The unstoppable rise of social media has resulted in many
headlines over the past few months. Whether it be naming
footballers otherwise protected by a super-injunction or a breeding
ground for salubrious gossip, the use of social media - and
particularly twitter and facebook - has become entrenched in our
everyday lives.
Twitter now has more than 200 million registered users worldwide
with 10 million active users in the UK, generating around 65
million unregulated tweets per day. Facebook has more than
800 million active users worldwide (and an Oscar winning film under
its belt).
With statistics like these, there is more than a chance that a
large proportion of the school community will be sharing their
lives, thoughts, photos, videos and opinions with anyone who shows
the slightest interest. Establishing clear guidelines and
parameters for the use of social media within the school media is,
therefore, crucial. However, schools' social media policies
vary widely, with some schools not having a policy at all to others
having clearly defined rules and policies in this area which,
include, for example, a prohibition on teachers becoming friends
with pupils on facebook.
According to an article in the Guardian earlier this year, more
than 1 in 10 teachers accused of misconduct last year had used
social networking sites and email to establish inappropriate
relationships with their pupils.
The use of social networking sites in cases of cyber-bullying is
also increasing. According to statistics released by the NSPCC in
November 2011, 38% of young people have been affected by
cyber-bullying.
Statistics such as these mean that the benefits of using social
media may be overlooked. However, the growing trend towards social
media presents a unique opportunity to get a positive image and
brand of a school into the public domain as well as providing an
efficient way of sharing information, knowledge and best practice
with members of the school community, such as teachers, parents,
pupils and governors. Virtual communities can also offer excellent
networking and information sharing opportunities.
Used properly by schools, social media can provide positive and
valuable ways of enhancing teaching methods, information sharing
and marketing processes. For example, facebook could be used to
share information with parents about school trips or to follow the
progress of a particular sport's team tour.
But as well as opportunities for business, there are a growing
number of challenges. For example, legal liabilities can
arise from the use of social media by members of staff (whether
related to the school community or in private) or indeed, in some
cases, by pupils. Social media may also be used by cyber-bullies
and both pupils and staff alike could potentially be the victims of
cyber-bullying from other members of the school community. It is
important, therefore, for schools to understand this developing
area, know where problems may develop and how far they should go in
regulating activities relating to social media use by members of
the school community.
From a school's perspective, the key risks relate to:
Inappropriate behaviour by employees. Staff
policies should clearly outline what is and is not acceptable and
should prohibit staff from becoming friends with pupils from
personal facebook pages.
Confidential information. It is the school's
responsibility to ensure that employees are alert to the risks of
posting confidential information online. This may relate to
other employees, but could also extend to pupil and parent
confidentiality and intellectual property.
Discrimination. Anti-discrimination laws can hold
schools 'vicariously' liable for discrimination by their
employees. Where comments are made about another employee online
that amount to harassment, liability can arise for the school,
whether or not the employee is using the school's equipment or
even outside of the workplace and normal working hours.
To avoid liability, a school should do whatever is reasonably
practicable to ensure that appropriate policies and training are in
place to manage and regulate - wherever possible - online behaviour
both in and out of the workplace.
Recruitment. There is little doubt that as
our online profiles develop, both personally and professionally,
research by both candidates and recruiters will be carried out
online. Given the types of information typically found on
social networking websites, a claim for discrimination is a real
prospect if such information is used to reject a candidate for a
job. While a job applicant's sexuality or personal
beliefs would not usually be included in their CV, employers can
now gain access to such information at the click of a mouse.
But if this information is used and it comes to light, there may be
the opportunity for a rejected candidate to raise a successful
claim of discrimination.
The extent and nature of online enquiries should be fair and
proportionate and rarely relied on as the only reason for
rejecting, or accepting a candidate.
Data protection during employment. During
employment, there is a requirement for employees to be told when
and how online information will be viewed and used. Training on
data protection generally should ensure that employees understand
that it is not appropriate to disclose personal data relating to
their colleagues on social media without their permission.
Loss of productivity. Access to social media on
the school's equipment in the school's time can lead to
reduced productivity. Even if internet use by employees is
permitted outside of working hours, policies should be very careful
about how they will be regulated, monitored and, where necessary,
implemented.
Loss of reputation. It is not surprising that a
school will want to protect its reputation and brand image.
But this is difficult to manage when the internet encourages
contributors to complain and vent their opinions. Damage to
reputation is very difficult to substantiate and should be dealt
with on a case by case basis considering the circumstances, the
damage (if any) caused and the individuals concerned.
Privacy. A school's desire to protect itself
may also put it at odds with an employee's human rights of
privacy and freedom of expression. If school were to dismiss an
employee in breach of his or her human rights, the dismissal could
be disproportionate and ultimately unfair.
In most employment contexts, the real question will be whether it
is proportionate and therefore fair to dismiss an employee for what
has been done or reported online rather than whether the employee
has retained his or her right to privacy. But as with anything
else, a fair and reasonable investigation will be essential and
should always be coupled with a transparent procedure.
Regardless of whether your school actively embraces and uses social
media or simply wants to protect itself and its employees from
liability, it is sensible - if not essential - to have a social
media policy. This can be a stand alone policy or
incorporated in to a wider email and internet usage policy or
existing Staff Handbook.
Staff who use social media as part of the school's strategic
marketing, public relations, corporate communications and pupil or
staff recruiting activities should be provided with additional
formal guidance so that they can use an appropriate tone when
commenting via social media platforms, on brand and avoid saying
the wrong thing.
Adopting appropriate social media policies
A staff social media policy should:
- Send a clear signal about the school's expectations for employee use of social media.
- Remind employees that social media activity in the workplace is not necessarily private.
- Inform employees that online conduct harmful to the school can amount to misconduct or in some cases gross misconduct.
- Include appropriate restrictions covering:
- use of school IT resources;
- use of school intellectual property assets and confidential and privileged information;
- use and protection of third-party intellectual property;
- strict prohibition on discrimination and the harassment or bullying of other employees;
- strict prohibition on becoming friends with pupils;
- prohibition on negative comments about the school, its employees, pupils, parents, governors and other members of the school community. - Ensure the social media policy is consistent with other staff policies including any bullying and harassment policy, email and internet policy and disciplinary procedures.
- Avoid imposing unnecessary and disproportionate restrictions which can undermine employee morale and invite non-compliance, without real benefit to the school in terms of protecting its property, reputation or pupils.
Pupil rules, policies and procedures should also deal with and address the use of social media. For example, the school's bullying and harassment policy for pupils should make it clear that cyber-bullying is not acceptable and provide a clear channel for reporting any instances of this. The school's safeguarding policy should also alert members of the school community to the dangers of inappropriate social media use and highlight what to look out for in terms of potential abuse. Rules for safe IT use should also cover the use of social media.
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.