Social networking is a fundamental shift in the way we communicate. Since the early part of the 21st century, the notion of communicating information to others in our social "digital" networks around the world in short sharp bursts has gained extraordinary momentum. Social networking connects individuals and businesses like no other form of communication. Research conducted by the Australian Centre of Excellence for Local Government in 2011 suggests that 62% of Australians who access the internet have a social media presence.

See Australian Centre of Excellence for Local Government, Use of Social Media in Local Government, 2011 Survey Report, prepared by Karen Purser, June 2012.

As the technology and corresponding personal and business practices in this space continue to develop, so too will the law. Given the global nature of social networking, it is unlikely that the law in Australia is the only law that must be considered. Anyone engaging with social networking must ensure that they are fully aware of all the potential risks associated with using or attempting to govern its use by others.

While social media is useful as a business and networking tool, inappropriate online behaviour can lead to legal action, damage business reputation and call into question the integrity of the business and its staff.

Employers are increasingly vetting candidates via their social networking presence, a practice which can have multiple legal ramifications. Employers may be able to engage in computer surveillance of an employee under relevant workplace surveillance legislation, as long as the surveillance is undertaken with the employee's consent and is done in accordance with the organisation's policies.

See Privacy and workplace surveillance.

It is unclear precisely how much control an employer can exercise over employees in relation to the use of social media during employees’ private time; however, clear social networking guidelines can go some way to controlling inappropriate behaviour.

See Employees and social media.

Businesses need to be aware that representations made through social media can be subject to the misleading and deceptive conduct provisions in the Australian Consumer Law, and can also be classified as advertising, subject to the Australian Association of National Advertisers (AANA) Code of Ethics. Businesses may also be held responsible in certain instances even if the offending material was written by members of the public.

See Misleading or deceptive conduct and advertising issues.

Service of court documents via social media is becoming more common. Courts have accepted this practice in particular cases where it was impracticable for the documents to be served in other ways. However, social media is not always accepted as an appropriate method of service.

See Service of court documents.

Several other issues require consideration in regards to social media, including intellectual property, potential law reform contemplated by the Convergence Review, as well as international developments such as the Leveson Inquiry.

See Other social media issues.