One overlooked post or deleted comment could spell trouble for your organisation. Discover why compliant social media recordkeeping is a legal necessity and how to stay on the right side of the law.
Brolly team
23 September 2024
Imagine this: your organisation has a strong social media presence that engages thousands of users daily. But behind the scenes, a ticking time bomb is lurking. One missed record, one undocumented interaction, and you could find yourself on the wrong side of the law. Non-compliance with social media recordkeeping can lead to hefty fines, legal ramifications, and reputational damage. But does every direct message (DM), comment, and post fall under the legislation? And how can you ensure that your organisation is fully compliant without drowning in administration?
Why social media recordkeeping is crucial
Ever heard the saying, ‘If you can’t afford insurance, you can’t afford to travel’? Arguably, the same sentiment applies to recordkeeping and social media, especially for government organisations, corporations, and high-profile individuals in the public eye.
Recordkeeping is important for transparency, accountability, and governance. But when it comes to social media, recordkeeping is equally, if not more, important. Social media is 24/7, interactive, and often spontaneous. By its very nature, it generates a vast amount of content that can quickly appear and disappear or be edited without a trace.
For many organisations, social media is a channel for public communication, engagement, and even customer service. But here’s the catch: every interaction is a record and, in Australia and New Zealand, these records are subject to strict recordkeeping legislation.
Social media content and recordkeeping legislation
Social media is considered an official record and subject to the same legislative requirements as any other organisational record. Various acts mandate public records are created, managed, and disposed of in a way compliant with the law.
While very important, detailing the numerous legislations here wouldn’t make for riveting reading! So, we’ve provided you with a shortlist:
Australian Federal Legislation
Legislation by State/Territory
New Zealand Federal Legislation
Ultimately, these acts outline how organisations should manage and maintain accurate records of their activities, including content on their social media platforms.
So, what happens if you fail to do so?
Read on…
What if my organisation doesn’t comply with recordkeeping legislation?
Failing to keep accurate digital records can have serious consequences, including:
And these don’t just apply to organisations but to individuals, like government ministers, too. Read about the potential pitfalls (and real-life controversy) that non-compliant recordkeeping can create.
Furthermore, social media can be used as evidence in defamation, employee misconduct disputes, or customer complaints. If you don’t have compliant recordkeeping, your organisation may find itself in a precarious position, unable to defend your actions or prove their innocence.
Not all social media records are equal…
While we’ve explained the critical importance of social media recordkeeping, there are some cases where archiving records isn’t required.
Not every social media interaction is of equal importance, so you would need to distinguish routine social media interactions from those that have any legal or historical significance.
These six criteria for archiving social media may help you determine what you do and don’t need to record.
However, given legislative requirements and the importance of compliance, it’s safer to assume that all social media interactions are records that need archiving.
Thankfully, there’s a quick and easy way to do this.
How a social media archiving tool ensures compliance
Given the complexity of the legislative landscape in both Australia and New Zealand, it’s clear that organisations need a robust, proactive solution for managing their digital records. This is where a social media archiving tool becomes invaluable.
Brolly (that’s us!) offers a seamless, secure, and efficient way to ensure compliance with all relevant recordkeeping legislation.
Trusted by government organisations across Australia and New Zealand, Brolly can help with your social media recordkeeping too.
This article was written by the team at Brolly. We’re a creative bunch, and we love social media archiving. Like most of the things we do here, this article was crafted with care and attention to detail. If you spot an error, or want to know more, don’t be afraid to reach out and say hello. We’d love to hear from you.
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