10 February 2021
Article from January 2021 edition of INPractice
We’ve written before warning about the dangers of posting “stuff” on Facebook and tweeting about your work, your patients or your private life.
But we’re doing it again because recently the number of calls to Union Legal SA seeking advice about social media-related posts has increased incredibly.
What’s interesting is that more people have been seeking advice specifically regarding potential defamation action in relation to posts that are less than complimentary.
But, first, what is defamation?
Broadly, it’s a falsehood, whether written or spoken, which when published, seeks to lower the reputation of an identified individual (who is still living) in the eyes of others.
Seems simple right?
Well nothing is ever that simple. However, in this case if you have “let rip” to your friends and the evidence is up there in flashing lights on your unsecured Facebook page you could well be in serious trouble.
The rules of social media usage for nurses and midwives is a subject which has come into sharp focus over the past few years and one AHPRA have got their hands on and written extensive policy about. Bottom line, as far as AHPRA are concerned:
Inappropriate use of social media can result in harm to patients and the profession, particularly given the changing nature of privacy and the capacity for material to be posted by others.
Harm may include breaches of confidentiality, defamation of colleagues or employers, violation of practitioner–patient boundaries or an unintended exposure of personal information to the public, employers, consumers and others. Information stays on social media indefinitely. Information published on social media is often impossible to remove or change and can be circulated widely, easily and rapidly. Therefore, it’s important that you are very careful about what you like or post online - regardless of where in the world the site is based or the language used.
And AHPRA will vigorously investigate breaches of their policy.
We understand that in the workplace there are always tensions. It is inevitable that there will always be people or patients that we like and those that we don’t.
It’s easy to forget when we get home and want to blow off some steam, picking up the iPad and letting rip on Facebook about your manager or your rubbish day at work is a really bad idea. In fact, it could be a very expensive error, particularly if your post is untrue and it belittles or is a personal attack on another nurse’s professionalism or competence.
And for those of you who join in on the bagging of another by liking a post or re-posting ... you are not immune to criticism and may well be joined in a lawsuit.
Even anonymous defamatory material posted via a web platform such as Google can be traced as shown in a recent case of a dentist who was defamed anonymously through a Google online review platform. A court has now allowed the dentist to issue proceedings in the US to force Google to provide details of the person who posted the comments.
My view about this is just don’t use social media. However, I know that many of you rely on Facebook and Twitter to keep up with friends and family so if you must use social media here is my advice:
Think before your tweet. Take a deep breath before you post something on Facebook
And ask yourself……
Do I really need to post this? If it’s a photo of your cat, go ahead, if it’s anything else I wouldn’t do it.
Case Study
For many years there was a tiny bit of case law about social media and its impacts. Now however, there is a veritable cornucopia of cases I could recite. Here is just one case.
Farley was 17 and a student at the local high school. His father was a head teacher but due to a long-term illness Farley’s dad had a lot of time off and in his absence another teacher replaced him.
Ms Mickle was well liked and given her significant contribution to the school they named a building after her. Farley, who had never been taught by Ms Mickle, was unhappy about the honour bestowed on her and took to Facebook and Twitter texting abusive posts.
He had approximately 60 followers which included local business and other students. At one point a follower warned Farley to stop as he could be in trouble with the tone and content of the posts, but Farley didn’t listen.
Ms Mickle saw the posts and sued Farley. She was awarded $105,000 and a further $20,000 in aggravated damages because although Farley apologised to Ms Mickle, he continued to defend his actions.
Need legal advice?
Contact Union Legal SA
P: 1800 792 834
E:
[email protected]
www.anmfsa.org.au/unionlegal
Click here to read the January 2021 edition of INPractice