Since this topic relates to legal and ethical issues, it inherently lends itself to a somewhat negative and critical nature. However, social media tools can be great ways to build and maintain relationships between faculty members, staff, schools, students, and alumni. They have the potential to improve communication and improve relationships with the college`s “family.” At the same time, the openness of social media can lead to ethically and legally questionable confrontations when one or more “family” members provide inappropriate information. Educators must take certain steps to protect themselves and the reputation and well-being of their students. The authors would like to thank those who participated in our special session at 110. American Association of Colleges of Pharmacy (AACP) Annual Meeting 2009 entitled “Ethical and Legal Issues Related to New Social Media (Facebook, Blogs, Wikipedia, etc.) and Pharmacy Education Participate”. The discussion during this session helped us to better understand the issues, concerns and problems related to this topic. In addition, Dr. Peggy Piascik provided valuable contributions and reviews of the manuscript, which are much appreciated. Search and seizure issues related to social media cases relate to the Fourth Amendment: colleges and schools need to be consistent in how they use student social media information.
Different treatment of student information may enable the school to defend why irregularities have occurred in its use. It is necessary to keep abreast of this topic in order to understand the changing legal and ethical landscape. This field is so new that society is still thinking about how to respond to the myriad of questions raised by social media. As more and more cases lead to court decisions, the picture of the legal landscape becomes clearer, but it can take several years to resolve most/all controversies. Some issues concerning faculty members were addressed in a previous publication.25 One question related to the development of social media that raises potential accountability concerns among faculty members and administrators is: What is the duty to act when information reveals that it could cause harm to the student or others? The volume of postings and other communications from a student body makes it virtually impossible to track all content. One question many university leaders ask is, “How can I react when I am alerted to a particular publication, whether offensive or threatening?” The use of social media has made censorship a thing of the past. New social media can create a variety of potential legal entanglements for those who choose to use technology. A brief description of some of the issues is presented here only to make the reader aware of this potential, and not to discuss all facets of the potential challenges exhaustively or even completely. It is best to discuss these issues with an institutional advisor in the context of special circumstances. Interpreting character, professionalism and other personal characteristics from the information contained in social profiles is a complex task.
While online characters may give clues about a person`s true personality, they may or may not be a completely accurate reflection. The accompanying changes in cultural mores regarding the use of these devices have widened the gap between generations and affect all institutions, including law and education.3 As a result, not all information provided online is always accurate. The question of the ethics of using online information on social media for non-social reasons still exists. Since most of these apps are designed for socializing, many feel uncomfortable posting information on social media for purposes other than social communication. The central question is, “Is it fair to use social media to make judgments about school admissions, staff selection, disciplinary matters or other non-social decisions?” The American Pharmacists Association (APhA) Code of Ethics for Pharmacists36 and the APhA-ASP/AACP37 Commitment to Professionalism are 2 documents that traditionally provide guidance for appropriate ethical and professional conduct. However, they were both adopted before the advent of social media and are therefore somewhat open to interpretation when it comes to personal attitudes and behaviours in the virtual sense. The use of social media ranges from purely personal communication with friends and family to purely professional communication with colleagues and clients. Sometimes contexts overlap (e.g. Pharmacy student, sister, school friend) and, when seen on social media, become inextricably linked.38 Because of this mix of public and private life, discussions about the ethical use of social media can quickly disintegrate into a seemingly endless network of controversies. The initial ethical issues identified in the previous review4 have not yet been fully resolved and others have emerged.
However, the identification and understanding of fundamental ethical issues has increased in part as a result of research on the topic and media attention. As mentioned above with lawsuits to date, attempts to regulate students` social networking information raise liability concerns regarding free speech and privacy, which can result in negative publicity and travel to court. Balancing these concerns with an institution`s obligations to ensure student safety can be very difficult and depends on the facts of the situation. Differences in student rights in public and private institutions, different and sometimes contradictory laws and court decisions, and complications related to the regulation of “cyberspace” blur the boundaries in which schools can and/or should operate.26,27 A number of cases where problems related to the use of social media arise, Some from higher education institutions and others from secondary schools appeared in court.