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Department of Justice Social Media Policy for Employees

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This is the official policy for social media use at the Department of Justice and provides guidance for departmental employees and external contractors on their professional and personal use of social media.

All employees are responsible for knowing and understanding the policy.

Department of Justice Social Media Policy 

This policy was developed to sit under the framework for the Guidance for the use of social media in the Victorian public sector released by the Public Sector Standards Commissioner.

It is essential that you understand that comments you make via social media platforms are as public as if you were making the same comments to the media or at a public forum.

The intention of this policy is to establish a culture of openness, trust and integrity in activities around Web 2.0.

The objectives of this policy are compatible with the Charter of Human Rights and Responsibilities Act 2006 and the Public Sector Standards Commissioner Guidelines for the use of social media in the Victorian public sector.

Scope

This policy applies to all employees and contractors of the department.

General Responsibilities as a public sector employee

Everyone should be aware of their responsibilities under the Code of Conduct for Victorian Public Sector Employees (VPS Code of Conduct). This policy is based on sections:

• 2.2 Remaining apolitical
• 3.2 Using powers at work
• 3.4 Official Information
• 3.5 Public comment
• 3.9 Public trust
• 5.3 Work resources
• 5.4 Open to scrutiny
• 6.1 Fair and objective treatment
• 6.2 Privacy and confidentiality
• 6.3 Maintaining confidentiality
• 6.4 Equity and diversity.

Compliance

Depending on the circumstances, non-compliance with this policy may constitute a breach of employment or contractual obligations, misconduct (under the department's Misconduct Policy), sexual harassment, discrimination, or some other contravention of the law.

Those who fail to comply with this policy may face disciplinary action and, in serious cases, termination of their employment or engagement.

Identifying inappropriate use

If you notice inappropriate or unlawful content online relating to the department, or content that may otherwise have been published in breach of this policy, you should report the circumstances via email to Jacqueline Page, Manager, Online Collaboration and Citizen Engagement, Strategic Communication Branch (Jacqueline.Page@justice.vic.gov.au).

Privacy breaches can also be reported to the department’s Privacy Unit on (03) 8684 0178.

Definitions

Social Media 

Content created by people using highly accessible and scalable publishing technologies. Social media is distinct from industrial media, such as newspapers, television, and film. Social media comprises relatively inexpensive and accessible tools that enable anyone (even private individuals) to publish or access information – industrial media generally require significant resources to publish information. (http://en.wikipedia.org/wiki/Social_media)

Social Media may include (although is not limited to):

• social networking sites (eg Facebook, Myspace, LinkedIn, Bebo, Yammer)
• video and photo sharing websites (eg Flickr, Youtube)
• blogs, including corporate blogs and personal blogs
• blogs hosted by media outlets (eg ‘comments’ or ‘your say’ feature on theage.com.au)
• micro-blogging (eg Twitter)
• wikis and online collaborations (eg Wikipedia)
• forums, discussion boards and groups (eg Google groups, Whirlpool)
• vod and podcasting
• online multiplayer gaming platforms (eg World of Warcraft, Second life)
• instant messaging (including SMS)
• geo-spatial tagging (Foursquare)

Statement of Policy 

Professional use of social media

Becoming authorised to comment

• Before engaging in social media as a representative of the department, you must become authorised to comment.
• You may not comment as a representative of the department unless you are authorised to do so.
• To become authorised to comment in an official capacity, you have been through a trial usage period on Yammer, gained approval from (at a minimum) your director, and from the Manager of Online Communications and New Media team, Strategic Communications Branch (Jacqueline.Page@justice.vic.gov.au).

Rules of engagement

Once authorised to comment as a department representative, you must:

• disclose you are an employee/contractor of the department, and use only your own identity, or an approved official account or avatar
• disclose and comment only on information classified as public domain information
• ensure that all content published is accurate and not misleading and complies with all relevant departmental and WoVG policies
• ensure you are not the first to make an announcement (unless specifically given permission to do so)
• comment only on your area of expertise and authority
• ensure comments are respectful of the community in which you are interacting online
• adhere to the Terms of Use of the relevant social media platform/website, as well as copyright, privacy, defamation, contempt of court, discrimination, harassment and other applicable laws, and the department's Personal Information Policy.

If you are authorised to comment as a department representative, you must not:

• post or respond to material that is offensive, obscene, defamatory, threatening, harassing, bullying, discriminatory, hateful, racist, sexist, infringes copyright, constitutes a contempt of court, breaches a Court suppression order, or is otherwise unlawful
• use or disclose any confidential or secure information
• make any comment or post any material that might otherwise cause damage to the Department's reputation or bring it into disrepute.

Moderation of department produced social media

• The site owner must ensure a moderation policy is clear when inviting comments from the public on a department website or social media platform.
• All department website activity (including any social media) must be approved by the department’s Website Management Taskforce.

Personal use of social media 

Overview

The department recognises that you may wish to use social media in your personal life. This policy does not intend to discourage nor unduly limit your personal expression or online activities.

However, you should recognise the potential for damage to be caused (either directly or indirectly) to the department in certain circumstances via your personal use of social media when you can be identified as a Department of Justice employee. Accordingly, you should comply with this policy to ensure that the risk of such damage is minimised.

You are personally responsible for the content you publish in a personal capacity on any form of social media platform. When in doubt, you should seek guidance from the department on how to comply with the following obligations.

