Social media policies are no longer just about employment law issues, they are broadcasting contracts. You must quickly have a social media law expert audit your policy.
According to court documents, this is a case of being penny wise and pound foolish:
The in-house attorney who wrote the policy didn't specialize in social media law.
The attorney relied on seminars that focus on employment law, not social media law.
The attorney relied on boilerplate policies from other organizations.
The attorney attended my course after the lawsuit had been filed.
Myth #1
You can copy a social media policy template from a reputable association or another organization.
TRUTH
Most social media templates are:
Overbroad, vague
Aren't written by specialists in social media law
The policy often omits key issues
97% of model policies don't comply with the U.S. Supreme Court "operational realities" rule.
In the past, policymakers could claim qualified immunity for social media mistakes by stating that the law was unsettled or had "gray areas". The affirmative defense of "qualified immunity" would scare off potential plaintiffs.
Those days are gone,
your personal assets are now exposed...
The Liverman court rejects the "gray areas" or unsettled law argument.
The court says First Amendment law is well established.
No more claims of "qualified immunity", you are personally liable.
One poorly written paragraph can cost your employer millions in legal damages.
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Webinar: How To Update Your Social Media Policy: 7 Social Media Policy Updates
Top Social Media Attorney Mark Fiedelholtz gives you new strategies to avoid hidden liabilities other programs overlook.
