Draft social media guidance for BMA members
Background
Social media presents an opportunity to publish content and engage in conversation with a global
audience about the work of the BMA. Twitter, in particular, is a powerful campaigning tool to
distribute key messages and generate discussion about the issues which are important to doctors. It
also provides a mechanism to support a key part of the BMA’s vision – “To create a profession of
valued doctors delivering the highest quality health services where… all doctors can connect with
each other in a professional community.” Although it is a powerful tool, there are a number risks that
doctors need to consider when using social media. This document highlights some of these risks.
Privacy
Most social networking sites allow you to adjust your account security settings so that you only
share content with the members of your network. It is important to familiarise yourself with the
privacy settings on any social media channel so that you understand the audience for your
communications. Be aware, however, that generally speaking the right to privacy is waived once
information is posted online.
Reputational risk
Users of social media networks, like Twitter, must be aware that it is a public medium and
statements made on Twitter can be reported in the mainstream media. A good rule of thumb is to
not say anything on social media that you would not be happy to see in a newspaper or published in
your name in a journal or magazine.
Who are you speaking for?
When using a social network it is important to be clear whether you are using it in a personal
capacity or speaking on behalf of an organisation. Doctors who want to express their own views are
advised to state clearly in their social media profiles that they are writing in a personal capacity.
Another way of avoiding any confusion about whether an individual is speaking in a personal or
official capacity is to remove any reference to organisations in your social media profile. Many
secondary care organisations have social media policies which specify that employees should not
identify where they work on their social media profiles.
Talking about your employer
Openly criticising your employer on a social network could result in disciplinary action be it in a
personal capacity or on behalf of an organisation and regardless of whether it is to a closed network
of contacts. It is no different in the eyes of many employers to airing concerns about patient care to
print or broadcast media. Make sure that you understand your employer’s Code of Conduct and
whistle-blowing policies. Speak to the BMA before posting criticism on social media, particularly if
your comments relate to criticising an aspect of patient care or decisions made at meetings of which
you are a member and for which you have taken collective responsibility.
Use of social media during working hours
Be aware of your employer’s policy on this. Some do not permit the personal use of social media at
all during working hours, while others restrict usage.
Patient confidentiality
Do not betray patient confidentiality on social media. Be aware that even information on closed
networks such as doctors.net.uk can be easily forwarded by email, be re-tweeted or posted on other
social networks. It is advisable to take extra caution when discussing patients with rare or unusual
conditions not to give away any information that could lead to their identification. Always err on the
side of caution in removing clinical and personal details to ‘de-identify’ patients in social media
communications. The GMC has detailed guidance on confidentiality1 which must be followed at all
times.
Employer confidentiality
Do not betray employer confidentiality on social media. Check your contract of employment or staff
handbook for confirmation of what information your employer regards as being confidential.
Confidential meetings
Committee meetings at organisations, such as the BMA and medical royal colleges often involve the
consideration of confidential information. Do not disseminate the content (oral or written) of such
meetings on social media unless it is clear that the information is already in the public domain or you
have gained permission from the chair of the meeting to share the information.
Maintaining appropriate relationships with patients
It is not advisable to befriend patients on social networks like Facebook, particularly if you use social
networks to reveal aspects of your personal life. Read the BMA’s guidance2 for more detailed advice
on the ethics of using social media.
Upholding the professional values
In line with the GMC’s guidance3 on good medical practice you should not use foul or abusive
language on social media websites. It is important that doctors read the GMC guidance before using
social media so that they are clear on what the regulator expects from them.
A good rule of thumb is not to use social media when drunk, angry, or emotional.
Photos and films
Do not post photos or films on social networks you may have taken at work unless you have got
permission from your employer. Posting photos or films of patients on the internet requires their
informed consent. You must ensure you follow the GMC guidance1 on making and using visual and
audio recordings of patients. You should also secure the prior permission of any third party whose
photos or films you may consider posting on social media to avoid potential copyright infringement
claims.
Defamation, Discrimination, Bullying and Harassment
You should not make any defamatory and discriminatory statements on social media. Similarly,
statements that might be interpreted as bullying or having the purpose or effect of harassing any
given individual(s) should also be avoided.
This includes signposting or sharing any such content. The law on defamation and equal
opportunities can apply to any comments posted on the web, irrespective of whether they are made
in a personal or professional capacity.
The Lobbying Act 20145
The Electoral Commission6 is responsible for enforcing the Transparency of Lobbying, Non-Party
Campaigning and Trade Union Administration Act 2014 (Lobbying Act). Although the Electoral
Commission does not provide specific guidance on personal Twitter accounts used by trade union
activists, a precautionary measure would be for BMA activists to remove all mentions of the BMA
from their social media profiles during the regulated period of the election. Furthermore, where a
person’s Twitter account is used for a mix of personal and public tweets - even if it is a personal
account – the BMA may need to account for tweets by activists that mention work or issues that are
associated with the BMA.
For the purposes of the Lobbying Act the BMA will be a ‘non-party campaigner’ because we are likely
to spend in excess of £20,000 on ‘regulated activity’ in England during the ‘regulated period’ for the
UK General Election (from 19 September 2014 until polling day on 7 May 2015) . Under the
legislation, the BMA must account for any activity that can be reasonably be regarded as intended
to influence voters to vote for or against political parties or categories of candidates, including
political parties or categories of candidates, who support or do not support, particular policies or
issues.
The Electoral Commission considers that relevant material published on social media does need to
be accounted for under that Act. This means that if the BMA posts content that could be seen to
influence the public on how to vote then it must account for the time and money spent on this
activity. The Electoral Commission acknowledges that, in many cases, the costs of posting material
on a social media site will be negligible. However, we would at the very least need to account for
any expenditure incurred on tweets that fall within the rules – this could simply be an estimate of
the total amount.
Sanctions
BMA members’ conduct and the processes for investigations, disciplinary action and sanctions are
governed by articles 13 and 147.
References
1
General Medical Council (2009) Confidentiality. http://www.gmcuk.org/guidance/ethical_guidance/confidentiality.asp
2
British Medical Association (2011) Using social media: practical and ethical guidance for doctors
and medical students
3
General Medical Council(2013) Doctors’ use of social media
4
General Medical Council (2013) Making and using visual and audio recordings of patients.
http://www.gmc-uk.org/guidance/ethical_guidance/7818.asp
5
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014
6
Electoral Commission (2014) Factsheet for non-party campaigners: Common campaigning
techniques: Social media
7
Memorandum and Articles of Association and Bye-laws of the British Medical Association 2014-15
http://bma.org.uk/about-the-bma/who-we-are/articles-and-bye-laws