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Social business and freedom of speech

Molly Flatt

23 June, 2011

I spent yesterday afternoon in a 4-hour Developing Social Business workshop, hosted by the excellent folks at LikeMinds and attended by sterling social practitioners such as Lloyd Davis and Benjamin Ellis and a variety of brands from Stardoll to Investec.

What was most interesting to me was the fact that, although we covered a broad range of topics from organisational models to social media guidelines, internal comms platforms to leadership styles, the conversation kept coming back again and again to the frightening tendency of social to collide the personal with the professional.

How careful should you be when posting opinions online? What are you liable for as an employee? Should employers interfere with personal venues, providing positive guidance and encouragement, or simply step back?

When does a personal opinion have professional impact?

This has become a big roadblock of fear that companies get stuck behind when thinking about becoming social, and there are no easy answers. But it’s essential that we make some kind of peace with this uncertainty . This issue exemplifies the fact that people-centred business necessarily brings a host of ethical and cultural challenges, and often trust, common sense and giving permission to act and yes, maybe fail, are our only enablers to move on.

Benjamin Ellis made the excellent point that this is a relatively new dilemma; in the past our work and personal selves were one, as we lived in geographically bound communities where our identity embraced both. Thanks to the transparency of social media, we are in some ways going back to this state where we have to consider our whole selves as visible to colleagues, bosses, potential employers, competitors and family and friends.

I have three main thoughts.

  • Basically, this is a good thing. People should not be hiding or masquerading their real selves at work, and employers need to start accepting that for most of their customers or colleagues, discovering that Mark guy cross-dresses at weekends or that Jane hates the HR woman is not going to matter one iota. If someone is moaning about you with good reason, focus on tackling the problem and treating them better, not restricting what they say. If they’re just moaning, fine, it happens. We all do it. It won’t collapse the business.
  • Online word of mouth may be more widely and permanently visible, but the same principles should apply as offline WOM. Do not libel, do not betray confidences, and do not stand up and yell something in a crowded pub (or Facebook page, or blog, or Twitter feed) you aren’t willing to defend. Even more so if you’ve invited your boss or clients along to that pub (or platform). Otherwise, go ahead and be yourself. But if you want to criticise other people, you have to give them the right to do the same to you.
  • As Lloyd Davis pointed out, this heightened transparency and accountability means that businesses are going to become increasingly conscious about who they hire. If you don’t think that a candidate truly reflects your values as a business, then why would you want them in your team? Again, to me this is a positive development.

The legal situation around employee word of mouth continues to develop with all the halting contradictions you might expect, but Andrew Gerrard did highlight one important development I was unaware of: a case last year between American Medical Response, who sacked an employee after she criticised her boss on Facebook, and the US National Labour Relations Board, who in response asserted for the first time that employers break the law if they discipline workers who post criticisms on social networks under the First Amendment for free speech.

Of course, there are exceptions. The NLRB’s Facebook page asserts that Facebook comments can lose protected status depending on where the discussion takes place, the subject matter, the nature of the outburst and whether the comments were provoked by an employer’s unfair labour practice. But in general, people simply have to be allowed to speak their mind, even if it is unpalatable to you.

There is so much more to say on this, but it is clear that businesses simply have to stop being afraid of their people, and vice versa. Micro-monitoring and disciplining of word of mouth is not sustainable, and ineffective. Approaching the issue with honesty, realism and a willingness to try is the only way past the roadblock.

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  • http://netvani.com Anne Patrick

    What a great post, Molly! The tweet to your post really makes me curious what it is all about. And I enjoy reading this up to the last part. You had a good workshop about social media and the freedom of speech. Most of the time, those marketers are really into giving or presenting their own “goods” about their brand and products. And most likely ignore those bad reviews and feedbacks. Thanks for sharing your learning to us.

  • http://netvani.com Anne Patrick

    What a great post, Molly! The tweet to your post really makes me curious what it is all about. And I enjoy reading this up to the last part. You had a good workshop about social media and the freedom of speech. Most of the time, those marketers are really into giving or presenting their own “goods” about their brand and products. And most likely ignore those bad reviews and feedbacks. Thanks for sharing your learning to us.

  • http://theriverchurch.tv/ Scott Gould

    Fascinating topic Molly. It’s one that we are actually dedicating a whole session to at Like Minds in October and have a bunch of progressive lawyers coming to debate it out.

    As Like Minds has received brand damage in the past from people’s freedom of speech online (despite what they were saying was false), it’s a pertinent topic to me. I’ve had plenty of offline altercations, but nothing prepared me for what happens when someone digs into you online. Boy, it hurts, and it spreads!

  • Molly Flatt

    Yep, it can be a hard environment – back to the playground, eh? I definitely think the most important development here will be an individual and personal one, not one led by internal business policies. Social media users, after an initial exhilarating sense of freedom and disinhibition, are starting to realise their actions and words online have real consequences – I believe we will all start to filter and manage ourselves more sensitively as we get used to this new arena.

  • http://theriverchurch.tv/ Scott Gould

    The way that I have tried to deal with this is build such a strong rapport, and influence, with my community that attacks are largely irrelevant of all the positive building that I am doing.
    Not so much on thread with this conversation I know, but at the moment this is all I seem to be able to do!