Can social media validate a claim?
Social media sites have taken over our lives. Social media has the power to unify voices, publicize important issues and inspire the world but at the same time, it comes with disciplinary, legal and reputational consequences.
Emma Sadleir, Social Media Law Expert, once said digital content is dangerous content. “Even though there are privacy settings, there is no privacy because this is a public platform. Once it is out there, it is out there.”
Equipping brokers and advisers
Everyone talks about social media… Twitter, Facebook, LinkedIn, etc. What is the relevance of social media in the broker/adviser practice space? How can LinkedIn be used to expand your practice? What are the cyber threats around social media and around client data? Is it important to have an online presence when you are a broker or adviser and what comes after websites?
Social media, the web and cyber in the world of the broker/adviser is relevant and it is real. The reality is that we live in a world where technology is a priority to plan the way forward. Transforming your business to be more technology rich and to be aware of the pitfalls is not negotiable anymore.
To equip brokers and advisers FAnews will be hosting a breakfast discussion on 24 October at the Bryanston Country Club, with Innosys as the main sponsors, FMI, Francois du Toit and iTOO as co-sponsors.
The following speakers will present on the morning:
- Mike Saunders (Digitlab) - Social Media and why it is relevant (and to what extent) for your brokerage/practice;
- Francois du Toit (Francois du Toit Consulting and Technology) – LinkedIn: Why you are not finding clients and what to do about it;
- Glenda Venn (Go Communications) – The World Wide Web of influence and why you cannot afford to ignore it. Making digital eco systems work for your business; and
- Candice Sutherland (iToo) –The use of social media and storing client data increases your exposure. Let’s make sure you, your employees and your clients don’t fall prey to cyber criminals.
Earn your CPD hours… at a cost of R250 brokers, advisers and intermediaries who want to attend this event can click here or RSVP by emailing [email protected].
A clause in policy wording
On another note, but on the same topic of social media, we recently came across a post on Facebook which goes as follows, “A colleague went away, and her house was ransacked. To cut a long story short, the insurance would not pay out as she had blatantly posted pictures on Facebook which sometimes shows your destination.”
She made the comment that, “there is something in the small print of her policy about social media while you are on holiday. Hubby checked ours and yes, it basically says that your insurance is void if you advertise the fact you are absent from home so please be careful.”
FAnews spoke to Danny Joffe, Senior Legal Advisor at Hollard Insure and Fanus Coetzee, Head of Claims at Santam, to get their take on the use of social media and claims and the legalities around this.
Both Joffe and Coetzee confirmed that neither insurer have such a clause that would exclude cover if a policyholder states on their social media platform(s) they are not at home.
Social media and the validity of claims
“People have been dismissed as a result of comments made on social media, for example, if a claim form stated the policyholder was in a particular area and the social media shows this not to be true, it can be challenged by the insurer in investigating the claim,” says Joffe.
“Social media has become another medium through which information is disseminated or carried and like any other publication, can be useful in validating claims. The rule is to use credible information sourced legitimately, and that includes information as may be sourced from social media networks. This can support or disprove validity of claims,” says Coetzee.
“By way of illustration only, if X says he was robbed of a particular item, and yet subsequent to the date of the alleged loss, X posts pictures taken a date post the alleged loss, suggesting the alleged stolen item was in X’s possession, this will invite enquiries into the correctness of the representations made by the client in his claim. In short, social media can be instrumental in validating the accuracy of representations, be it in support of a claim or against such claim,” continues Coetzee.
Do you have the right to that info?
“In terms of law once someone posts a message or photo on social media that can be accessed legitimately on the internet it is public record and, in my view, can be used by insurers or any other investigators as a means of finding out information as to the whereabouts or views of someone,” says Joffe.
“Anyone has the right to access a social media page once it is put on a public forum such as Facebook or Twitter. One cannot hack into a private Facebook page or one’s email, but the public forums can always be used to gain access to information or photographs. One needs to be wary what one puts into the public domain including Twitter and Facebook,” continues Joffe.
“An individuals’ privacy settings determine what is visible publicly on social media and insurers cannot make use of illegitimate means to obtain access to social media posts, only within legal means. Any information that is protected by law is not accessed,” emphasises Coetzee.
Editor’s Thoughts:
Although social media may be instrumental in validating claims, on another note, we have seen the result people bear from the brunt of negative videos, tweets or posts… criminal charges or civil cases, long term reputational harm etc. I agree with a statement that Sadleir made and something to keep in mind, perhaps on the sideline, when in discussion with clients, “If you wouldn’t place it on a billboard, don’t post it. Be careful and look after the content you are tagged in. Be careful in liking, sharing and retweeting posts, don’t associate yourself with content you wouldn’t like to associate yourself with.” Please comment below, interact with us on Twitter at @fanews_online or email me your thoughts [email protected].
