On 12 June 2023 HR published on the Commission intranet Social media guidelines updated, offering support to staff: [1]Advice on posting about EU matters on personal social media [1]. You might have thought, ‘Excellent, finally I will find out what I can write!’ Well, it might not be as user friendly as it appears to be.
Actually, it starts with very nice phrases, what is there to complain about here?
“As an institution, we would like to encourage and empower you to use social media to speak with the public about the EU, its policies, and their impact”, “The EU needs the advocacy of committed Europeans, and you have an important role to play. We hope many of you will act as ambassadors for European policies and values”.
If you were already getting ready to post a message about some awesome pieces of legislation, that you were working on … take a deep breath first and read further the text, which says:
“…you remain a member of Commission staff and are bound by obligations in the staff regulations [2] (in particular Articles 11, 11a, 12, 12b, 17, 17a)”
Contain your excitement and continue reading the document to the end to find out more about these obligations. Things are getting more complicated as you will have to decide whether your post is an “outside activity” or a “publication” or neither of these? In the first two cases a prior approval is needed, otherwise an Investigation and Disciplinary Office of the Commission (IDOC) procedure is possible. Fortunately, there’s a helpful explanation:
“The difference between a publication and an outside activity is not always straightforward and might need to be assessed individually, based on the particular circumstances”.
You have a gut feeling that something is missing there, and of course, you see it, your heart starts beating faster and you find reference to the “Principle of freedom of expression”. The text however does make any reference to the Article 11 of the Charter of fundamental rights of the European Union [3] where freedom of expression is enshrined at the level of the Treaties.
“Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.”
Later, you are encouraged to “use official sources” and to be “ready to share stories”. This appears to mean that what is really authorised is relaying the position of the Commission and that your own production or interpretation of the same might send you for a tête-à-tête with IDOC.
For even more security, you should not forget a nice disclaimer to remove the slightest suspicion that you could be communicating on behalf of the Commission.
Further, you are advised to be respectful, avoid provocation and be aware that your postings might become public. It will be also appreciated if you don’t disclose non-public information and sensitive issues you might be working on
If you follow the “principles of objectivity, loyalty and impartiality“ and are “careful to avoid any act or behaviour which might reflect adversely on your position or the Commission“, you should, in principle at least, be safe.
All this to avoid the worst as there is a stern but generic warning of what might await you. Would you still be willing to take that risk?
“Failure to comply with the Staff Regulations in the context of these guidelines may lead to disciplinary action”
Do you still have doubts? Not only you. The staff representatives asked for clear examples of what is authorised and what is not. The references to articles of Staff Regulations are very general and their interpretation would appear to be in the hands of DG HR.
The meeting that followed (07.11.2023), raised new questions as, according to DG HR, everything what is not in line with official Commission communications is subject to scrutiny and, when criticising the Commission, staff do not enjoy any partciular protection in law.
These are just a couple of remarkable statements. Disconcerting for an institution that is commonly seen as “Guardian of the Treaties [4]”, giving lessons to Member States on freedom of expression.
Generation 2004 will not stand by while our rights are diluted and limited: we will continue to defend your right to freedom of expression.
If you appreciate our work, please consider becoming a member of Generation 2004 [5]
As always, if you have questions, please feel free to contact us [6].