2007.04.27 Employee's Right to Blog: Free Speech Challenge for Enterprises in Information Society presentation in a conference “Third Year within the European Union: Topical Problems in Management of Economics and Law” (Latvian Academy o Sciences)

1. Employee’s right toEmployee’s right to
blogblog
Free speech challenge for enterprises in informationFree speech challenge for enterprises in information
societysociety
Liutauras Ulevičius, Mykolas Romeris UniversityLiutauras Ulevičius, Mykolas Romeris University

2. Facts (I)Facts (I)
 What is blog?What is blog?
 internet website or part of it;internet website or part of it;
 a chronological order of records;a chronological order of records;
 single author or a group of authors;single author or a group of authors;
 Consequences?Consequences?
 a new medium for information dissemination;a new medium for information dissemination;
 bloggers pretend at least to some rights usualybloggers pretend at least to some rights usualy
associated with media representatives.associated with media representatives.

3. Facts (II)Facts (II)
 Blogs measured in millions:Blogs measured in millions:
 US counts 8 million in fall 2005;US counts 8 million in fall 2005;
 Technorati latest data – nearly 60 millions;Technorati latest data – nearly 60 millions;
 Apple Corporation vs. Bloggers.Apple Corporation vs. Bloggers.
 Why should we protect bloggers?Why should we protect bloggers?

4. Competing interestsCompeting interests
 Self-expression (Convention for the ProtectionSelf-expression (Convention for the Protection
of Human Rights and Fundamental Freedoms ):of Human Rights and Fundamental Freedoms ):
 employees do enjoy this freedom as do theiremployees do enjoy this freedom as do their
employers;employers;
 Employers’ interests (usualy takes form of non-Employers’ interests (usualy takes form of non-
disclosure agreement or part of the employmentdisclosure agreement or part of the employment
contract:contract:
 free speech should not interfere or neglectfree speech should not interfere or neglect
employee’s duties.employee’s duties.

5. Changes in the environmentsChanges in the environments
 US (National Labor Relations Act):US (National Labor Relations Act):
 forbids employers from retaliating against employeeforbids employers from retaliating against employee
speech resulting in blogging;speech resulting in blogging;
 not clear application to private companies;not clear application to private companies;
 Corporate policies:Corporate policies:
 Be first to define landscape;Be first to define landscape;
 Take initiative before harm is materialized.Take initiative before harm is materialized.

6. Options for policies makersOptions for policies makers
 Fixing legal imperatives:Fixing legal imperatives:
 Do’s and Don'tsDo’s and Don'ts
 Make a soft reminder about possible outcomesMake a soft reminder about possible outcomes
of blogging;of blogging;
 NDA and confidentiality;NDA and confidentiality;
 Pretend to raise quality standards, even up toPretend to raise quality standards, even up to
journalistic level;journalistic level;
 Code of media ethics.Code of media ethics.

7. Legal frameworkLegal framework
 Convention for the Protection of Human RightsConvention for the Protection of Human Rights
and Fundamental Freedoms (Article 10);and Fundamental Freedoms (Article 10);
 Declaration on freedom of communication onDeclaration on freedom of communication on
the Internet (Principle 7 – Anonymity);the Internet (Principle 7 – Anonymity);
 Directive on certain legal aspects of informationDirective on certain legal aspects of information
society services, in particular electronicsociety services, in particular electronic
commerce (information society service providercommerce (information society service provider
is not liable for the information transmitted).is not liable for the information transmitted).

8. ConclusionsConclusions
 First cases in US and France have begun;First cases in US and France have begun;
 International corporations start adapting internalInternational corporations start adapting internal
blogging policies;blogging policies;
 Bloggers provide not only threats, but alsoBloggers provide not only threats, but also
opportunities – we should understand, thatopportunities – we should understand, that
information society provides new questions toinformation society provides new questions to
be answered.be answered.