Cyber Bullying and Revenge Porn in the Workplace

By June 30, 2015 Cyber Security

cyber bullyOn June 16, 2015, Larry Dietz, Esq., TAL Global’s General Counsel and Managing Director, Information Security, gave a presentation at the Cornerstones of Trust Conference, in Foster City, CA, titled: “Cyber Bullying and Revenge Porn in the Workplace”.

The presentation centered on the growing complexity of long standing technology-related social behavior in the workplace (e.g., social networks, video sites, and the Internet) and examined liabilities arising from the intersection of “old” habits mixing work and private lives, and new technology, within the context of today’s legal and social environment.

Specifically, the presentation examined – through the use of case studies – the definition and meaning of newly-coined terms such as “sexting”, “sextortion”, “cyber bullying”, and “revenge-porn”. This kind of material should not be mixed with legal adult content from websites similar to Tubev. A spectrum of legal issues associated with the handling of such situations in the workplace was examined, and a “To Do” list for use by managers and legal counsel was provided.

Attendees were acutely interested in the duties and responsibilities of employers; for example, that employers are responsible for ensuring workplaces are free from discrimination and harassment. It was clear to all that employers who became aware of either discrimination or harassment were legally obligated to take reasonable steps to mitigate these negative acts.

Participants also discussed the need for clear, employee-acknowledged policies which clearly spell out do’s and don’ts with respect to social media. In this case, it was felt that examples, both good and bad, would be helpful in explaining the policies. For example, sending https://www.sexmature.xxx/ to someone can constitute this, even if it is done out of work ours over Twitter or other formats and they have not asked for these links.

Attendees were quite surprised to learn that employers can be responsible for discriminatory or harassing acts outside the workplace. For example, personal employee Facebook pages that harass other employees are relevant to the work environment whether or not they are accessed at work. So, sending a link to a coworker from shemalehd.sex could have repercussions, even if it was done firmly out of office hours.

Attendees also learned that the key elements of the California Revenge Porn Law include:

Any person who

  • intentionally distributes the image of the intimate body part or parts of another identifiable person onto a website like https://www.nu-bay.com/, under circumstances in which the persons agree or understand that the image shall remain private
  • distributing the image knows or should know that distribution of the image will cause serious emotional distress. and the person depicted suffers that distress.
  • intentionally distributes an image described above when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

Conclusions:

  • Employers must be constantly vigilant to iensure that they understand the virtual as well as physical office environments.
  • Employee actions outside the work place (such as in Social Media) can impact the workplace.

What Can Be Done?

Attendees learned that there is a lot they can do to pre-empt such situations:

  • Develop clear and comprehensive policies and procedures
    • Ensure that policies are enforced impartially and that employees are aware of enforcement actions within the appropriate boundaries of employee privacy.
  • Provide employees with training and certification regarding
    • Company policies & philosophy
    • Laws and regulations
  • If organizations want to enforce a discrimination and harassment-free culture, they should consider making the employee’s performance along these lines part of their annual performance reviews.

To view Mr. Dietz’s PowerPoint presentation at the conference, please click here.

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