The social media implications on employment : a legal minefield

Abstract

The meteoric rise in popularity of social media platforms such as Facebook, Twitter and LinkedIn has truly changed almost every aspect of daily human life. In this regard, the workplace is no exception and social media use at the office has brought about a number of legal questions, turning this area into a truly legal minefield. This thesis first analyses the data protection and privacy issues related to social media vetting conducted in the recruitment process, and gives recommendations on the fundamental rules and principles which need to be observed when conducting such vetting. Furthermore, this study analyses the social media repercussions arising through use at the workplace, with this including a discussion on the legality of prohibiting social media use, as well as on the monitoring of employee internet use during office hours. Moreover, this thesis proceeds to evaluate the instances where employee social media behaviour can lead to vicarious liability on the employer, with a particular emphasis being made on libel and sexual harassment cases. Additionally, the author also evaluates the vague legal framework regulating the disputed ownership of social media accounts and contacts, and the questions which arise in this regard. Lastly, this thesis conducts a study of the principles applicable in unfair dismissal related to the social media, as well as human rights considerations which should be kept in mind. Both technology-neutral laws as well as the plethora of cases, which have reached the Courts in the UK, Canada, US and Australia, have also been analysed. In conclusion, the thesis strives to forecast the legal reasoning applicable in a hypothetical Maltese scenario, and recommends self-regulation through written social media policies which can minimise the risks employers can face.