Social Media has become the leader in the way humans communicate with each other. From What’s happening in the world to weather. We are all connected to this intermingled web of technology. This shows in the case of Anthony Elonis v. U.S. that just because you express yourself as a artist on social media. Which resulted in him being arrested because his ex wife which were threatened by his lyrics on Facebook. To the Different situations where ethics was pushed to the edge because of social media.
So come with me as we dive in to why social media is the choice of the future for businesses.
Our cultural norms have changed. We now have a constant almost addictive need for our cell phones stemming from the draw of social media sites like Instagram and Facebook. This essay is going introduce new way of thinking as we examine these new norms.. Though we are all cut from different cloths and ways of life.
We as a people run our lives from these phones, tablets and or smart watches usage unites us as we have created a new norm for managing our lives. With technology being such an intraoral part of our society, business as much be on the forefront regarding their usage and ethical issues. I employer you that these technology is the future. We need to bring about the change in the business setting to be more open and on the forefront of having a certain time to be ethical with these devices.
“The ASHA Code of Ethics (2016) (hereinafter, the “Code”) provides guidance across many areas of practice and research, including areas related to the use of social media. Because the Code is not intended to address specific situations and is not inclusive of all possible ethical dilemmas, professionals are expected to follow the written provisions and to uphold the spirit and purpose of the Code” CITATION Ash19 l 1033 (Asha, 2019). “These professional places need to accept the new wave that we are going to be using social media for promotions and consumer reviews. First with social media is communication via websites and other online platforms (e.g., Facebook, Twitter, Instagram, and LinkedIn) that are used by large groups of people to share information, develop social and professional contacts, and promote business” CITATION Ash19 l 1033 (Asha, 2019).
Please note that some state licensing laws for audiologists and SLPs include “derogatory” statements as “unprofessional conduct.” For example, Delawares Code of Ethics for Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers (Sec. 22.214.171.124) reads, “Licensees shall offer services and products on their merits and should refrain from making disparaging comments about competing practitioners or their services and products CITATION Ash19 l 1033 (Asha, 2019).”
“One notable exception to the above is that statements made on social media, or elsewhere, which violate applicable defamation laws may give rise to a Code violation. The term defamation can include verbal and written statements that are factually false (Asha, 2019). Defamation laws, which vary from state to state, are generally intended to protect individuals and organizations from false factual statements that could harm their reputations. One key element in proving defamation claims in most states is that the aggrieved party must establish that the defendant uttered or published a false factual statement to a third party. Rarely are statements of opinion deemed defamatory” (Asha, 2019).
Principle IV, Rule R provides guidance in determining whether a statement may rise to an ethical violation under the Code. It states, “Individuals shall comply with local, state, and federal laws and regulations applicable to professional practice, research ethics, and the responsible conduct of research.”
“Companies can integrate share buttons on their website to make it easier for site visitors to share blog posts or other content from the site” (Asha, 2019). Although a social share doesnt guarantee an additional sale, it could lead to more followers and increased brand awareness for the company. “Content that is shared or mentioned on social media platforms may also increase the SEO value of that page. Therefore, companies can no longer go without a website or a strong social media presence if they want to survive” (Asha, 2019).
“There are many issues that companies have to deal with thanks to social media. Although social media makes it easier to engage customers and increase brand awareness, it can also have negative consequences for a company” (Vinjamuri, 2011). All it takes is one inconsiderate tweet or status update to cause customers to abandon a company that was previously successful. “If your company has a social media account, it needs to take all business social media issues into account to ensure it is of maximum benefit for the company” (Vinjamuri, 2011).
“When Business Week reported that the trip was indirectly funded and supported by Wal-mart through the activities of its PR agency, Edelman” CITATION Dav11 l 1033 (Vinjamuri, 2011). In response to this kind of behind-the-scenes manipulation, the Federal Trade Commission has modified its guidelines on endorsements and testimonials in order to accommodate the opportunities and challenges of social media CITATION Dav11 l 1033 (Vinjamuri, 2011). Like everyone else, corporations need to learn how to make how to regular social media posts. “As a Deloitte Survey from 2009characterizes it, while the decision to post videos, pictures, thoughts, experiences, and observations to social networking sites is personal, a single act can create far-reaching ethical consequences for individuals as well as organizations. “friends; they cannot fake it” CITATION NIU15 l 1033 (NIU Newsroom, 2015).
