Over recent weeks, marriage equality has been at the forefront of our social discourse and the debate surrounding marriage equality in Australia has divided our nation. Keyboard warriors have come out in droves to set social media alight with their opinions and political commentary.
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Perhaps the most surprising outcome of this social media feeding frenzy has been the question raised regarding Australians’ ‘right’ to freedom of speech and privacy when it comes to posting personal views on social media. It turns out, we don’t have a ‘right’ to freedom of speech in this country.
In Australia, there is no Bill of Rights and as such, freedom of speech over here is not a clearly defined right. We are ‘free’ to say or write what we want to, but this ‘freedom’ is qualified by certain prohibitions such as statements that are libelous or slanderous, seditious or obscene, might incite the commission of a crime and it is not without consequences.
Last week, a teenager, Madeline, was sacked by her employer, Madlin Sims for posting on her own personal Facebook page that ‘it is ok to vote no’, and it has sparked outrage on both sides of the debate. Sims claimed that this post was ‘homophobic’ and ‘hate speech’ and she didn’t want her business associated with such a political stance, particularly given that her business often engaged with young and vulnerable people. For many Australians, this situation smacked of a business attempting to control the thoughts and personal life of its employee and engendered resentment at the idea that a business could own its employees’ right to freedom of expression.
This concern has been seen across many social media posts where companies have stood up in support of marriage equality. Concerned citizens have publicly responded to these posts, expressing their worries for the employees’ right to express their individual opinions without fear of persecution or job loss in the event that their opinion differs from that of the organisation.
It’s clear that Australians feel deeply concerned by the apparent digital monitoring many companies seem to employ regarding the views and commentary of their employees. In this age of technology, our digital footprint appears to not only impact our ability to attain employment, but also to sustain it. While legal experts appear to believe that Madeline would be successful in pursuing unfair dismissal charges due to her post failing to comply with the prohibitions legally applied to speech, this case demonstrates a greater fear that we no longer belong to ourselves.
However, despite not having an official Bill of Rights clarifying our right to free speech, we can be intelligent in the way we approach our employment expectations. Know your company’s code of conduct and social media engagement protocols. Understand the consequences of breaching company policy, and make an informed decision regarding your actions. Your digital footprint is an important part of your brand – it’s not about censorship, but about building a cohesive and consistent professional reputation. If what you are posting clashes with company policy, perhaps your values are misaligned and there’s a cultural clash that means the company isn’t really a good fit for you: you need to be smart about what you post, but you also need to be smart about who you work for. Never sign an employment contract without reading the fine print and don’t post anything online you wouldn’t want your mum to read!
Zoë Wundenberg, www.impressability.com.au