Social Media Policy - Template, Sample Form to Fill out Pro · AU-law

SOCIAL MEDIA POLICY

________ (ACN ________) ("Employer", "we", "us" or "our")

ABN ________

Registered office: ________

Effective date: ________

Version / review date: ________

(1) PURPOSE AND COMMITMENTS

(a) We are committed to providing all Employees with a professional workplace that is pleasant, safe, inclusive and fulfilling, consistent with our obligations under the Work Health and Safety Act 2011 (Cth) and equivalent State and Territory legislation, the Fair Work Act 2009 (Cth) and applicable anti-discrimination laws.

(b) We respect the rights of our Employees to engage in lawful public discussion and debate, whether on Social Media or otherwise, and we recognise the implied freedom of political communication under the Australian Constitution.

(c) We also expect that our Employees will at all times act professionally and ethically on Social Media, will honour their obligations to us, and will act in a way that maintains our professional standards and reflects our values.

(d) An Employee's personal activity on the internet may be subject to this Social Media Policy ("Policy") if it impacts the business of our organisation, our Employees, our customers or clients, or that Employee's work at our organisation.

(e) Please take the time to read and review this Policy thoroughly. If you have any questions, please contact your manager or supervisor, or the contact person identified in clause (16).

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(2) SOCIAL MEDIA

(a) In this Policy, "Social Media" means mobile and web-based applications and services for user-generated content, communication and social interaction.

(b) This Policy covers all Social Media services, platforms and applications including, but not limited to:

(I) social networking sites such as Facebook, X (formerly Twitter), Instagram, Threads, Reddit or Snapchat;

(II) video and image sharing sites such as YouTube, Vimeo or TikTok;

(III) professional networking sites such as LinkedIn;

(IV) online collaboration tools such as Slack, Microsoft Teams, Wikipedia or Google Groups;

(V) forums, discussion boards, blogs, online communities and review sites;

(VI) blogging, vlogging, podcasting or other similar activity;

(VII) other Social Media services or platforms which may not exist as at the date of this Policy but which may be created or developed in future;

(VIII) commenting, liking, following, sharing, reposting, tagging or other similar activity in relation to content on any Social Media service or platform.

(3) APPLICATION OF POLICY

(a) This Policy applies to all of our workers, including full-time, part-time and casual employees, fixed-term and temporary employees, ongoing employees, managers, supervisors, interns and apprentices, student trainees, volunteers, contractors and other representatives of our organisation, as well as any person holding the role of director or company secretary of our organisation (together, "Employees").

(b) This Policy covers the following:

(I) Employee Social Media activities while at work;

(II) the use of Social Media by Employees in the course of performing their duties for us;

(III) Employee Social Media activities while using our property, resources, networks or electronic devices;

(IV) restrictions on representing our organisation online;

(V) Employee Social Media activities as a private citizen, while on their own time and not using our property, resources or electronic devices, but only to the extent that such activities have a relevant connection to, or sufficient impact upon, the employment relationship, our business, reputation or interests.

(4) EMPLOYEE ACKNOWLEDGEMENTS

(a) Each Employee acknowledges that any content posted on Social Media is potentially public and may be distributed worldwide, copied, screenshotted and republished, and may remain accessible permanently even after deletion.

(b) Each Employee acknowledges that this Policy asks them to assume that all of their online activities are publicly visible and available at any given time.

(c) Each Employee acknowledges that any content posted on Social Media which reflects negatively on us has the potential to significantly harm our business and reputation, whether or not that content is published during work hours or on the Employee's own time, and whether it is published through our Social Media account or the Employee's own account.

(5) PERSONAL SOCIAL MEDIA AND EMAIL USE WHILE ON DUTY

(a) Employees are not permitted to use Social Media for personal purposes while on duty, except with the express permission of a manager or supervisor or during authorised breaks in accordance with our directions.

(b) Employees are not permitted to use personal email or conduct other personal internet activity while on duty, except with the express permission of a manager or supervisor or during authorised breaks.

(c) Where Employees use our information technology systems, devices, networks or accounts, their use may be monitored, recorded and audited to the extent permitted by the Privacy Act 1988 (Cth), the Australian Privacy Principles and applicable workplace surveillance legislation. Employees will be notified of any such monitoring as required by law.

(6) WORK-RELATED SOCIAL MEDIA USE

(a) We may use Social Media or other internet-based platforms to assist with the marketing and promotion of our business. If this occurs, we may ask Employees to assist with or support that marketing and promotional activity (for example, by liking or sharing our posts). Any such request will be reasonable and consistent with the Employee's role.

