Above all else, the smartest social media policy is to make sure that any posting is checked by someone else.
Control/Accountability for Content
How you use a medium is important. Your use on a particular medium is discoverable, so do not use your personal accounts for business. (Discoverable means records can be subpoenaed by the other side, and you can be questioned about it in a confrontational meeting called a deposition). You do not want your personal social media activity subpoenaed. If you are an entrepreneur, have a separate account for business.
Employment Law
Generally with company computers taken home, and personal mobile devices used at work it is controlled by the company, and you can be disciplined for what you write.
When hiring, there could be records retention issues in where you do your research on job candidates. This could include popular career networking sites. You may come across slanderous material about someone on an internet search.
Libel
One possible trend is by asserting yourself online as a businessperson, you might be lose some privacy and defamation protections. An opinion or a documented fact is generally not actionable for defamation, so cite your sources.
Privacy to a particular thing is lost when you say it in public.
In addition to libel, watch out for suits to business reputation, suits for interference with business opportunity, and suits for interference with contractual relations.
Copyright
When posting online photographs or video, generally if the scene is out in public, it is fair to post. Do not post another’s art unless it is a critique. With podcasting, if you want music or the spoken words of another, get permission from whoever has the copyright. You can use snippets of music if you are critiquing it.
Do not pretend to be someone else. They can sue you for trademark infringement, and/for privacy actions.
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