A proper Social Media Policy defines acceptable social media conduct, clarifies when employees represent the company online, and protects both confidential information and company reputation.
This guide breaks down what Malaysian employers should include in their Social Media Policy and how to balance employee freedom with business protection.
Legal considerations
While there is no specific law on workplace social media use in Malaysia, it often intersects with laws on defamation, confidentiality obligations, and personal data protection under the Personal Data Protection Act 2010.
Employers should note that under these laws:
- they and employees may be held liable for defamatory or false online postings
- sharing confidential or personal information online may breach data protection and confidentiality obligations
A Social Media Policy helps manage these risks by establishing clear and enforceable standards for employee online conduct and protecting the company.
Main benefits
A properly structured Social Media Policy protects your business in three ways:
Protects confidential information and client privacy
Prevents employees from sharing sensitive business information, client data, or unpublished plans through social media posts, photos, or comments.
Manages reputational risk
Sets clear boundaries for how employees behave online when they are identifiable as part of the company, reducing risk of viral controversies or inappropriate content linked to your business.
Clarifies company representation
Establishes who is authorised to speak on behalf of the company online and prevents unauthorised brand representation or crisis responses.
Policy vs employment contract
Most employment contracts only include relatively surface-level confidentiality clauses that don’t address social media conduct specifically, and a dedicated policy fills the gaps by explaining:
- what employees can and cannot post online
- how to handle company-related content on personal accounts
- boundaries between personal expression and company representation
- consequences for policy violations
In fact, many employers include their Social Media Policy in the Employee Handbook so all workplace rules sit in one central document, making it easier to communicate updates to employees.
Essential terms
Personal social media use and professional conduct
The policy should clarify that:
- employees are free to maintain personal social media accounts
- if identifying as a company employee in their profile or posts, conduct should remain professional
- personal opinions should be clearly distinguished from company views (e.g., “views are my own”)
- avoid conduct that could reasonably reflect poorly on the company
Prohibited social media conduct
The policy should clearly define what conduct is unacceptable:
Regarding confidential information
- post confidential company information, unpublished business plans, or financial data
- share client names, details, project information, or client-related matters without authorisation
- disclose information about colleagues, including personal data or employment matters
Regarding company reputation
- make defamatory, false, or misleading statements about the company, colleagues, or clients
- post discriminatory, harassing, or offensive content while associated with the company
- engage in public disputes that damage company reputation
Regarding company representation
- claim to speak on behalf of the company without authorisation
- use company name, logo, or branding without permission
- create fake accounts, reviews, or testimonials
Company representation & authorised spokespeople
The policy should clarify only designated employees may post on official company social media accounts and prohibit responding to customer complaints or public criticism on behalf of the company without authorisation.
Use of company brand and intellectual property
The policy should state company logos, branding, and marketing materials cannot be used in personal posts without permission and prohibit content that could be confused with official company communications
Crisis and controversial situations
The policy should guide employees on handling sensitive situations online and that during company crises employees should not:
- comment publicly on matters under investigation, legal disputes, or controversies
- engage with media or critics discussing company issues
Instead, they should be encouraged to report negative posts or false information to management rather than responding publicly.
Consequences for policy violations
The policy should state clearly that violations may result in disciplinary action based on severity and impact, and where minor breaches may result in warnings, serious breaches (confidentiality violations, defamatory posts, client privacy breaches) may result in suspension or termination with cause.
Note: Any disciplinary action should be proportionate, follow due process, and be consistent with the company’s disciplinary procedures.
Special considerations
Certain positions require additional attention due to their nature of work and online presence.
| Employee Group | Additional Considerations |
| Sales, Marketing & Business Development | – Avoid posting client wins or project updates before official announcements – Do not post company content from personal accounts – Revoke social media access immediately upon termination |
| Senior Management & Leadership | – Statements may be seen as company positions – Maintain high professional conduct – Avoid commenting on competitors or sensitive matters without clearance – Personal branding must not conflict with company interests |
| Customer-Facing Roles | – Do not respond to complaints or negative reviews on personal accounts – Never post customer photos/videos without consent – Avoid sharing customer interactions, even anonymously – Report issues through internal channels |
| HR & Recruitment | – Do not discuss candidates or recruitment processes online – Protect employee personal and performance information – Personal opinions on HR or employment law should not represent company policy |
Establish clear social media boundaries
Many employers overlook the need for Social Media policy until a viral post or reputational incident occurs, and by then, enforcing unwritten expectations becomes difficult. We can help you draft clear policies that protect your business while respecting employee rights, integrated with your employment contracts and workplace policies.
FAQs on social media policies in Malaysia
1. Do Malaysian companies legally need a Social Media Policy?
No law requires it, but a written policy helps employers set clear expectations and defend decisions if disputes arise.
2. Can employees be disciplined for social media posts?
Yes, if the policy is clear, reasonable, and the post affects confidentiality, reputation, or business interests.
3. Can employers control personal social media accounts?
Employers cannot control personal opinions, but they can regulate conduct that impacts the company or uses company identity.
4. Should social media rules be in contracts or policies?
Best practice is to keep detailed rules in a policy and reference it in the employment contract.
