The most challenging part of running a business is managing your team. While organizational IT is a productivity boon, it increases the workload for managers. They need to constantly monitor team activity as employees use the company network and devices for work. Installing tracking software may help, but some activities may still slip through the net. People may waste time playing games, browsing social media, chatting, and more.
Most unexpectedly, employees may have child pornography in their system. Possessing it is a serious crime, and your business can land into trouble. You have to be prepared to deal with such criminal misconduct and save your company from its legal implications. Here are some tips on dealing with child pornography in the workplace.
Investigate and confirm facts
Before anything else, you must verify the crime by ascertaining if the material is actually child pornography. At times, the material is offensive, but it may not fit into the definition of criminal possession of child pornography. Consider seeking legal advice for this purpose to ensure following the statutory definition of the act. Since the definition of child pornography has legal loopholes, an expert can help you understand whether the crime has taken place. Ensure that you take these measures discreetly because the stigma can damage your reputation as a business.
Do not try to delete the offensive material
Although the first reaction to discovering child pornography in the workplace is disgust, do not try to delete the material. You may consider doing it to protect your company’s name and reputation. But destroying evidence could lead to criminal charges. The court will view the act as an obstruction of justice. Likewise, you must not forward, view, or distribute the content because it could also result in criminal liability. Isolate the suspected content and refrain from deleting, making copies, or sharing it with someone. You may get into a fix even if you do not have malicious intentions behind these actions.
Build your defense
As a corporate entity, you may be held responsible for the action of your employees. If someone in the workplace indulges in child pornography, your company is also at risk. Even if you report the crime to the authorities, expect to be dragged in at some point. It is advisable to build your defense against the crime to be ready to deal with the wrongful charges. You can contact a sex crimes attorney specializing in child pornography cases to help you out. Convey the nitty-gritty of the situation and provide them with the evidence. They can help you decide the line of action ahead. Legal counsel can assist with the evaluation of your company’s legal obligations and meeting those obligations.
Report the crime to the authorities
It is possible to feel reluctant about reporting the discovery of pornographic materials due to different reasons. For example, the potential embarrassment may dissuade you. Likewise, you may not want to report the material if it belonged to a person of influence. Remember that refraining from reporting the incident can incriminate your business. Make sure you contact the authorities at the earliest and hand over the evidence to them. Your IT department should be a part of the response team. Also, ensure that everyone involved follows the rule of confidentiality.
Limit business interruption
The situation of discovery of child pornography at your workplace can be daunting. Once you report it, the law enforcement authorities will seize the storage medium, such as a company PC, laptop, and portable storage. They will retain it for some time and purge the illegal content eventually. While doing so, they will probably delete the business-related content as well. It can disrupt your business, so you must have a plan to salvage whatever you require. Your IT team can work with the authorities to get backups of business-critical information that resides on the confiscated storage medium. If the authorities do not cooperate, your attorney can help you get orders to preserve the information.
Do not overlook other offensive content
While business owners should take child pornography seriously, they should not ignore other offensive material. Even if a piece does not come in the statutory definition, it may still be a risk factor. You must take appropriate action against the employee who has such content in possession. The person may be a sex offender and can damage your work environment at some point.
Child pornography at the workplace is a serious concern for any business owner. Concealing facts and not taking action immediately can land you in legal trouble. Make sure you report it at the earliest and seek guidance from a sex crime lawyer to save your reputation.
