Facebook "Unfriending" May Create Legal Liability

Be careful whom you Facebook "friend" and "unfriend" because this act may have legal consequences.  An employment law case originating in Australia recently mentioned Facebook "Unfriending" in one of its decisions as a point of contention and it wouldn't surprise me if this issue gains more legal significance in similar cases around the world.

According to Wired UK, Australia's Fair Work Commission recently stated that that "unfriending" a work colleague showed a "lack of emotional maturity".  Did the commission declare the act bullying?  No; however, the fact that this was even mentioned demonstrates that the issue was on the minds of the commission's members and that it may play a larger role in future decisions.  

This new development demonstrates the importance of creating reasonable digital policies and training and continually educating employees about online issues.  The bottom line is that every digital mouse click and character posted may have legal repercussions.  Therefore, its imperative to ensure that the legal issues inherent are understood before you "friend" or "unfriend" people on Facebook and other electronic platforms.  

Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.     

Missouri Law Bans Social Media Contact Between Teachers and Students

Missouri's new social media law was created to protect students from sexual misconduct by teachers. The law bans direct contact between educators and students on social media and is also known as the "Amy Hestir Student Protection Act".

Section 160.069 of the new law prohibits teachers in elementary, middle or high schools from establishing, maintaining or using a work-related website unless it is available to school administrators and a child's legal guardian. At first glance the bill sounds like a good idea. Unfortunately, upon further review it will create many unanticipated problems. It is reminiscent of Cleveland's recent effort to ban Flash Mobs and/or Tweet Ups. Great intentions but bad law.

There is a tremendous lack of understanding regarding social media by elected officials across the country. Does Missouri have a law that bans teachers and students from being able to join the same Churches, Mosques, and Synagogues? Does Missouri have a law that bans teachers from interacting with students in activities outside of the school environment?

If a teacher is not able to interact with a student privately online why should a teacher be able to interact with a student privately in the real world? This new law is an over-reaction and will most likely soon be challenged and eventually overturned.

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.