Employee-generated content (EGC) has become the darling of employer branding. A team selfie here, a video of the Friday BBQ there — it’s authentic, it’s engaging, and it gives people a peek into what it’s really like to work in your business.
But let’s pause for a second.
Because if your employer brand strategy includes filming your people without clear, informed consent, or posting their photos without considering the risks, you might be creating a psychosocial hazard under the Work Health and Safety Act (WA) 2020.
Yes — really.
We all want to build a brand that attracts great people. But that goal should never come at the expense of your team’s mental health.
Let’s talk about consent (the real kind)
Posting a photo of your employee holding a branded coffee cup on Insta might seem harmless. Maybe they even smiled for it. But did you ask why they smiled?
Was it a genuine, “I’m proud to be part of this”?
Or was it, “I don’t want to be seen as difficult by saying no”?
Consent isn’t a checkbox. It’s not a clause in your employment contract. And it’s definitely not a throwaway line like, “Hey, we’ll just get some content for socials.”
Real consent is informed. Freely given. Able to be withdrawn at any time. And when it’s not? You’re in murky territory, especially under the updated psychosocial hazard regulations in WA.
What the law actually says
Under the Work Health and Safety Act 2020 (WA) and the Code of Practice on Psychosocial Hazards, employers must manage risks to psychological health with the same rigour as physical risks.
Let’s connect the dots:
- Publishing employee content can expose them to unwanted attention — including bullying, harassment, or sexualised comments
- If that happens, it’s your responsibility as the employer to anticipate, prevent, and manage that risk
- The risk increases significantly if the person felt pressured to participate in the first place
And don’t assume your content is “too tame” to be a problem.
We’ve all seen the Christmas party photos — employees in their bathers by the pool, drinks in hand, posted for the world to see. Or the recent TikTok from an Australian beauty brand that followed a viral trend featuring young female staff. It went viral… and so did the sexually explicit, misogynistic comments.
The post might’ve felt light-hearted at the time. But the fallout? Not so funny.
Even the most innocent content can attract the wrong kind of attention. And once it’s out there, it’s hard to take back.
You can still tell your story — ethically
Here’s how to get it right:
✅ Make participation optional. Truly optional.
✅ Ask for specific, written consent for each piece of content.
✅ Let people withdraw their consent — even after something’s been posted.
✅ Turn off comments or moderate them closely to protect staff from online abuse.
✅ Check in with your people after you post. How are they feeling? Have they received any inappropriate messages? Are they okay?
If you’re not doing these things, it’s not just a bad look — it’s a compliance risk.
People before posts, always
Employer branding is powerful. But it’s only valuable when it’s built on trust, respect, and psychological safety.
You don’t need to chase social media clout at the expense of your team’s wellbeing.
You can still share the magic of your workplace — just make sure your people are protected, informed, and always in control of how they show up online.
Because when it comes to your employer brand, the real question isn’t “What do people think of us?”
It’s “How do our people feel about being part of this?”
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