Social Media – the Same Thing Only Different

Two articles I noticed this morning emphasize that while social media can bring its own set of legal issues, sometimes its use can have the same consequences as any other form of publication.

The first is a CBC news report that a man has been charged with criminal harassment for his tweets. He was charged a couple of years ago for derogatory and threatening messages. The case is now at trial.

The second is a post at ipblog.ca about a decision regarding an employment non-competition clause. It was alleged that the defendant had contacted customers in violation of confidentiality obligations. The court found no liability in this instance, and mentioned in passing that “the information was all publicly available and obtained from such sources as social media websites.” One question that it raises surrounds LinkedIn connections and facebook friends. If the employee in question, or indeed other employees, have people who work at their employer’s customers as connections, does that take away from any otherwise confidential aspect of the employer’s customer list?

 

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