Speaking Publicly on Controversial Topics? Keep it Professional
Like everyone else living in today’s charged times, regulated professionals are making public statements on sensitive matters more than ever before, whether online, in letters to the editor, or in public settings, such as meetings or protests. But unlike non-professionals who engage in public discourse, regulated professionals can be held to account for their statements if they are deemed unprofessional. The high profile decision Peterson v. College of Psychologists of Ontario regarding Dr. Jordan Peterson’s challenge of regulatory action by the Inquiries, Complaints and Reports Committee (the “ICRC”) of the College of Psychologists of Ontario (“CPO”), is a helpful reminder to all professionals in Ontario that the requirements of professionalism apply to all statements they make, and not only those related to their professional practice.
The Peterson decision related to controversial social media posts and public statements that the ICRC found to be unprofessional. It ordered Dr. Peterson to undergo coursework designed to allow him “to review, reflect on and ameliorate his professionalism in public statements.” Noting that Dr. Peterson described himself as a clinical psychologist on social media and that his statements were “not personal comments made in conversation with friends or colleagues, but public statements to broad audiences”, the Divisional Court upheld the ICRC’s decision. The Court cautioned that Dr. Peterson is not prevented from expressing himself on issues of interest to him and his audiences; rather, the decision was focussed on concerns over his use of degrading or demeaning language as a member of a regulated profession.
The Peterson decision reaffirmed that a professional’s online statements must be professional, both in content and the language used, and that it is entirely legitimate for a professional regulator to impose requirements related to civility, respectful communication, confidentiality, and other matters that impact the professional’s freedom of expression. Maintaining civility and respect when discussing controversial topics is key to maintaining the trust of the public in the profession, and collegiality among your peers. This decision, along with the standards and guidance documents published by regulators, provide helpful guidance regarding what a professional can and cannot say publicly.
Here are a few more examples of what regulators have to say about professionalism and public statements:
The College of Physicians and Surgeons of Ontario’s Social Media policy:
The College recognises that physicians have rights and freedoms under the Canadian Charter of Rights and Freedoms, including the freedom of expression, subject to reasonable limits. Physicians hold a respected position in society. Professional conduct and communication are important to preserve the reputation of the profession, foster a culture of respect, not adversely impact patient care, and avoid harm to the public while using social media.
The Royal College of Dental Surgeons of Ontario’s Practice Advisory on the Professional Use of Social Media:
Dentists must follow the same rules of professional conduct online that guide them at work, and must avoid any unprofessional statements in public, including on social media.
The College of Nurses of Ontario’s Code of Conduct:
4.5 Nurses demonstrate professionalism and treat all health care team members with respect in all contexts, including on social media.
The College of Occupational Therapists of Ontario’s Standards: Social Media:
Occupational therapists must use social media platforms professionally, securely, and responsibly. At times, the lines between public and private, professional and personal, can easily blur. There may be instances where an occupational therapist's social media posts in their personal life can cause reputational harm to the profession, the public, and themselves.
Regulated professionals should consider the following tips drawn from the Peterson decision and the guidance of regulators when making a post or comment online:
Ask yourself “Is this a controversial topic?” and “Could my statement be interpreted as unprofessional in tone or content, discriminatory or hurtful to a person or group of people?”
Watch your language and avoid profanity, slurs, glib statements or sarcasm, as these are innately disrespectful and inflammatory.
Think before you speak (or post) and consider the potential consequences. Consider whether your statement can fairly be characterized as discriminatory, demeaning, or disrespectful, let alone hateful; if so, you can expect to be held accountable by your regulator for your statement.
Consider how you present yourself in public forums. If you identify yourself as a regulated health professional, and you are speaking on a controversial topic, you can expect the statement to be the subject of a complaint to your College, even if the statement remains professional.
For advice or assistance regarding regulatory or professionalism issues relating to public statements, please contact us.