In South Africa, employees are under the mistaken belief that what they do in their time away from the office, specifically on social media, is private and beyond the reach of their employer’s control.

They fail to consider that they could face disciplinary action for their online rants and comments. This could be fatal to their employment. The reality is that with the escalating use of social media during working hours as well as outside of company time, employees are regularly coming under fire for what they post online.

What is a chatbot?  Essentially it is a computer program which simulates human behaviour online, including on social media. Chatbots are not a new concept but are becoming increasingly sophisticated in what they can do and how closely they can mimic human behaviour online, such that they are increasingly replacing humans in populating social media for organisations.

Chatbots are widely used by corporations to stimulate conversation, promote products/services, increase consumer engagement and generally enhance the user experience. For example, RBS has announced an intent to launch a chatbot “Luvo” to help its customers with more straightforward queries; H&M has a chatbot on Kik, which learns about a user’s style though viewing photographs and recommends outfits; and Pizza Hut has a chatbot on Facebook and Twitter, which allows customers to place order via those platforms.

In 2017, the Indiana Commission on Judicial Qualifications (the “Commission”) issued an advisory opinion that the conveyance of information via microblogging platforms, such as Twitter, does not constitute prohibited “broadcasting” under Rule 2.17 of the Code of Judicial Conduct. Under Rule 2.17, judges are required to prohibit the broadcasting of courtroom proceedings to the public except under a narrow set of circumstances. Although this issue may seem geographically limited at first glance, courts and commissions around the country are considering this issue as microblogging activity becomes more prevalent.

On January 1, 2017, the National Labor Relations Board (“NLRB”) released an advice memorandum (dated September 22, 2016) that reviewed and approved Northwestern University’s revised Football Handbook’s social media policy. The NLRB Office of the General Counsel, which prepared the advice memorandum, was asked to advise whether the university’s Football Handbook policies, including its social media policy, were lawful.

On March 14, 2016, the popular chain, Chipotle Mexican Grill, was found to have violated the National Labor Relations Act (NLRA) when it asked an employee to delete posts on his Twitter account about the company.

Specifically, in Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a National Labor Relations Board (NLRB) administrative law judge determined that  that the employee’s “tweets” constituted protected activity.

The explosion of social media in the past decade has caused a major shift in the way we conduct our affairs. In particular, businesses have been required to adapt to new ways of communicating with their clients.  At a rate of thousands of social media applications surfacing each month, and new legal issues surrounding the use of social media, it can feel overwhelming, especially for new businesses. 

Social media platforms enable users to profit from their brand and original works such as photos, videos, articles and various “mash ups”. Their brand and content may be protected by trademarks and copyrights and users may generate thousands of postings

Social media has changed the way we do business by connecting us online to buy goods and services from each other. This has resulted in the rise of “peer-to-peer” sharing apps and websites that connect people to share goods and services, such as transportation and accommodation, among other things. Companies that create these apps – such as Uber and Airbnb – have recently attracted considerable attention worldwide.

Just last month Uber reported a valuation of $40 billion, which is more than the current annual revenue of the taxi and limousine market. Airbnb’s reported valuation is expected to exceed $10 billion. It is no surprise that these high price tag “sharing economy” firms are gaining international recognition.