Australian federal government warns public servants over social media attacks

This is fairly dubious from a free speech point of view but it is true that an employer is entitled to put conditions on the employment he offers.  Australia has no First Amendment but does have some other protections

The Turnbull government will today seek to impose restrictions on public servants criticising the Coalition on social media, warning that employees risk disciplinary action for "liking" anti-government posts or privately emailing negative mat­erial to a friend from home.

Documents obtained by The Australian show public servants would also be warned they could be in breach of the public service code of conduct if they do not ­remove "nasty comments" about the government posted by others on the ­employee’s Facebook page.

Under the new policy, liking or sharing anti-government material on a social media platform will generally be taken as an endorsement and as though the public servant had created the material.

Even if a public servant shares a post they do not agree with, and puts an angry face emoji with the post, the employee could still be in breach if their opposition to the post is not made sufficiently clear.

Declaring the code operates "in effect" to limit an individual’s right to freedom of expression, the ­government also warned public ­servants against posting criticism anonymously or under a pseudonym.

Australian Public Service Commissioner John Lloyd said last night that "objectionable material was not miraculously sanitised" by a public servant posting anonymously or using a pseudonym.

"That argument is similar to a burglar arguing that charges should be dismissed because he wore a balaclava," he said.

The Community and Public Sector Union last night accused the government of "overreach".

"It’s completely unreasonable for a worker to face disciplinary ­action over a private email or something as benign as ‘liking’ a social media post," union national secretary Nadine Flood said.

"Of course there needs to be limits but this policy goes too far. The notion that the mum of a gay son who happens to work in Centrelink can’t like a Facebook post on marriage equality without endangering her job is patently ­absurd.

The policy, which applies across the federal public sector from today, says a public servant could be in breach of the code through material contained in a private email sent to a friend.

In relation to posts made after hours, the government says a public servant’s capacity to affect the reputation of their agency and the public service "does not stop when you leave the office". "The comments you make after hours can make people question your ability to be impartial, ­respectful and professional when you are at work," the policy says. "APS employees are required by law to uphold the APS values at all times."

The policy says the common law recognises an individual right to freedom of expression. "This right is subject to limitations such as those imposed by the Public Service Act," it says. "In effect, the code of conduct operates to limit this right."

"Public servants should not make comments that could make members of the community doubt either the capacity of the government to deliver services properly or the personal commitment of that employee to their work."

SOURCE