Social Media and Our Misconceptions of the Realities

Old wine in new bottles? Regulating employee social media use through termination of employment law: A comparative analysis

“…In addition, the courts, when faced with cases involving termination of employment for social media use, are adapting old law to the new technological workplace as the means to regulate new methods of communication. It is indeed the case, as stated by Sanvenero, that the growing trend by courts and many employers, is to rely on old workplace practices, relationships and law that were better suited to a context before the ‘endless growing Internet’ and the communications revolution (Sanvenero, 2013). Whether this ‘old wine in new bottles’ legal approach is applicable to workplaces, technology and tech-savvy employees of the future remains to be seen, but as we have argued in this article, remains improbable.…”

“…Challenges deriving from changes in communications technology are not new. Like previous changes, social media (SM) represents a marked change in modes of socialization and communication and poses not only legal/regulatory issues, but also a challenge to employers’ control, by enabling employee interactions that are increasingly visual, unedited, uncensored, and which are enduring, potentially accessible to a global audience (Faelli, 2016; Mangan, 2015a; Mills, 2015; Sanvenero, 2013; Thornthwaite, 2016). The rise of social media and its use in the workplace raise important questions for policymakers, employers, employees and labour advocates.…”

“…In particular, we explore whether new legal principles are emerging from Courts and Commissions adjudicating social media dismissal cases or, whether it is a case of ‘old wine in new bottles’—existing laws being reframed to adapt to changed forms of communication and expression through social media. Indeed, Sanvenero has argued in the United States that there is a growing trend by courts to rely on old case law and statutes not created for the purposes of the endless growing Internet (Sanvenero, 2013). This article further explores this broad question, using a comparative approach to analyse legal cases on employee dismissal related to social media use, in Australia, Britain and the United States.…”