ARTICLE
24 July 2019

Social media trolling: employer responsibilities

WW
Wynn Williams Lawyers

Contributor

Wynn Williams is a renowned law firm in New Zealand, offering a full range of legal services with a team of skilled lawyers. Established in 1859, the firm is known for its expertise, straightforward advice, and strong client relationships. Recognized in prestigious legal directories, Wynn Williams is proud of its heritage and commitment to honest, experienced guidance for clients. Offices are located in Auckland, Christchurch, and Queenstown.
Employers should provide guidelines and training to ensure that employees can respond to all consumers, including trolls.
New Zealand Employment and HR

There is an increasing prevalence of internet trolling where thoughtless, cruel and harmful messages are posted. There are examples where trolling has had a profound effect, leaving victims damaged or suicidal. While many suggest that victims should simply turn off social media or ignore the attacks, it is not easy or possible when it's your job to be online and active on social media 24/7. This creates challenges and responsibilities for employers to keep employees, whose job it is to be online, safe from pernicious trolling and hateful tweets.

In New Zealand, the Harmful Digital Communications Act 2015 aims to deter, prevent and lessen harmful communications. The Act covers any form of electronic message including texts, emails, photos, recordings, cyber bullying and harassment. This includes the sending or publishing of threatening or offensive material, spreading damaging rumours and sending or publishing sensitive personal information. If a person receives a digital communication that breaches the Act then they have the ability to seek court orders against the author or host of the communication and seek to have any offending content removed. There are also times it is appropriate to report trolling to the police.

The employers' responsibility includes keeping employees safe from harm arising from the employee's work duties. Online employment is no different to any other employment in this regard. The Health and Safety at Work Act 2015 and regulations apply to all employees. The Act requires that employees are given protection from workplace health and safety risks so far as is reasonably practicable. This includes risks to both physical and mental health. Employers must provide appropriate training and information for employees so that they can work safely. Employers should provide guidelines and training to employees to ensure that the employees know how to respond to online consumers (including trolls). It is also important that employers check in with their employees to ensure they are not being negatively impacted by consumer responses. Employers should have professional services and resources available to promote good mental health. Many employers in New Zealand already provide Employee Assist Programmes for employees.

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More