Legal issues in social media

Legal Issues in Social Media

Court Cases & Personnel Policies

Interesting Court Cases

State v. Gurney– Superior Court of Maine

July 12, 2010

State v. Fowler– Superior Court of Maine

February 3, 2011

State v. Gurney

Kennebec Journal, February 7, 2012:

State v. Fowler

Bangor Daily News, May 25, 2010:

Business Court Cases

Hartwell v. Town of Oguinquit– Superior Court of Maine

October 4, 2012

Hartwell v. Town of Ogunquit

“Plaintiff essentially argues that the new evidence found on the website and on the lobster pound’s Facebook page is evidence that the [sic] Mr. Perkins misclassified the use of the space, therefor the initial application was never completed and the site plan and design review should not have been granted.”

Hartwell v. Town of Ogunquit

Business Court Cases

Lynch v. Christie– United States District Court for the District of ME

June 21, 2012– “[T]he motion for attachment is GRANTED, but only in the

amount of $100,000.”

– United States Court of Appeals for the First Circuit June 25, 2012

– “[Without deciding the difficult issue of whether there is interlocutory appellate jurisdiction, we remand to the district court for further proceedings.”

Lynch v. Christie

• Defamation (Allegedly)

Business Court Cases

Lynch v. Christie– September 7, 2011

Decision and Order on Motions to Dismiss Amended Complaint

– November 20, 2012 Decision and Order on Defendant’s Motion for Summary

Judgment

Business Court Cases

Lynch v. Christie– Defamation

“The act of harming the reputation of another by making a false statement to a third person.” Black’s Law Dictionary.

“To prove defamation, a plaintiff must establish that a false statement published to a third party harmed he plaintiff’s reputation so as to lower her in the community’s estimation.” Cookson v. Brewer School Dept., 974 A.2d 276, 285 (Me. 2009).

Personnel Policies – Social Media

What’s in the Title or Name?

– A Personnel Policy = Handbook = Guide – Procedures Manual = Rule = Codes of Conduct.

– Binding upon acceptance or imposition.

– Legal when interpreted, not when adopted.

Legal Requirements for a Policy

No per se rules for what’s to be included.

Thousands of examples of illegal provisions.

Basic few pages to comprehensive binders-full of materials.

Procedures may differ from Policies.(Procedures are more task-based v. “Do’s & Don’ts”.)

Mandatory Postings – Labor Law

State – Min Wage, Child Labor, Regulation of Employment, Unemployment & Un. Comp., OSHA, Human Rights, Safe Workplace for Computer Operators & Whistleblower’s Protection.

Federal – FLSA/Min. Wage, EE Polygraph Protection, EEO/EEOC, OSHA, FMLA, Uniformed Services/Reemployment Act, Worker’s w/ Disabilities.

NLRA – Union Organization/Collective Bargaining.

Social Media Policies: New Ground

COVERAGE:

Internet Usage - GenerallyFacebook MySpace Google+Twitter LinkedIn FlickrEmail YouTubeBloggingBDN Online Commenting?

ESSENTIALLY: “Communications”

Not Included ?: Fax, Snail Mail, Physical Posters

Considerations… Internet Usage

Software – Running / Downloading Server v. C-Drive – who owns data? Internet Usage on Company time. Pornographic, Immoral, Unethical Material.

(Pornographic Images/Content is Sexual Harassment.)

Discrimination against a protected class:(Race, Gender, Nationality, Religion, Sexual Orientation, etc…)

Considerations… Email Usage

Company business purposes only. Confidential Data cannot be shared or

exposed to malware, spyware or viruses. Restriction against personal affairs use.