Are you treading with caution?
Business has changed and clients’ pace has changed thanks to technology and the use of social media. However, social media comes with liability issues and some of these issues were posed during the Insurance Conference at Sun City by Dario Milo, Partner at Webber Wentzel attorneys.
The impact of social media
Milo mentioned that social media has become such a big influencer and game changer. We have LinkedIn, Facebook, Twitter, Blogs, YouTube etc and these online platforms have become the new way to distribute content.
“Facebook has over 50 million users in Africa and over 14 million registered users in South Africa. Twitter has 271 million monthly active users worldwide and over seven million users in South Africa,” he said.
Clearly, these platforms have a wide and broad audience. “We are all now in the business of electronic publishing,” continued Milo.
The ugly truth
However, with this comes the legal considerations. From defamation and hate speech to court orders and breaking the employment law, Milo says the risks are far reaching and wide.
“If material is published where it is viewed and keeps being republished, for example retweeted, liked and shared you can be sued wherever you publish content. Anyone in the publication chain can be sued. On Facebook, for example, it could be the creator of the page. On Twitter it can be the owner of the Twitter account or the person who re-tweets,” he said.
Some of you might remember what Emma Sadleir, Social Media Law Expert, said at the PSG Conference recently.
“Social media comes with disciplinary, legal and reputational consequences. Even though there are privacy settings, there is no privacy because this is a public platform. It just takes one small incident, for example, to cause reputational harm just by one tweet or Facebook message. Once it is out there, it is out there,” said Sadleir.
A tweet too far
When we think of social media, are we really thinking about what the consequences can be of commenting on posts or writing posts that are, for example, defamatory, racist or that can cause reputational damage? Here are some examples Milo presented of what some of the consequences of social media can be:
Defamation example
Lord McAlpine alleged that he was defamed by comments implying that he was a paedophile published by Sally Bercow, the wife of John Bercow, Speaker of the House of Commons on Twitter. This followed the broadcast on 2 November 2012 of a report by BBC Two's News night which falsely linked an unnamed "senior conservative" politician to sex abuse claims. On 4 November 2012, Bercow tweeted "Why is Lord McAlpine trending? Innocent face.”
When the allegations against McAlpine proved to be unfounded, the BBC subsequently apologised and paid £185,000 to McAlpine in damages and the ITV television network paid him £125,000 in damages. McAlpine commenced legal actions against users of Twitter who had repeated the claims but users with fewer than 500 followers were allowed to settle the matter by making a donation of £25 to the BBC Children in Need charity.
McAlpine's lawyers said that they would continue to pursue 20 "high profile Tweeters" (users with more than 500 followers) including Bercow, comedian Alan Davies and writer George Monbiot. Following judgment, the High Court found that Bercow’s tweet constituted a serious libel, both in its natural meaning and as an innuendo. Bercow agreed to pay McAlpine £15,000 in damages for the libelous tweet.
Employment issues example
Justine Sacco's ill-thought-out message, sent before she boarded a flight to South Africa in December 2013 read: 'Going to Africa. Hope I don't get AIDS. Just kidding. I'm white!' It cost the 30-year-old from New York her job and her reputation after it was re-tweeted by tech blogger Sam Biddle to his 15 000 followers.
Reputational issues
First National Bank was investigating a tweet sent from their @Rbjacobs (FNB Guy) Twitter account. The post, which was sent out, was in response to a tweet from a follower who asked where Steve, the character in FNB’s radio advertising campaign, had disappeared to. In response, FNB said, “He’s somewhere in Afghanistan, putting a bomb under a wheelchair and telling the cripple to run for it!” The response upset many users of the social network, resulting in an apology from the bank.
Hate speech and reputational issues
Penny Sparrow insulted black people who were on the Durban beaches over the Christmas period. Sparrow said “these monkeys that are allowed to be released on New Year’s Eve and New Year’s Day on to public beaches, towns etc obviously have no education whatsoever and to allow them loose is inviting huge dirt and discomfort to others.”
Her former employer Jawitz released a statement distancing itself from Sparrow and her views. "Comments made by an ex-employee are threatening a company that is built on integrity, morals and values. We are consulting an attorney to deal with this matter and the damage this woman has done to our company," the statement read.
Social media guidelines
In terms of social media guidelines, Milo said when engaging for the employer or when engaging in personal capacity, social media and online usage policies are required.
“Train employees and have crisis management and strategies in place. If you would not print it, do not post it!”
Editor’s Thoughts:
There is a need to tread with caution when it comes to the use of social media because, as Sadlier put it, once information is out there, it is out there. You cannot take it back. If you are using social media in your practice, what strategies do you have in place to protect your business? Please comment below, interact with us on Twitter at @fanews_online or email me your thoughts [email protected].
