Hearst Magazines, the parent company of popular publications such as Cosmopolitan and Esquire, recently introduced a new social media policy that has raised concerns among employees and civil rights advocates. The fairly vague policy warns employees that even “liking” controversial content on social media could result in termination, and encourages them to report colleagues who post content that could violate the rules. The policy applies to personal accounts in addition to professional ones, and gives managers the right to tell employees to delete “objectionable” content. The policy also urges Hearst staffers to report co-workers’ social media rule-breaking or anything that could “impact the reputation or objectivity of Hearst Magazines” to management, in what the union statement dubbed “a frighteningly authoritarian flourish”. This policy has been criticized for its potential to create a culture of fear and mistrust among employees, as well as for its potential to violate employees’ privacy and civil rights. The policy raises several legal and ethical questions, including:
- Freedom of Speech: The policy could be seen as a violation of employees’ First Amendment rights to free speech, as it restricts what employees can say on their personal social media accounts
- Employee Privacy: The policy could also be seen as a violation of employees’ privacy rights, as it encourages colleagues to report on each other’s social media activity.
- Employment Law: The policy could potentially violate employment laws, such as the National Labor Relations Act, which protects employees’ rights to engage in “concerted activity” for their mutual aid or protection.
- Discrimination: The policy could potentially be used to discriminate against employees based on their political beliefs, race, gender, or other protected characteristics.
It is unclear whether Hearst Publishing’s new social media policy sets a precedent or if it has been a policy of other companies. However, social media policies that restrict employees’ freedom of speech and encourage colleagues to report on each other’s social media activity are not uncommon. This kind of policy has raised concerns among employees and civil rights advocates, who argue that it could violate employees’ privacy and civil rights, as well as their First Amendment rights to free speech. The policy has also been criticized for its potential to create a culture of fear and mistrust among employees.
While it is understandable that Hearst Magazines wants to protect its reputation and ensure that its employees are not engaging in behavior that could harm the company, the new social media policy raises serious concerns about employee privacy, civil rights, and freedom of speech. It remains to be seen how the policy will be enforced and whether it will face legal challenges in the future.