Lynsey Harrison, Senior Associate, Clarion Solicitors
Controversy surrounding social networking sites has exploded into the media spotlight, as interest in the sites rising dramatically.
Whilst these sites have a number of positive uses, criticism has been levied at them with warnings that users are exposing themselves to fraud by posting too much personal information. Most recently social networking sites have also been criticised for allowing ìcyber-bullyingî.
Last week, the most infamous example so far of cyber-bullying came in the guise of library worker Graham Mallaghan. More than 360 students at the University of Kent had joined a group on Facebook to post derogatory messages about him without his knowledge. Mr Mallaghan only discovered the group once he registered on Facebook himself and the group was only closed down after the University, Mr Mallaghanís employer, alerted Facebook.
Meanwhile on the Canadian version of Facebook more than 700 people recently joined a group which targeted an allegedly homeless woman addicted to drugs, posting comments without her knowledge. Again, as soon as it was notified, Facebook removed the group and Canadian police are currently investigating whether or not to pursue criminal prosecutions.
Whilst these are extreme examples, they are not the only ones and it certainly seems that defamatory statements made on such websites are on the increase.
The problem seems to lie in the fact that many people do not realise that posting about another person (or indeed a company) on such a site can very easily constitute a defamatory publication. A defamatory statement is simply one which ìlowers a personís reputation in the estimation of right-thinking members of societyî or ìcauses that person to be shunned or avoidedî. A quick perusal of any of the social networking sites will almost always throw up postings which are, by definition, defamatory.
A further issue is that people generally believe content in cyberspace can elude the law due to it being multi-jurisdictional or because of the transient nature of the postings. Whilst at the moment it would seem that websites are struggling to keep on top of cyber-bullying it will not take long for the website owners to step up safeguards and provide even better enforcement. In any event, whilst it is true that the internet is worldwide, in most cases defamatory statements are made by someone who knows the individual and so the issue of jurisdiction very often does not arise.
If an individualís rights are infringed, it is imperative to take swift legal action. In my experience most website operators do respond very responsibly and quickly to a solicitorís request to remove message boards, forums and website pages which contain defamatory statements. Facebook itself says that they do everything possible to prevent abuse by having clear content rules, complaint reporting procedures and having users use their real name.
Most website operators are now aware that whilst the individual who wrote the defamatory statement may be liable as a primary defendant, website operators and internet service providers who allow such a posting, the defamatory nature of which they have notice, can also be liable as secondary defendants.
Lynsey Harrison, Senior Associate, Clarion Solicitors
Facing up to Face Book
Controversy surrounding social networking sites has exploded into the media spotlight, as interest in the sites rising dramatically
