Employee use of social media: Private, public or something else?

Abstract

This article examines the use of social media at the intersection of work and private life and analyses how employers are permitted to intervene in employees’ social media behaviour. In the article, this phenomenon is described as the hybrid role of an employee. It is created when a person adds work-related information to their personal social media profile and when employers encourage personnel to highlight their expertise and employer-related issues using personal social media accounts. The content of an employee's social media bio and social media postings, as well as an employer's social media policy, create a complex framework spanning the private and public domains. In addition, an employer's intervention in an employee's social media posts constitutes an interference with that employee's freedom of expression and private life, which are fundamental and human rights. Therefore, a compelling reason must exist for an employer to interfere with an employee’s use of social media. Factors that influence this assessment include the employee's position and duties, the closeness of the connection between the social media content and the employer, the (harmful) effect of this content on the employer or its activities, the veracity and public-interest value of the content, the proportionality of the sanction and its compatibility with the employer's social media policy.