Take care before you share: The dangers of social media use in the workplace

Many people who engage on social media tend to misuse it, sharing information that is untrue, offensive, or critical of their employer.

Employees often do this because they are of a view they are engaging in a virtual reality, and not a real place.

Experts at Cliffe Dekker Hofmeyr (CDH) have used the case of an Elon Musk employee who was fired from X to share tips on how employees can conduct themselves on social media. The employee was dismissed for complaining about the company’s return-to-office policy online.

Dangers of social media

Experts do acknowledge that advancements in technological gadgets such as smartphones and laptops have made life easier by enabling people to access information at the speed of light. Social media platforms have also enabled users to connect and communicate with people miles away with just a keyboard.

However, there are users who use these social media platforms to offend others. Untrue statements may amount to defamation, which is the unlawful publication of a statement made by a person (defamer) against another person (defamed).

ALSO READ: Careful what you say: Here’s what you need to know about defamation

Defamation in the social media world

Experts from CDH say in the social media world, defamation may include conduct such as publishing untrue information, also referred to as fake news about someone or an organisation to portray them in a negative light and cause harm to their reputation. Publishing untrue information may include making comments, and even sharing the untrue information.

For the defamation case to stick, there must be:

• a publication of a statement (verbal or written);
• the defamer must have intended to defame a person;
• there must be harm and injury; and
• the publication must violate a person’s right to their good name, reputation, and dignity.

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How to determine if the statement was defamatory

Experts say the test for defamation is an objective assessment of how an average person would interpret the statement, considering both its explicit and implied meaning. But the questions would still stand if the statement made would likely tarnish an individual or entity’s standing in the eyes of the society.

“Defamation must, of course, be juxtaposed with the right to freedom of expression. However, this right is not without limitation.”

President Cyril Ramaphosa assented the Prevention and Combating of Hate Crimes and Hate Speech Bill (Act) on 9 May 2024 to help address social media users who share false information. The purpose of the Act is to, among other things, give effect to constitutionally enshrined rights, including human dignity, equality and the right to freedom and security. However, the Act also contains implications for employers as it is important to read the Act in conjunction with other employment law legislation such as the Employment Equity Act 55 of 1998 (EEA) and the harassment code published in terms of the EEA (Code).

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Protective steps that employers can take

Experts say employers can take proactive steps to protect themselves from the dangers associated with social media:

• Implementing social media policies and training employees on the use of social media.
• Regularly monitoring their social media channels for negative or false statements.
• Responding promptly and professionally to negative or defamatory statements.
• Correcting false information.
• Considering legal action in cases of defamation.
• Insurance coverage for defamation claims.

“As we move further into the digital age, employers and employees alike need to be conscious of the material they share online as this may have legal and reputational ramifications.”

For employees in particular, the cardinal rule is to take care before you share as you might see your social media posts again at a disciplinary hearing.