Secondly, unauthorised use of third party trademarks on a social media site may lead to legal liability for trademark infringement or unfair competition e.g. when a false impression of endorsement or sponsorship of a product is created.

In the third place, copyright-protected works such as videos, music, photographs and texts are often copied from other locations and used on social media websites without the required authorisation of the content owner which can lead to liability for copyright infringement.

Fourthly, computer users should take care not to post impulsively on social media, since that might lead to unintended legal liability for example even anonymous statements published to a limited group of connections or friends that defame a third party may result in legal action against the poster.

In the fifth place, social media can lead to human resources issues. It is becoming more and more common for human resources departments of companies to view social media pages of both job candidates and current employees.

Finally, our courts have begun to accept discoverable information in trials beyond e-mails and scanned documents. An interesting South African case which recently made the headlines was that of Experian South Africa (Pty) Ltd v Haynes [2012] ZAGPJHC 105 (18 May 2012). In this case the employee?s previous employer sought to hold him to a restraint of trade agreement. In terms of this agreement, the employee was prohibited from taking up employment with a competitor for a period of 12 months after termination of his employment. The court had regard to meetings held with key clients, evidenced by the employee?s LinkedIn profile, and enforced the restraint of trade against him.

Considering the millions of users worldwide who use social media on a daily basis, the legal pitfalls should be borne in mind as we create and manage our digital communications.

Source: http://www.walkers.co.za/index.php?option=com_content&view=article&id=232:social-media&catid=36:the-internet&Itemid=49

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