Facebook comments considered to be workplace bullying

A recent test case decision handed down by the Full Bench of the Fair Work Commission (Commission) has ruled that comments posted on social media can amount to workplace bullying even if neither the person who posted them or their target were at work at the time.  The case highlights the importance of employers having a strong social media policy in place.

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Proposed anti-bullying legislation will target social media giants

The Federal Government is proposing to introduce legislation that will target the publication of offensive or harassing material aimed at children on social media websites.   [Read more…]

Social media rant costs respondent upwards of $350k!

The case of Seafolly Pty Ltd v Madden [2012] FCA 1346 (Seafolly) shows that those using social media for business should think carefully before making statements about competitors, regardless of what they think may have been done to their business. [Read more…]

User posts are advertisements!

The Advertising Standards Board

The Advertising Standards Board (ASB) is the centre piece of the self-regulating system of the Advertising Standards Bureau (Bureau).  The ASB includes twenty (20) individuals from a broad range of backgrounds and age that represent the diversity of Australian society.  It investigates complaints made in relation to an advertising or marketing communication, taking into account the appropriate sections of the Australian Association of National Advertisers Code of Ethics (Code) and any other relevant codes.  [Read more…]

How much is a Twitter follower worth?

Allegedly $US20!

This was the value of the loss claimed per Twitter follower in a claim brought before the United States District Court in the Northern District of California against Noah Kravitz (Kravitz) by his former employer, Phonedog.com (Phonedog).

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Legal risks of social networking for business

Much has been written on the “perils” of engaging in social networking by Australian business.  There are even some decided cases that have emerged in 2011 which highlight some of these perils.  Whilst there is no need to panic, by participating on Social Media Sites (SMS) during and after hours Employees can, and do, expose themselves and their Organisation to a diverse range of legal risks associated new millennium scenarios that remain largely untested legally.

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Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74

Misleading and deceptive conduct found because of failure to remove false statements on Facebook wall.

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