Where your comments or profile can identify you as a public servant,

You must:

• only disclose and discuss publicly available information
• ensure that all content published is accurate and not misleading and complies with all relevant departmental and WoVG policies
• expressly state on all postings (identifying you as a government employee) the stated views are your own and are not those of the department or the government
• be polite and respectful to all people you interact with
• adhere to the Terms of Use of the relevant social media platform/website, as well as copyright, privacy, defamation, contempt of court, discrimination, harassment and other applicable laws, and the department's Personal Information Policy.

You must not:

• post material that is offensive, obscene, defamatory, threatening, harassing, bullying, discriminatory, hateful, racist, sexist, infringes copyright, constitutes a contempt of court, breaches a Court suppression order, or is otherwise unlawful
• imply that you are authorised to speak as a representative of the department or the government, nor give the impression that the views you express are those of the department or the government
• use your department email address or any department or Victorian Government logos or insignia
• use the identity or likeness of another employee, contractor or other member of the department and
• use or disclose any confidential information obtained in your capacity as an employee/contractor of the department
• imply you are authorised to speak on behalf of the department, or give the impression that any views you express are those of the department
• use your department email address or any department or Victorian Government logos or insignia that may give the impression of official support or endorsement of your personal comment
• use or disclose any confidential information or personal information obtained in your capacity as an employee/contractor of the department
• post material that is, or might be construed as, threatening, harassing, bullying or discriminatory towards another employee/contractor of the department
• make any comment or post any material that might otherwise cause damage to the department's reputation or bring it into disrepute.

Reasonable/unreasonable personal use

When accessing social media via the department's Internet, intranet and extranet systems, you must do so in accordance with the Department’s Internet and Email Usage Policy, which requires you to use these resources ‘reasonably’, in a manner that does not interfere with your work, and is not inappropriate or excessively accessed.

Examples of reasonable use include:

• re-tweeting content from the Justice_Vic account on  your own Twitter account
• accessing and posting comments on the Justice  network within Yammer (microblog service)
• participating in working groups on the VPS Hub (whole of Victorian government intranet)
• updating Facebook status and posting messages during a lunch break
• departmental resources should not be used to access or post any material that is fraudulent, harassing, threatening, bullying, embarrassing, sexually explicit, profane, obscene, racist, sexist, intimidating, defamatory or otherwise inappropriate or unlawful.  
• you should not use the department’s Internet and computer resources to provide comments to journalists, politicians and lobby groups other than in the course of their official duties.
• it is not acceptable to spend hours using social media that is not related to your work.

Guidance for navigating legal issues

The following is offered as general guidance to assist you in complying with the obligations set out in this policy. When in doubt, seek further guidance from the department.

Privacy, confidentiality and information security

You should only use personal information obtained in the course of your employment/engagement with the department in a manner consistent with the Department's Personal Information Policy and Information Security Policy.

You should not publish or report on conversations or information that is deemed confidential or classified or deals with matters that are internal in nature.

For more information on posting material online (in the “public domain”), refer to the Information Management Policy section “department information in the public domain.”

Copyright

You should respect copyright laws and fair use of copyrighted material and attribute work to the original author/source wherever possible.

Harassment and bullying

The Department’s Anti Bullying and Workplace Conflict Policy applies online and in the physical workplace.

Workplace bullying and harassment includes any bullying or harassing comments employees make online, even on their own private social networks or out of office hours.

Abusive, harassing, threatening or defaming postings are in breach of the department’s Anti Bullying and Workplace Conflict Policy, and may result in disciplinary action being taken.

All employees are expected to treat their colleagues with respect and dignity and must ensure their behaviour does not constitute bullying and/or harassment.

Defamation 

• You should refrain from publishing material that may cause injury to another person, organisation, association or company's reputation, and should seek further guidance if publication of such material is thought to be necessary.

Offensive or obscene material

• Material may be offensive or obscene and may infringe relevant online classification laws if it pornographic, sexually suggestive, harassing, hateful, racist, sexist, abusive or discriminatory.

Contempt of Court

• You should exercise care if referring to pending court proceedings to avoid publishing material that may have a tendency to prejudice those proceedings, in particular, material that will not be part of the evidence in those proceedings.
• You should make enquiries as to any applicable court suppression orders prior to commenting on any court proceeding (whether past or pending).

Related Policies

• Code of Conduct for Victorian Public Sector Employees
• Guidance for the use of social media in the Victorian public sector
• Information Management Policy
• Anti Bullying and Workplace Conflict Policy
• Internet and Email Usage Policy
• Information Security Policy
• Personal Information Policy

References

• Charter of Human Rights and Responsibilities Act 2006
• Information Privacy Act 2000
• Public Administration Act
• Equal Opportunity Act

Policy Status

• This policy was endorsed on 20 December, 2010
• This policy is effective from 1 March, 2011

This policy is endorsed by: Julia Griffith, Executive Director, Regional and Executive Services.

Modification and Review

• The date the policy is due for review no greater than three years from the date of endorsement.
• The General Manager, Corporate Communication is responsible for reviewing this policy.

Further Information

Contact Jacqueline Page, Manager, Online Collaboration and Citizen Engagement, Strategic Communication Branch for further information about the policy by phone: (03) 8684 0322 or email: Jacqueline.Page@justice.vic.gov.au.

 

This Social Media Policy by the Victorian Department of Justice is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported licence.