Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Does Your Business Have a Blog? Balancing the Risks and Rewards
Author: Dan Brecher
Date: November 17, 2014
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The advantages of corporate blogging are numerous. HubSpot reports companies that blog are 13 times more likely to generate a positive marketing return on investment. For large corporations, the informal and personal tone can help humanize the company. Corporate giants Google and Microsoft are frequent bloggers. Blogging also allows businesses to react quickly to current events and frame their own message. In the wake of its recent ignition switch recall, General Motors repeatedly took to its corporate blog to express its commitment to vehicle safety.
As with every business practice, blogging has legal risks. Most notably, you can be held responsible for anything your employees post on your behalf. Under the doctrine of vicarious liability, employers are generally held accountable for the conduct of their employees so long as it occurs during the course of their employment. For instance, if a member of your marketing staff makes an unsubstantiated and unflattering comment about a competitor, you could face a costly defamation lawsuit. Similarly, if an employee fails to secure the proper license before posting a picture to your blog, you could be liable for copyright infringement.
To address these risks, it is important to have a blogging and social media policy in place. At minimum, the policy should specify who is authorized to post to a blog or social media site and establish protocols for obtaining approval for content.
Employees tasked with managing the company’s social media and blogging efforts should also be trained regarding potential legal hazards, ranging from plagiarism to leaking confidential information. As with any business practice, the goal is to ensure that blogging helps and does not hurt the company’s bottom line.
If you have questions about corporate blogging or would like to discuss legal issues impacting your business, please contact me or the Scarinci Hollenbeck attorney with whom you work.
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No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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