“Posting a detail or details about a client, no matter how seemingly insignificant, may allow others to identify your client and reveal that this client is receiving treatment from you. It is imperative that you protect the identity of your patients and keep treatment details confidential CITATION Dav11 l 1033 (Vinjamuri, 2011). A breach of confidentiality could occur from situations such as (1) posting a random comment so specific that the client is readily identifiable or (2) posting an unredacted page of a patients treatment records as an example of how much progress a client has made using your services. Similarly, you have an ethical obligation to keep confidential any personal information about persons participating in your research projects CITATION Dav11 l 1033 (Vinjamuri, 2011). Applicable Rules include the following. “The principal ethical challenge for an organization is to decide whether and how to deal with this content, especially when it is critical of the enterprise or exposes personal information about employees or candidates for employment” CITATION NIU15 l 1033 (NIU Newsroom, 2015).
“Principle I, Rule O: Individuals shall protect the confidentiality and security of records of professional services provided, research and scholarly activities conducted, and products dispensed. Access to these records shall be allowed only when doing so is necessary to protect the welfare of the person or of the community, is legally authorized, or is otherwise required by law’ CITATION Ash19 l 1033 (Asha, 2019).
Social media can be an effective tool to communicate with friends and promote the professions. However, posting information on social media that misrepresents your services or credentials, or products you have created or offer for sale, may violate the Code. “For example, a private practitioner who uses social media as a no-cost advertising platform to post, “Cure stuttering in just one day! Buy my book” violates the Code because the private practitioner has no evidence to support these claims CITATION Dav11 l 1033 (Vinjamuri, 2011). Similarly, an audiologist in a metropolitan area ear, nose, and throat (ENT) practice who promotes his practice by posting, “Highest qualified practitioner in the area!” violates the Code because no basis exists for the statement and it is misleading to the public CITATION Dav11 l 1033 (Vinjamuri, 2011).
“ASHA encourages its members and certificate holders to engage in the discussion and exchange about controversial audiology and speech-language pathology topics, it is all too common that colleagues post inflammatory comments on group Facebook pages, listens, or bulletin boards that are linked to organizations websites” CITATION Ash19 l 1033 (Asha, 2019). “ASHA urges its members and certificate holders to exercise good judgment and to avoid engaging in personal attacks against others while using social media” CITATION Ash19 l 1033 (Asha, 2019). Posted statements that are offensive and insulting to individuals (or constituencies or organizations), however, typically do not alone violate the Code. This is because the Code is intended to address ethical standardsit is not a guide to appropriate civil conduct. “Accordingly, there is no Code provision that explicitly addresses or is directly applicable to the posting of offensive remarks on social media” CITATION Ash19 l 1033 (Asha, 2019).
Similar challenges occur in the area of recruitment and retention. Although not officially part of an application, many recruiters now use social media to screen candidates. “In HYPERLINK ” 2011 survey of human resource professionals, 64% reported using two or more social networking sites to evaluate applicants” CITATION Ash19 l 1033 (Asha, 2019). And in a 2013 survey conducted by On Device, one-in-10 young people (age 16-34) report being denied employment because of something they posted to their social media profile CITATION Ash19 l 1033 (Asha, 2019).
The ethical challenge to organizations in this case is a matter of balancing the opportunities for increased forms of data collection (what some might call surveillance) that have been made available by social media with an individuals right to privacy CITATION NIU15 l 1033 (NIU Newsroom, 2015). Two years ago, the FTC updated its guidelines on endorsements and testimonials to cover social media . Now content is generated from the bottom-up by presumes who are as much consumers of web data and services as they are producers of it. Producers write reviews, post comments, and share content within their network of friends and followers. This activity challenges existing power structures by leveling the playing field or even overturning standard assumptions (NIU Newsroom, 2015). many fans of Nestl? started posting negative comments on the corporations Facebook page. And attempts to control this outbreak only made matters worse, when the administrator of the account for Nestl? tried to respond in kind. (NIU Newsroom, 2015)”In a nutshell, if youre giving any form of compensation to a blogger or tweeter, it is considered a compensated endorsement and must be disclosed” CITATION Ash19 l 1033 (Asha, 2019). This includes free product or in-kind compensations and it covers all social media, not just bloggers. “In 2006, Wal-Mart suffered a slew of negative publicity when its PR agency Edelman supported two bloggers road tripping across the U.S. writing positive stories about Wal-Mart through the organization Working Families for Wal-Mart. Last month, a Google employee accidentally published a scathing critique of Google on Google +” CITATION Dav11 l 1033 (Vinjamuri, 2011). Best to train employees carefully about disclosure and have a clear policy in place CITATION Ash19 l 1033 (Asha, 2019).
