In the wake of the assassination of Charlie Kirk, there has been a barrage of employment terminations because of negative and insensitive posts shared online. There are more terminations to come, as individuals continue to report these sorts of posts to employers. Undoubtedly, these events will open a floodgate of legal battles in courts. This is not particular to the west. In Nigeria too, employees and influencers have lost jobs and deals over controversial posts and leaks, as employers now view social media conduct as an extension of workplace professionalism.

There is a debate surrounding the need to balance freedom of expression with an organization’s reputation, and it begs the question, “Should a company fire an employee for exercising his/her fundamental human right to freedom of expression?”.

The employee believes social media is a personal space where they are free to express strong opinions about some trending issues. The employer on the other hand believes these expressions can put the company’s reputation, client relationships, workplace culture, and values at risk. Whilst the employee is indeed entitled to his/her right of expression, the employer is also entitled to protect the company from expressions that are inconsistent with the company’s values and policies.

So, where does an employee’s freedom of expression online or offline end, and where does organizational discipline begin? The reality is that the boundaries may not be clear, as what is labelled as hate speech by one may be regarded as free speech by another. It is therefore necessary for both employers and employees to create a balance with the help of the social media Policy.

What is a social media policy?

A social media policy (“Policy”) is part of a company’s business code of conduct that tells employees how they should represent themselves and the brand on social media. The policy must be clear and concise, leaving no room for interpretation or argument as to what a company considers acceptable and unacceptable behavior, and must be introduced to employees at the point of onboarding.

Importance of policy in this digital age

1. Sets clear expectations: The Policy ensures that the employees are aware of how the employer expects them to represent themselves and the brand online.

2. Protects the company’s reputation: The actions of employees online may reflect on the organization's image. The Policy guides the online activities of the employees and reduces the risks of reputational damage.

3. Safeguards confidentiality: The policy emphasizes the need to maintain confidentiality and prevents employees from inadvertently sharing sensitive information online or commenting on posts that may disclose the organization’s link to sensitive information.

4. Protects employees: Although employees may believe that the policy restricts their free speech, it serves as a guide that prevents them from sharing posts that could potentially harm their careers.

5. Crisis management: In times of controversy or crisis, the Policy ensures that the employees know the appropriate way to communicate online to prevent any misunderstanding in the future, and shows the employees the sanctions that accompany failure to adhere to the policy

Organizations must draft a clear and transparent social media policy that balances freedom of expression with respect and humanity, without over-policing the rights and freedom of expression of employees. They must train the employee on how not to “cross the line” but engage in mature dialogues and issue warnings before resorting to punitive measures.

Employees must re-evaluate their thoughts before posting online, and channel strong opinions into constructive and respectful discourse. Understand the values your organization stands for and resist the urge to engage and encourage contrary opinions and interests online. You must know that freedom of expression does not equate freedom from consequences, as such unguarded expressions may carry professional consequences.

Employers and Employees need each other, and in this digital world, a good reputation benefits both parties.