(b) Where we permit or require Employees to use Social Media in connection with their work (for example, by responding to customer service matters via Social Media platforms):

(I) all "friends", "followers", connections, contacts, email addresses and other contacts that an Employee gains through Social Media in connection with their work, and all accounts created or used for our business, remain our property; and

(II) an Employee's work-related Social Media activity may be monitored in accordance with clause (5)(c).

(7) REPRESENTING OUR ORGANISATION ONLINE

(a) Employees may not make a comment, present an opinion, or portray themselves as a representative or spokesperson of our organisation unless they are specifically authorised in writing by us to do so.

(b) Employees who are permitted to access our Social Media accounts in order to post content online will be specifically notified in writing. If an Employee is not so notified, they may not use our organisation's official Social Media accounts or represent our organisation online in any way.

(c) An Employee who is permitted to officially represent our organisation online must:

(I) be professional, respectful and courteous;

(II) act in accordance with sound social networking practice at all times;

(III) respect the perspectives and opinions of others;

(IV) listen and respond to customer feedback courteously and professionally;

(V) never engage in arguments with customers or clients;

(VI) avoid making promises; where dealing with a customer service issue, offer to speak to the customer or client by telephone rather than making express promises online;

(VII) not answer questions outside their expertise, and seek guidance from senior managers before posting if assistance is required;

(VIII) comply with all of our written guidelines, including our employee handbook, privacy policy, code of conduct and any other written policy or document;

(IX) remain in contact with the relevant member(s) of our marketing team regarding content they post;

(X) avoid deleting customer or client comments or questions, even if they disagree with them, except where deletion is appropriate to remove unlawful, defamatory or offensive content;

(XI) never share our sensitive or confidential information, even if it is not subject to a specific written policy (confidentiality is further addressed in clause (10));

(XII) not post anything involving any form of unlawful discrimination, bullying or harassment, or any content which incites violence or which is abusive, sexist, racist, hateful, threatening, defamatory, offensive or obscene (these matters are further addressed in clause (11));

(XIII) correct false information about our organisation as soon as reasonably practicable; and

(XIV) never infringe the intellectual property rights of any third party, obtain proper permission to use any content, and always use the correct attribution.

(8) PERSONAL SOCIAL MEDIA USE WHILE OFF DUTY

(a) We recognise that Employees, as private citizens, may engage in lawful public discussion and debate on Social Media or otherwise during their own time.

(b) When using Social Media, sending emails, or conducting other internet activity while off duty, Employees continue to owe us duties of confidentiality, fidelity and good faith, and must not do anything which would breach those duties or which may harm us, including by damaging our reputation or by disclosing sensitive or confidential information.

(c) This Policy applies to off-duty conduct only where that conduct has a relevant and sufficient connection to the employment relationship, our business, reputation or interests. This Policy does not restrict lawful industrial activity, the exercise of any workplace right under the Fair Work Act 2009 (Cth), or any other right protected by law.

(9) INTELLECTUAL PROPERTY

(a) All of our copyright, proprietary information, trade marks, business names and other intellectual property must be respected and treated with the utmost confidentiality in connection with any use of Social Media.

(b) Employees may not use our logos, imagery, branding, business names, trade marks, email addresses or other intellectual property in connection with their personal Social Media use without our prior written consent.

(10) CONFIDENTIALITY AND PRIVACY

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(b) Employees must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and must not collect, use or disclose personal information about any Employee, customer, client, supplier or affiliate via Social Media except as authorised.

(c) Employees may not publish or share any photographs or images of any other Employee, customer, client, partner or affiliate on any Social Media except with the express consent of that person and the prior approval of a manager or supervisor.

(d) Employees may not discuss or identify any other Employee, customer, client, partner or affiliate on any Social Media except with the express consent of that person and the prior approval of a manager or supervisor.

(e) Nothing in this clause prevents an Employee from discussing their own wages, terms or conditions of employment, or from disclosing or commenting on information where they have a legal right or obligation to do so (including the exercise of a workplace right, participation in lawful industrial activity, or making a protected disclosure under whistleblower laws or to a regulator). This clause does not limit any right under the Fair Work Act 2009 (Cth).

(11) DISCRIMINATION, BULLYING AND SEXUAL HARASSMENT

(a) Unlawful discrimination, bullying and sexual harassment are not tolerated at our organisation, whether they occur in our workplace generally or via Social Media, and whether they occur during or outside ordinary work hours. We are committed to taking reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and harassment on the ground of sex, consistent with our positive duty under the Sex Discrimination Act 1984 (Cth).

(b) In addition to this Policy, Employees must be familiar with, and comply with, our Discrimination, Bullying and Harassment Policy, which applies to our workplace generally as well as to Employee use of Social Media.