“In result these practices affected Albert Elonis in this trial he did the wrong thing of threaten his family and co workers. So at his trial, Elonis asked the court to dismiss the charges, stating that his Facebook comments were not true threats” (United Staes courts, 2019). He argued that he was an aspiring rap artist and that his comments were merely a form of artistic expression and a therapeutic release to help him deal with the events in his life. “The fact that his ex-wife, an FBI agent, and others viewing his comments might have perceived his statements as threats, Elonis argued that he could not be convicted of making a threat because he did not intend to threaten anyone with his postings” (United Staes courts, 2019).
In other words, he claimed that he didnt mean what he said in a literal sense. In legal terms, he said that he did not have a subjective intent to threaten anyone (United Staes courts, 2019). Yes though social media is not the form self expression that everyone wants. Thus needs to be used to bring about the change to the future.
“It is a federal crime to transmit [ ] in interstate or foreign commerce any communication containing any threat to injure the person of another, 18 U.S.C. § 875(c). Numerous states have adopted similar statutes” (United Staes courts, 2019). The trial court denied his motion to dismiss the case. “The court held that the proper legal test for determining whether someone made a threat is an objective one: whether reasonable people hearing the comment would perceive it to be a threat” (United Staes courts, 2019). “Elonis was convicted of four of the five counts” (United Staes courts, 2019).
“He was sentenced to 44 months imprisonment, and three years of supervised release” (United Staes courts, 2019). ” He appealed to the U.S. Court of Appeals for the Third Circuit, which affirmed his conviction (United Staes courts, 2019). The U.S. Supreme Court, granted certiorari” (agreed to hear the case). Oral arguments were heard on Monday, December 1, 2014 (United Staes courts, 2019). These decision yes deter people from talking about their job in the case for Elonis from as a artist he did not break and laws in the eyes of young people. The reason is a expression of their feelings.
“A decision is expected by June 2015. U.S. District Court for the Eastern District of Pennsylvania. The U.S. District Court rejected Elonis argument that a subjective (i.e., individual) intent to threaten is required to secure a conviction under the federal anti-threat statute” (United Staes courts, 2019).” The Court of Appeals affirmed the U.S. District Court. It held that a reasonable person (i.e., objective) standard is the correct legal test for determining whether Elonis could be convicted of communicating a threat under federal law” CITATION Uni19 l 1033 (United Staes courts, 2019).
” In fact, one of the principal ethical challenges occurs when organizations try to manage and control the social situation. In 2006, two retirees, Jim and Laura, made an RV road-trip across America, parking at Wal-Mart Store on the way and blogging about their positive experiences with Wal-Mart and its employees” (NIU Newsroom, 2015). “Their blog, called Wal-Marting Across America, came under intense scrutiny, when Business week reported that the trip was indirectly funded and supported by Wal-mart through the activities of its PR agency, Edelman” (NIU Newsroom, 2015).” In response to this kind of behind-the-scenes manipulation, the Federal Trade Commission has modified its guidelines on endorsements and testimonials in order to accommodate the opportunities and challenges of social media” (NIU Newsroom, 2015). “Like everyone else, corporations need to learn how to make friends; they cannot fake it” (NIU Newsroom, 2015).
`’From those situation These things are necessary for global advancement and will dictate future means of ways of communication for both individuals and businesses alike. From The federal trade commission has modified its guidelines on endorsements and testimonials in order to accommodate the opportunities and challenges of social media” (NIU Newsroom, 2015). To cases like the one for Elonis was trying to He argued that he was an aspiring rap artist and that his comments were merely a form of artistic expression and a therapeutic release to help him deal with the events in his life. From these different situations those have seen that they are ready for the change that can be used for ethics of the business society. “From Jobvites 2011 survey of human resource professionals, 64% reported using two or more social networking sites to evaluate applicants” CITATION NIU15 l 1033 (NIU Newsroom, 2015). So choose social media because it is ethical for businesses and the employees.