A Legal Perspective on Social Media Use and Employment: Lessons for South African Educators

Abstract

In this article, the author provides a legal perspective on the interplay between social media use and employment. The unique characteristics of social media are identified in order to frame the article before a number of considerations with regard to employment relationships that impact on deciding social media misconduct cases are deliberated upon. Thereafter, the author reflects on the implications of social media transgressions for educators' professions and contemplates the forms that social media misconduct by South African educators can take, with specific focus on defamation. Before the article reaches its conclusion, social media evidence and the impact of the unique characteristics of social media on users' legitimate expectations of privacy are also considered. The article concludes with a few guidelines on how educators can avoid the pitfalls that make social media use potentially hazardous to their employment.