Social Media: Ethical, Legal and Privacy Issues, Assistant Professor, Strategic Communication, School of Journalism and Mass Communication Copyright 8/2/2012
Social Media and Public Engagement In the era of the 24-hour news cycle, the traditional once-a-day press conference featuring talking heads with a bunch of fancy titles has to be revamped and supplemented with Twitter posts, YouTube videos and the like. The public needs to be engaged in conversations and debate about issues of public health, they don t need to be lectured to. -Andre Picard, The Globe and Mail, June 9, 2010
Social Media Snapshot Over 50,000 people list themselves as a social media consultant on Linkedin 200 million Tweets are sent per day with over 175 million users Over 900 million users on Facebook YouTube is the second largest search engine and largest video-sharing site on the Internet Tumblr is a blogging platform that has over 1.5 billion views per month and is one of the top 50 sites on the Internet Flickr is the top online photo sharing site with the most stock images available under common creative licensing (you can use them without paying a fee)
What is the Social Media Eco-System?
Mapping the Twitterverse...
Health Information ranks 3 rd among online users
Pressure to Participate More health information is exchanged online than offline Social networking is helping your peers (and competitors) network, market, and build their businesses Families and friends expect you to be connected 24/7 Your employer has multiple social media sites, which you are expected to follow
Pitfalls of Participation Puts you in risky situations Creates a permanent record that can be used against you later Is fair game for future employers Drains you time and distracts you Raises expectations that you will always be available to others Creates multiple online identities
What about freedom of speech? Your freedom of expression is only protected to a point. 1. Remember, you are not the media your blog will not be afforded the same protections as the New York Times 1. You cannot use your free speech to violate others rights (e.g., you can t threaten violence, commit slander or libel, or contribute to the harm of another individual) 1. If your organization has a stated speech policy, you have voluntarily restricted your rights by accepting their conditions of employment
Corporate Reputation Concerns for Employers Angry customers creating negative WOM advertising Labor disputes being made public Employees posting on personal SM Whistleblowing through SM Political statements being made about the organization (or by the organization) Negative news about the organization being publicized through social media
Ethical Concerns for Employers/Employees The top 5 ethical concerns about social media facing employers include: 1. Blocking social media access for employees 2. Using social media information in employment decisions 3. Capturing employees personal data and communications through social media 4. Using listening technologies to monitor the workplace 5. Selling or sharing customer data
Legal Concerns for Employers/Employees The 5 major legal concerns surrounding social media use in healthcare include: 1. Privacy (HIPPA) 2. Fraud and abuse 3. Licensure 4. Tax-exempt status 5. Workplace safety
5 Things to AVOID on Social Media Don t friend patients or customers violates HIPPA Don t share any information that personally identifies a patient or customer (e.g., photos, names, descriptions) violates HIPPA Don t give any medical advice over social media even to a personal friend on Facebook risks licensure and liability Don t make political statements on social media Risks tax-exempt status Don t complain about your workplace or employer on social media Violates workplace safety laws/perceived threat
Tips for Balancing Employee Patient Rights Employees Customers/Patients
Group Activity Divide groups into 3 sub-groups: employees, management, patients/customers Imagine the following scenario: A pharmacist refuses to fill an order for a pregnant woman because the drug is known to harm the fetus. The woman gets really angry and leaves. The pregnant woman posts inflammatory and false information (on social media) about the pharmacy, specifically naming the pharmacist, the manager, and the employees in the store. Some employees are getting harassed at home as a result. One employee tries to defend themselves by posting a response. However, the response reveals the name of the patient and her physician. What do you do? Develop a response plan from your perspective (employee, management, or patient)
Group Activity Divide groups into 2 sub-groups: employees, management Imagine the following scenario: Your organization has just entered a labor dispute. Employees are using social media to stake their grievances and appeal to public opinion. The news media has picked up on the social media posts and is airing the information on the evening news. Customers are starting to take sides, posting comments of their own. Management decides to fire all employees who have posted anything on social media about the dispute. Who is right in this situation? Can management fire the employees? Do they have the right to free speech? What would you do to resolve this issue?
Assessment: What would you do? Your friend posts on Facebook about a bad rash she has on her leg.you reply?.. Your sister asks you to help her with her social marketing campaign. She wants an expert quote for her blog about the upcoming political rally..you say?.. Your best friend tweets about how lousy the pay raise was this year. She wants you to re-tweet it so everyone will know not to get a job here...you tweet?
Assessment: What would you do? You started a small business from home. One of your long time customers sends you a request on LinkedIn. He could be a great contact for your new business.you reply?.. Your church is holding a fundraiser to help sick children in Africa. They ask you to be in a YouTube video and talk about the need for OTC drugs such as baby aspirin for the kids...you say?..