BUSINESS LAW BLOG
This blog provides explanations and answers to frequently asked questions by entrepreneurs.
25Jan/080

Why is it important for a company to have a blogging policy?

Posted by Harsharn Makkar

Like other personal policies, a blogging policy can help employees understand the issues employees can or cannot discuss on a company blog or a personal blog. A blogging policy can forewarned the employees about the consequences of policy violations. A well thought out blogging policy also provides recourse against the employee blogger who divulges sensitive information on a company or employee's personal blog. In addition, unless a company declares to the world its personnel policies ahead of time, it may not able to separate itself from the employee misconduct, which may result in loss of business reputation. Furthermore, such a policy can guide the company to establish clear standards so the company can take consistent actions in case of a violation rather than cherry pick, which may amount to condoning one employee's misconduct.

But even if company has a blogging policy in place, what should an employer restrict. Should an employer forbid all employee blogs? Should an employer forbid blogs that simply make reference to the company?
Should employer forbid blogs that make only derogatory comments?

There is no one answer that fits all since a company must weigh potential benefits against banning all blogs based on its goals, its products and services, and the applicable laws. For example, a company that bans all blogs may be going overboard since current body of law only permits employers to discipline an employee for comments based on race, gender, interference with business relationship, etcetera. More importantly though, if a company decides to censor its employee blogs, the censorship may impose liability in case of an improper posting that should have been filtered. And if the company does censor the content, what should be the standard for censorship.

As articulated already that even though there are many unanswered questions and the policy that an employer may establish may not protect the company from all types of allegations, nevertheless, it is advisable to have a policy as a company would any other personnel policy since an imperfect policy is better than none at all.

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