Employees and public servants need to understand the appropriate professional use of social networking tools.
The verdict against Joanne Fraill for contempt of court because she sent messages to a defendant on Facebook is just one example, according to The Times, of ‘jurors in dozens of criminal trials’ that use the internet to ‘discuss or research cases.’ The case coincides with an appeal from another defendant in the same trial who is challenging his conviction because of the alleged Facebook conversation. The trial had run for nearly three months at a cost to the taxpayer of £6m.[1]
Implications for employers
In the corporate world, the risks of inappropriate use of social media cannot be underestimated, according to Andy Blacknell at consultants Towers Watson.
"When thinking about the potential of social media, employers are often put off by the perceptions of lost productivity, leakage and potential liability risks. Given social media usage is likely to increase and most individuals using it are also employees, employers need to ask themselves if it is really less harmful to leave employees to their own devices or rather to provide them with appropriate social media capability and guidance. We believe the solution is to have social media policies embedded in each organisation”, he said.
Towers Watson research shows that more than half of companies block social media sites due to concerns about employees disclosing private or sensitive financial or competitive information or about employees spending too much time on social sites.
The consultants share the view of Cisco’s UK and Ireland CEO Phil Smith that blocking access to social media is counterproductive and limits the benefits active social media engagement can produce (such as new talent).[2]However, they understandably think that employers need to do a lot more to educate employees about the risk of inappropriate use of social media and how it can used in a positive way for the organisation.
They recommend that each employer should decide its social media policy according to its circumstances but, if for no other reason than to establish some defensibility in the event of a liability claim, every employer should have a formal social media policy, supported by insurance for social media activities.
Towers Watson research indicates that a vast majority of companies (73%) have not purchased insurance against any form of cyber risk, including social media liability. Of the 27% that have acquired some form of policy, 61% bought £6m to £30m limits.
Tim Jaggs said: "Companies have to continue to find better ways to manage and mitigate all kinds of cyber risks. In the social media space, the lack of a formal policy increases the risk of uncontrollable activity, therefore to support risk management, employers should have a contingency plan, which includes insurance, in their social media policies in case things go wrong. Blocking access is the cyber equivalent of sticking your head in the sand."
However, it is unlikely that an insurance company would have covered the risks of a high-profile criminal trial being aborted as a result of Facebook chat.
See also: www.towerswatson.com/assets/pdf/2407/TowersWatson-Social_Media-NA-2010-16771v2.pdf
Picture Credit: 1000 Words/Shutterstock.com
[1] www.guardian.co.uk/uk/2011/jun/13/juror-contacted-defendant-facebook
[2] 'Global talent summit explores new frontiers' in The People Bulletin, 17th June 2011