If you are thinking that a 140 character statement is harmless, think again and mainly think twice before “twitting” something which you might regret. 

Social media if approached without care may cause serious consequences for both employers and employees and not only.  

For employers, the risks include vicarious liability for discrimination, harassment and bullying, leaks of confidential information, loss of intellectual property and damage to the company’s reputation and brand. For employees the risks, if found to be in breach of their employers’ policies, include potential fair dismissal.   

Generally though, Twitter is a very powerful and popular communication medium with a great reaching capability. Its effect is immediate. The same is true for its consequences, if you get it wrong.

In the latest, and the first defamation case brought in the UK involving comments made on Twitter, a local South Wales councillor settled a defamation case involving a comment made on Twitter regarding another councillor. The statement which was later (after a week) corrected allowed the councillor mentioned in the statement to bring a case for defamation which was later settled but not before the councillor making the Twit paying damages for £3,000 and costs close to £50,000. 

So, the moral of the story is when you embrace new (and not so new) forms of social media, be aware that despite the ease and informality of Twitter and Facebook, the law of defamation and all the other legal obligations (together with the risk of costly and time-consuming proceedings) still apply. 

For more information on the legal issues and consequences of the social media please take a look at our social media information package. 

All articles are for general purposes and guidance only and do not constitute legal or professional advice. Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author’s name and bio.