(c) Employees must not engage in unlawful discrimination, bullying or harassment of any other Employee, customer, client or other person via Social Media, including conduct that may constitute discrimination under the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth), the Age Discrimination Act 2004 (Cth) or applicable State and Territory anti-discrimination legislation.

(d) Employees must not engage in any Social Media activity with any other Employee or person involving content which incites violence or which is abusive, sexist, racist, hateful, threatening, defamatory, offensive or obscene.

(e) When representing our organisation online, Employees must not engage in any form of discrimination, bullying or harassment.

(f) When representing our organisation online, Employees must not post any content which incites violence or which is abusive, sexist, racist, hateful, threatening, defamatory, offensive or obscene.

(12) PERSONAL VIEWS AND DISCLAIMERS

(a) When using Social Media in their personal capacity, Employees must make it clear that any views or opinions expressed are their own and do not represent the views of our organisation.

(b) Employees must not create the impression that they are speaking on behalf of our organisation, unless they have been expressly authorised in writing to do so.

(c) Where an Employee identifies themselves as being associated with our organisation on any Social Media, they should include a disclaimer to the effect that the views expressed are their own and do not necessarily reflect the views of our organisation.

(d) Employees must exercise good judgement and common sense at all times, and must not post any content which could reasonably be expected to bring our organisation into disrepute or otherwise harm our business, reputation or interests.

(13) STANDARDS FOR SOCIAL MEDIA USE GENERALLY

(a) When using Social Media, Employees are not permitted to:

(I) publish or share any photographs of any other Employee, customer, client, partner or affiliate except with the express consent of that person and the prior approval of a manager or supervisor;

(II) discuss any Employee, customer, client, partner or affiliate except with the express consent of that person and the prior approval of a manager or supervisor;

(III) communicate with any Employee via any Social Media in a way that could reasonably be considered harassment or bullying;

(IV) disclose any private, sensitive or confidential information about, or related to, our organisation, subject to clause (10)(e);

(V) identify themselves as an Employee of our organisation in a manner that breaches this Policy, unless authorised to do so;

(VI) make any false, misleading, defamatory or malicious statement about our organisation, or any Employee, customer, client, partner or affiliate; or

(VII) make a comment, present an opinion, or do anything else which is intended to, or could reasonably be expected to, unlawfully undermine or damage the legitimate business interests or reputation of our organisation.

(b) Where Employees have matters relating to their work that they wish to raise, they may approach a manager or supervisor for a confidential discussion, or use our grievance procedure.

(c) All of our Social Media accounts remain owned by our organisation, regardless of any authorisation an Employee may receive to post on them.

(d) Any media inquiry an Employee receives regarding our organisation must be directed to a manager, supervisor or our marketing team immediately. Employees may not respond to any media inquiry without our express written authorisation.

(e) Employees are personally and legally responsible for anything they post on their personal Social Media accounts, including any failure to disclose commercial relationships in marketing or advertising (including under the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or posting about any unlawful activity.

(14) BREACH

(a) Conduct that breaches this Policy is unacceptable at our organisation.

(b) Where an Employee breaches this Policy, we may take disciplinary action that is fair, reasonable and proportionate to the nature and seriousness of the breach, following a fair process. Such action may include:

(I) a verbal or written warning;

(II) a requirement to provide an apology (verbal or in writing);

(III) a requirement to attend training, including in relation to discrimination, bullying or harassment;

(IV) a requirement to attend counselling;

(V) demotion or reassignment of duties;

(VI) suspension; or

(VII) termination of employment, including summary dismissal in cases of serious misconduct.

(c) Before taking disciplinary action, we will, where appropriate, inform the Employee of the alleged breach, give the Employee a reasonable opportunity to respond, and consider any response, consistent with the principles of procedural fairness and the Fair Work Act 2009 (Cth).

(d) These procedures apply equally and fairly to any Employee who breaches this Policy, regardless of that Employee's position or seniority.

(15) REPORTING

(a) All Employees are required to comply with this Policy.

(b) Employees are encouraged to report any suspected breach of this Policy to us.

(c) We take breaches of this Policy seriously and encourage any Employee who believes a breach may have occurred to raise it promptly.

(d) Where an Employee reports a suspected breach, we will deal with the report sensitively and confidentially so far as is reasonably practicable. We will not tolerate any victimisation of, or reprisal against, a person who makes a report in good faith.

(16) HOW TO MAKE A REPORT OR SEEK ASSISTANCE

Employees may contact their supervisor or manager, or the following nominated contact, for a confidential discussion in relation to this Policy:

Contact name and position: ________

Contact details (email / telephone): ________

(17) ACKNOWLEDGEMENT

By signing below, the Employee acknowledges that they have read and understood this Policy and agrees to comply with it:

.......................................................
Employee Signature

Employee Name: ________

Position: ________

Date: ________