With the increasing use of social media, employers need policies which provide guidelines and recommendations for their employees when using it. As a rule, social media platforms are always viewed as public activities.

RECENT DEVELOPMENTS

The UAE's National Media Council has recently issued a decision which will provide governance measures on online advertisements, product placement, marketing and/or any other commercials posted on social media. Social media account holders, including celebrities or fashionistas who sell products, endorse or market brands via social media, or any person or entity residing in the UAE who generates revenues from advertisements on these platforms will be subject to licensing requirements, will have to pay nominal official fees as well as register with the Federal tax authorities for any VAT due on their revenues.

In addition, with social media content there are explicit obligations to ensure posts comply with the regulations.

Many regulations, including those on cyber crime violating the UAE Federal Decree-Law No. 5/2012 mean there are serious sanctions for social media misuse and employees need to be educated about these before actively posting. Employers need to ensure their employees adhere to certain rules. By developing social media policies employers can make employees aware of the internal policies in this area. These policies, once circulated or annexed to employment contracts, allow employers to enforce rules and ensure they minimise the risks which could impact their position. Social media policies should be annexed with the employment or HR internal policies of a company which are signed or adhered to by employees. They can also be annexed in employment contracts when employees' roles involve working in the media sector such as reporters, presenters and media figures. Policies may stipulate that employees must not post disparaging or defamatory statements about their profession, organisation, clients, suppliers or vendors on any online platforms. Policies also help affiliates and stakeholders be aware of what they should avoid communicating on social media. Failing to do so might be construed as damaging a firm's reputation, even if indirectly. Employees should be made aware and remember all content posted on social media may be publicly available and could be viewed by the organisation as well as future employers and social media users. It is good practice for employers to provide a contact for employees to discuss and answer any questions they may have.

However, employers should be reasonable with assessments and consider the employee's right to freedom of speech so should not take an overly conservative approach.

In the absence of appropriate authorisation by employers, employees should always be careful about giving the appearance content posted on social media is an official statement on behalf of their employers. They should always be conscious of acting in a way which will not jeopardise trade secrets, confidential information or undermine their employer's brand or that of any other third parties. They should avoid misappropriating or infringing the intellectual property of other companies and individuals, diluting other trademarks, supporting illegitimate sources of services or selling products from suspicious sources. Employees should also refrain from using a third party's or employer's logos, brand names, slogans or other trademarks, or posting any confidential or proprietary information without written permission.

BREACH AND LIABILITY

If you have a policy and an employee breaches it, it will amount to a breach of contract. However, the implications and disciplinary measures will vary depending on certain factors including the company's policies and the type of breach. Generally it should not be considered a termination matter but in some cases it could be considered to be, such as disclosing confidential information or if a criminal offence is committed because of the breach. Employers are to some extent responsible for their employees' misconduct and tortuous actions.

For example, if an employee sells counterfeit products using their social media account which is connected to their employer and it is considered part of the employment duties, the employer will be potentially liable and could be sued for compensation. Employees are sponsored by their employers and liability is therefore established.

Personal social media accounts will be unlikely to result in an employer's liability but this is not always guaranteed as employees' misconduct does potentially expose their employers to claims.

Originally published by Lexis Middle East Law Alert.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.