Finding Clarity in the Face of Cybersmearing

The critical role of cybersecurity in business came into sharp focus during that pandemic as employers dealt with a remote workforce. Organizations that previously paid little attention to employees’ personal social media or websites have discovered that their companies are often a topic of discussion in online interactions — and not always in a positive way. The ease of anonymous messaging further complicates the issue, as unidentified posters may have motives that go beyond venting about the workplace. While many employers have steps to minimize hacking, which we will address next month, network firewalls cannot protect them from online criticism, aka cybersmearing. 

By the time a defamatory statement or accusation reaches company executives, it may have already been around the world. Ironically, the business advantage of high-speed information transmission can be diminished by a lightning-fast rumor mill and equally swift discussion. 

Ignoring a potentially negative post is rarely the best response, but overreaction is also ill-advised. So, what is an employer to do?      

Managing the message

How you respond to cybersmearing depends first on determining if the message is, in fact, a cybersmear, especially when employees are the source. If an employee simply wishes something would change at work, the comment can provide good insight for the employer. If a poster expresses worries about a management change, possible layoffs, or returning to the workplace post-COVID, the motivation is not to hurt the company. Provide an honest response — even if it means admitting that you are not certain yourself — to preserve morale and loyalty.

 When an employee appears to be the source of false or damaging rumors, the company response must be measured and positive. Instead of reinforcing false information in the course of denying it, develop a message that quashes the rumor by providing facts up front in a positive way. If, for example, the circulating falsehood is that the company is going out of business, the response can start with how much the business has grown in the current year. If the defamation is anonymous, contact your internet provider to help you identify the source. With almost 5 billion internet users worldwide, however, your company should not wait to counter with press releases, website posts, and other means to provide the correct information.

Policies for prevention

Robust internet and social media policies will minimize employee involvement in cybersmearing, regardless of motive. The following steps will help you develop a clear message that employees will understand. 

  • Clarify the guidelines for use of business email. A message from the company email address is essentially a message from the company itself. If your company is publicly traded, disseminating false information could even be considered securities fraud.

  • Ensure that the social media policy prevents disclosure of the company’s proprietary information, unprofessional posts, unauthorized statements on the company’s behalf, or malicious criticism of the company or its employees. Careful crafting of the policy is essential, as the National Labor Relations Board protects an employee’s right to discuss workplace conditions. Consult with an employment lawyer to make certain that your policy protects your interests without violating employee rights.

  • Encourage employees to notify management if they encounter rumors or any sort of negative information about their employer online.

  • Hold employee training sessions to explain policies and reasons for implementing them. Communicate the importance of preserving company privacy and outline their personal liability if they post confidential or misleading information.

In an information-saturated world, employers must do everything possible to ensure that online information about their business is correct. The power of the internet to shape perception of your company is immense – and still growing. Engage an internet-savvy employment attorney to advise you as you develop policies to help you conquer the cybersmearing menace. As always, we are happy to help.

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What Your Company Needs to Know About Cyberattacks

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Judge Ketanji Brown Jackson and the Future of Labor and Employment Law