Today, more than 27 million blogs are being written and posted to the online community.    Earlier in the decade corporate America resisted sanctioning such blogs.  Companies have found, however, that customers are beginning to turn away from traditional advertising and are increasingly tuning into the blogosphere.  As such, many companies are joining in on the conversations through corporate sanctioned blogs. 

As an employer you have to ask whether the benefits of permitting employee blogging outweigh the substantial legal risks and the possible drain on productivity.  The legal implications include but are not limited to:  leakage of confidential/proprietary information and/or trade secrets; defamation and libel, and copyright and trademark issues.  If an employer concludes it is deriving real value arising out of employee blogging, then the employer might actually formally allow such blogging on company time and through the use of the company’s own electronic communications property.  Significant numbers of employers continue to resist this path, however, concluding that the drain on productivity and the legal risks are too great.  If you are one of those employers, then you need to adopt a formal prohibition of such blogging during company time and using company resources.  A review of your Employee Handbook and your Internet and Electronic Communications policy would be in order, and you can revise or amend the handbook and policy accordingly to prohibit such blogging.

If however, you are an employer that has determined corporate blogging is useful, you should establish a blogging policy.  The policy should set forth the guidelines explaining to employees potential liabilities and reminding employees of their duty to safeguard confidential information.  Examples can be provided to employees illustrating sound judgment and what is permissible, while other examples can provide a contrast showing poor judgment and what would not be permitted.  You should state to employees in the policy that their duty of loyalty to their employer still applies.  And, that violating the blogging policy is grounds for discipline, including possible immediate termination.     

The above information is not intended as legal advice.  Blogging presents many complex legal issues.  You should obtain specific legal advice before acting.