Laws issues arising in relation to the use of social media
In a presentation to students, Julia Day speaks about the influence of social media on our society and the role that Law plays in managing the impact of social media.
Watch this video where Julia explains a variety of aspects
The key issues which are appearing in the courts are related to:
Defamation – A defamatory statement is one which lowers someone’s reputation in the eyes of reasonable people. In relation to publication, the interesting thing about the internet is that often it is possible to give precise numbers of people who have read the allegations, or even identify them. Whilst publication to even one person can result in a claim, the Court will consider carefully whether any damage has been done if only a few people have read the allegations.
Privacy – Social networks keep track of all interactions used on their sites and save them for later use. The downside is that information is often shared without proper thought for whether it should be and in particular without concern for the privacy of others.
Intellectual Property – Laws governing patents, copyrights, trademarks and trade secrets. This refers to the copying and pasting a picture, song, video, document, or webpage into other media. Sharing “original works of authorship fixed in any tangible medium” (i.e. original content) created by others, unless you have explicit permission to do so, is usually in violation of the copyright laws meant to protect, and by extension promote, the creation of original content.
Cyberbullying – The use of technology to bully a person or group. Bullying is repeated behaviour by an individual or group with the intent to harm another person or group. Cyberbullying can involve social, psychological and even, in extreme cases, physical harm.
People who operate social media pages, such as a school, a business, or a club are generally covered by their organisation. The person responsible for managing these pages must be aware of the implications of what they post on the page, and the comments that others may add to the page.
In the next video, Julia explains these issues and how they relate to social media. One of the big questions is “Who is the publisher?”
Could you be liable in a defamation case for something that you share via social media?
Which set of laws applies when the information is shared around the world? Who becomes liable?
