Who Owns My Blog?

08.18.2009

I have been working on creating a set of social media guidelines for a corporation, and as a result, I am examining social media policies across the business spectrum. They range widely in quality, from the relatively liberal policy at Intel to the draconian Associated Press policy that not only demands that you watch what you say on social media, but asks that you also delete any postings by friends that may violate the policy. As a general rule, I have found that the existing social media policies address two areas: First, guidelines for what to do when you are representing the company in an official capacity, such as blogging on a corporate website, and second, guidelines for personal social media activities such as facebook, blogging, etc.

It is perfectly legitimate, and in fact in the best interest of all involved, to have a clear policy for how to behave when blogging on a company website, tweeting using a company twitter account, or posting on a company Facebook page. These are clearly all actions that you perform as a direct result of your employment with the company and the company has every right to tell you how to behave. Where I have a problem is when these policies attempt to dictate what you can and can’t do on a personal blog, website, social networking site, twitter account, etc. I am pretty sure that the company does not own its employees, as I recall there is a Constitutional Amendment that makes that illegal.

Even Intel, which many see as an example of a progressive company when it comes to employee participation in social media, includes the following in their social media policy:

If you publish to a website outside Intel, please use a disclaimer something like this: “The postings on this site are my own and don’t necessarily represent Intel’s positions, strategies, or opinions.”

I cannot accept their requirement that employees, on sites that the employees own and operate, take time and energy to put up a disclaimer at Intel’s command. If this is the way Intel views their total hegemony over their employees’ lives, what is to prevent them from demanding that employees post signs at their doors stating “The opinions shared over beers and hot dogs at backyard barbecues are not those of Intel” or, even worse, would Intel forbid their employees from, in their personal capacity, writing letters to the editor about controversial topics such as gay marriage or abortion?

I think this is a classic case of discrimination against new media. Yes, new media and user-generated content can allow ideas to spread more quickly to a wider audience, but it is a quantitative difference, not a qualitative one. Employees are people with opinions. Whether they express those opinions at a condo association meeting, church prayer group, family picnic, or on a blog, employees have a right to express themselves without the need for an imprimatur from their company’s legal department.

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