1. Social Media in Schools I.N.T.O Youth Conference Friday 24 March 2017
Anne Lyne
Partner

2. Introduction - What will we be looking at?
Your duties and obligations in the employment relationship
Right to freedom of expression v privacy
Defamation .

3. Contract of Employment
There are no express provisions in a teacher’s written contract or in the Circulars on social media use
Your school may have a policy, but this is not common
All employment relationships have implied duties of loyalty, honesty, confidentiality and mutual trust
Essentially you must act sensibly, professionally and exercise discretion in your role as a teacher
Risk – Circular 60/2009 .

4. Teaching Council
Teaching Council – sets out standards that apply to all registered teachers
Code of Professional Conduct for Teachers Updated 2nd Edition 2016
Professional Conduct
3.7 ensure that any communication with pupils/ students, colleagues, parents, school management and others is appropriate, including communication via electronic media, such as , texting and social networking sites
Risk – Teaching Council investigation /Circular 60/2009/ Tusla – emotional abuse .

5. Defamation
Defamation occurs where someone says something that damages the reputation of another
Section 2 of the Defamation Act 2009 states that a defamatory statement includes a statement published on the internet or contained in an electronic communication
• Defences
Truth
Qualified Privilege
Risk – Defamation court proceedings brought by the pupil .

6. Freedom of Expression v Privacy
Freedom of expression, privacy and right to a good name are all protected by the constitution
Inherent conflict between these rights
The teacher has a right to express his or her views but the pupil also has a right to privacy and his good name .

7. Freedom of Expression v Privacy
Topical - these are global political/legal issues and are not just relevant to schools
This week in the news
UK companies are boycotting advertising on “Youtube” on the basis that their advertisements are appearing beside terror recruitment promotion videos
Issue – freedom of expression v the right of business to protect their good name .

8. Case Law Kiernan v A-Wear (EAT 179/2008)
An employee of A-wear was on a night out and called in sick the next day. She commented about this on her “Bebo page” and also said about her manager “f**ckin hate that c**t”
The Bebo page was linked to the employer’s page and accessible to the general public
The employee was dismissed
The employee claimed that it was a private matter and played it down saying that she was having a bad day. The Tribunal agreed that the employee deserved strong censure and possible disciplinary action but that dismissal was disproportionate .

9. Case Law O’Mahony v PJF Insurance (2010)
In this case one of the company directors accidentally came across the employees’ social networking site when she left the page open on her work computer
The director was described in disparaging terms, claiming she was a “bitch”.
The employee was dismissed
The Tribunal upheld the dismissal as it was a small company and , the posting of such personally offensive electronic messages amounted to a breach of trust of such significance that the Tribunal felt the employee’s employment in the respondent’s business became completely untenable .

10. Take away
Continue to be mindful of your professional obligations and role as a teacher when engaging with social media! .