Can Employers Force Employees to Make Social Media Videos in South Africa?
Nozipho Mvulane
Social Media for Visibility
Social media has exploded in these last few years. More and more businesses are utilizing social media to increase build and brand awareness, increase their visibility and customer engagement all the in hopes of generating revenue. It seems a business could lose customers by not being on social media. Customers are no longer interested in only reviews, but also confirming the business exists and does deliver their service and/or goods.
As businesses increasingly use social media platforms such as TikTok, Instagram, Facebook, and LinkedIn to market their products and services, a growing workplace question has emerged: Can employers force employees to appear in social media videos?
The short answer is generally no. according to South African labour law, employers have managerial authority to assign reasonable work-related duties, but this authority is not unlimited. Requiring employees to participate in social media content raises important legal, contractual, privacy, and dignity considerations.
South African labour law does not contain a specific provision dealing with employees appearing in social media videos. However, several legal principles apply.
An employer may require an employee to perform duties that fall within the scope of their employment contract and job description. If creating marketing content, brand promotion, or social media engagement forms part of the employee’s agreed role, participation may be a reasonable requirement of the job.
However, where an employee was hired for an entirely different purpose (for example, as an accountant, receptionist, warehouse worker, or technician), forcing them to become the face of the company’s social media campaigns may be difficult to justify.
The Importance of Consent
An employee’s image, voice, and personal identity are protected by constitutional rights to dignity and privacy. Using an employee’s likeness for commercial purposes without consent can create legal risks for employers.
Many organisations therefore are encouraged to get written consent before publishing employee photographs, videos, testimonials, or promotional content. Consent should ideally be voluntary, informed, and documented.
Employee Concerns Should Be Respected
If an employee is uncomfortable appearing on social media due to religious beliefs, personal safety concerns, privacy preferences, or fear of online harassment, these concerns should be taken seriously.
Participation Is Included in the Job Description
The situation may be different where social media participation is clearly included in the employment contract or is an established requirement of the role. For example:
- A marketing coordinator hired to create online content.
- A brand ambassador employed to promote products.
- A fitness instructor whose role includes appearing in promotional videos.
- A real estate agent expected to produce property walkthrough content.
In such cases, refusing to participate could potentially be viewed as a failure to perform agreed duties, provided the employer’s instructions are lawful and reasonable.
Can an Employee Be Disciplined for Refusing?
Whether disciplinary action is justified depends on the circumstances. Key questions include (but are not limited to):
- Is appearing in videos part of the employee’s contractual duties?
- Was the requirement communicated clearly?
- Is the instruction reasonable?
- Does the employee have legitimate objections?
- Are there alternative ways to perform the work?
If social media appearances fall outside the employee’s normal duties and no agreement exists, disciplinary action could expose the employer to claims of unfair labour practices or unfair disciplinary measures.
Balancing Business Needs and Employee Rights
Employers have legitimate interests in promoting their businesses and building online brands. At the same time, employees retain rights to dignity, privacy, and fair treatment.
The most effective approach is usually collaboration rather than coercion. Employers should seek volunteers, obtain written consent, explain how content will be used, and respect employees who choose not to participate.
Clear workplace policies can also help avoid misunderstandings by setting out expectations regarding photography, video recording, social media marketing, and the use of employee images.
Dangers of social media use in the workplace
It is also important for employers to train their employees on the use of social media in the workplace. It is important for employees to be aware that even though they may appear on their employer’s social media pages, they still need to abide by workplace rules and conduct.
Employees should also be discouraged from posting on social media in their personal accounts where their workplace is easily seen, they are wearing their employer’s uniform or where they are making disparaging comments about others.
The CCMA, bargaining councils and the Labour Courts have accepted that derogatory statements on social media platforms which bring the employer’s name into disrepute or which negatively affects the workplace environment, regardless of whether it was on or off duty, may be a fair reason to dismiss the employee.
Employees need to be especially careful regarding what they post, regardless how innocent (or justified) they may feel it is. One a post on social media goes viral and an employer feels that their name has been put into disrepute, this may means grounds for dismissal. It is important noting that this can occur whether or not, the employee has listed where they are employed either in that specific platform where the post was made or on another platform entirely.
Conclusion
In South African labour law, employers cannot automatically force employees to appear in social media videos simply because they are employed by the company. The answer depends on the employment contract, the nature of the role, the reasonableness of the instruction, and the employee’s rights to dignity and privacy.
Where social media participation forms part of the job, employers may have stronger grounds to require it. However, in most workplaces, obtaining informed consent remains the safest and most legally sound approach.
Both employers and employees should seek clarity on expectations from the outset and address concerns through open communication rather than conflict.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
