This post on social media was in the Sydney Morning Herald recently and its is worth a read. Much depends on what you say and how widely it is read. If you broadside the boss and/or the businesses, you may expect trouble.
“I enjoy posting on a couple of social media platforms. I give my thoughts and opinions on many different things – all different subjects. Recently, after posting about a political matter, a good friend told me privately I might want to be careful. They said what I’d posted wasn’t incorrect, but it was a loaded topic which might get me in trouble at work. What are my rights when it comes to social media and my job? What rights do bosses have when it comes to employees’ personal social media accounts?”
THE REPLY
If you don’t know how your posting might go down, check your workplace’s social media policy.
I asked Dr Matt Hart, a lecturer in the Department of Media at the University of Adelaide, about personal social media use and how it might be viewed by employers.
“… as users, we also carry the responsibility of understanding both the risks and the benefits of being online,” he says.
There are three important elements or factors to consider when looking at this topic. The first is freedom of speech.
FREEDOM OF SPEECH
Even well-sourced articles can be seen as provocative depending on timing, tone and context.
“Unlike the United States, Australia doesn’t have a constitutionally enshrined right to free speech. We do adhere to international human rights frameworks, such as the International Covenant on Civil and Political Rights, which broadly support freedom of expression.
“But these protections are limited and don’t override workplace policies or reputational concerns. So while we’re entitled to hold and share opinions, we also need to be mindful of how they’re received, especially in professional contexts.”
The second is that, as he puts it, “off-duty conduct isn’t always off-limits”.
NEVER OFF DUTY
“It’s tempting to think that what we post outside work hours is private. But social media doesn’t operate in a vacuum. Posts can be reshared, recontextualised and amplified far beyond their intended audience, a phenomenon known as context collapse,” Hart says.
“When that happens, even a seemingly innocuous post can be interpreted differently, especially if it touches on sensitive political or social issues…”
“There have been cases in Australia where courts considered whether a post was made under the assumption of privacy. If content was shared with a limited audience, that can sometimes support a defence against unfair dismissal. But it’s not a guarantee. Legal precedent here is still evolving, and assumptions about privacy don’t always hold up when reputational harm is involved.”
NOTHING’S PRIVATE
“But it’s worth remembering that social media isn’t a private diary. Platforms encourage connection and expression, but they also operate under terms of service – and in a public sphere where reactions can be swift and unpredictable. Even well-sourced articles can be seen as provocative depending on timing, tone and context.”
Hart said that his main advice was to review your workplace’s social media policy, if it exists.
Be mindful of how your posts might be interpreted beyond your immediate circle.
“Invisible audiences and collapsing contexts mean that what feels reasonable to one person might strike another as politically charged. Awareness and strategic posting go a long way.”
Then again, check this out:
https://www.abc.net.au/news/2025-09-24/antoinette-lattouf-costs-decision-in-abc-unlawful-termination/105810052