What employees post can create real liability for a business: disclosing confidential information, making claims about products that cannot be substantiated, or damaging the company’s reputation. Most businesses have no policy at all, which makes both the expectations and any disciplinary response difficult to defend later.
A workable policy is short and specific rather than long and legalistic.
What the policy should actually cover
That confidential information, customer details and unreleased plans are not posted. That employees do not speak on behalf of the company unless authorised. That product claims must be accurate, since advertising claims made by staff still bind the business.
That harassment and discriminatory content are misconduct wherever posted. And that anyone posting about the company should say they work there, which is a disclosure obligation rather than a courtesy.
Distinguish personal use from company channels
Employees have private lives and a policy that attempts to govern all personal posting is unworkable and likely unenforceable. The legitimate reach is conduct connecting to the business: confidentiality, representation, and conduct that damages the employer.
Be specific about who may post on company accounts, who approves content, and who holds the passwords. Businesses regularly lose access to their own accounts when an employee leaves.
Disclosure obligations apply to staff too
If employees promote the company’s products on their own accounts, that is a commercial relationship requiring disclosure under the code administered by the Advertising Regulatory Board, and the obligation falls on the business as much as the individual.
The same applies to any influencer or partner posting on your behalf. Unsubstantiated claims made by someone else on your behalf remain your problem.
Discipline still requires a fair process
A social media policy does not shortcut labour law. Dismissal requires a fair reason and a fair procedure, including investigation, putting the allegations, and allowing a response, as set out by the Department of Employment and Labour.
Employers most often lose these cases on procedure rather than substance. Communicate the policy, have employees acknowledge it, and apply it consistently, because inconsistent enforcement is itself a defence for the employee.
Frequently asked questions
Why does a small business need a social media policy?
Because staff posts can disclose confidential information, make unsubstantiated product claims, or damage the business, and expectations must be set in advance.
Can I control what staff post personally?
Only where it connects to the business: confidentiality, speaking for the company, and conduct that damages the employer.
Do employees promoting our products need to disclose it?
Yes. It is a commercial relationship carrying disclosure obligations on the business as well as the individual.
Who should hold the company account passwords?
The business. Access regularly gets lost when an employee who held it leaves.
Can I dismiss someone for a post?
Only with a fair reason and a fair procedure. Employers most often lose on procedure and inconsistent enforcement.
Further reading
Originally published in January 2018. Updated September 2026 into guidance on setting a workable staff social media policy.
