got this from Neighbourhood Watch today.......interesting....
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Cyber Bullies, Trolls and Cyber Gossip
What the Law Says
Following on the back of numerous incidents of quite ugly slanging on various social media platforms, NHW cautions that while the freedom of speech is absolutely sacrosanct, what you say and what you share must be said or shared responsibly, especially on a public forum. Sharing factually incorrect "facts" is a crime, especially where the intent is to incite others or to cause harm.
Freedom of Speech does not mean we can say whatever we want to whomever we want and not have any consequences. Posting on a public forum is essentially the same as publishing an article in the newspaper - it is widely read and has the power to influence others - it is also a permanent record of your actions, so post wisely.
There are quite stringent laws in place to curb both the spreading of misinformation, and to deal with cyber-bullying. While Cyber-bullying is not in itself a criminal act (yet), those who persist can be prosecuted under various laws and even earn themselves jail time.
False information about a person or organisation is defamation and the law is well tested in this regard.
We aren't as anonymous as we think we are behind our smart phones and computer screens, and while our keyboards give a feeling of distance between us and who we are typing about, that distance is far from safe and does not absolve us of accountability for our actions.
The simple rule of thumb is to follow 5 basic rules of public forum etiquette;
Few of us can deny that the urge to have a scorching vent on various issues is sometimes hard to resist, and nobody is saying we don’t have the right to do so, but we have to be accountable for our actions, the information we share, the truthfulness of what is said, and the consequences of our actions. In short, we have to think before we speak.
Some of the laws that apply to what we publish on social media follow and make interesting reading, but all of it should give us food for thought, careful thought, in how we communicate with others online.
PROTECTION FROM HARASSMENT ACT 1997
Under the Protection from Harassment Act 1997 it is a criminal offence for a person to pursue a course of conduct which amounts to the harassment of another, which the perpetrator knows or ought to know amounts to harassment. This could include sending a person multiple abusive emails with the intention of causing alarm or distress. A person found guilty of this offence could receive up to six months imprisonment, a financial penalty or both.
Section 4 of the Protection from Harassment Act 1997 provides the potential for greater punishment to those found guilty of causing another person to fear, on at least two occasions, that violence will be used against them. A person found guilty of this offence could receive up to 5 years in prison, as well as a fine.
The 1997 Act also gives Courts the power to grant restraining orders against those found guilty of an offence in order to protect the victim.
MALICIOUS COMMUNICATIONS ACT 1988
Section 1 of the Malicious Communications Act 1988 states that it is an offence for any person to send a communication that is "indecent or grossly offensive" for the purpose of causing "distress or anxiety to the recipient".
The Act also extends to threats and information which is false and known or believed to be false by the sender of the communication. A person found guilty of this offence is liable to receive a prison sentence of up to 6 months, a fine (currently of up to £5,000) or even both.
COMMUNICATIONS ACT 2003
Section 127 of the Communications Act 2003 makes it a criminal offence to send via any electronic communication network a message or other matter that is deemed "grossly offences or of an indecent, obscene or menacing character". If found guilty of an offence under section 127 of the Communications Act 2003, a person can receive up to six months in prison, a fine or both.
OBSCENE PUBLICATIONS ACT 1959
The Obscene Publications Act 1959 makes it an offence to publish an obscene article. An obscene article is classed as one whose effect is to deprave and corrupt persons likely to read, see or hear the matter contained or embodied in the article. Publishing includes circulating, showing, playing or projecting the article or transmitting the data.
PUBLIC ORDER ACT 1986
Under section 5 of the Public Order Act 1986, it is an offence to use threatening, abusive or insulting words, behaviour, writing or any visual representations likely to cause harassment, alarm or distress within the hearing or sight of a person. With regards to cyberbullying, this offence could apply where the camera or video functionality now found on the vast majority of mobile phones is used as a way of causing such harassment, alarm or distress.
We are all entitled to our opinion, and to put voice to those opinions, but a wise person once said that opinion without empathy is just judgment and Bill Bullard said it best writing that “opinion is really the lowest form of human knowledge. It requires no accountability, no understanding. The highest form of knowledge is empathy for it requires us to suspend our egos and live in another’s world”.
Remember always, in the words of Dr. Wayne W. Dyer “If you have a choice between being right and being kind, choose kind."
If you are a victim, or know someone that is a victim of cyberbullying, you can get advice from Family Lives UK at www.bullying.co.uk or by calling their helpline on 0808 800 2222. If you are threatened with harm, contact the Police immediately on 999 and the Police call centre will route your call accordingly.
If you, your business or someone you know is a victim of defamation, in the first instance, make a police complaint and then seek the advice of a solicitor. For advice on defamation visit ContactLaw here
---------------------
Cyber Bullies, Trolls and Cyber Gossip
What the Law Says
Following on the back of numerous incidents of quite ugly slanging on various social media platforms, NHW cautions that while the freedom of speech is absolutely sacrosanct, what you say and what you share must be said or shared responsibly, especially on a public forum. Sharing factually incorrect "facts" is a crime, especially where the intent is to incite others or to cause harm.
Freedom of Speech does not mean we can say whatever we want to whomever we want and not have any consequences. Posting on a public forum is essentially the same as publishing an article in the newspaper - it is widely read and has the power to influence others - it is also a permanent record of your actions, so post wisely.
There are quite stringent laws in place to curb both the spreading of misinformation, and to deal with cyber-bullying. While Cyber-bullying is not in itself a criminal act (yet), those who persist can be prosecuted under various laws and even earn themselves jail time.
False information about a person or organisation is defamation and the law is well tested in this regard.
We aren't as anonymous as we think we are behind our smart phones and computer screens, and while our keyboards give a feeling of distance between us and who we are typing about, that distance is far from safe and does not absolve us of accountability for our actions.
The simple rule of thumb is to follow 5 basic rules of public forum etiquette;
- Is it the truth? Spreading misinformation, half-truths or untruths can attract a whole load of litigation our way under various points of law. Make sure the information you are sharing is factually correct, can be corroborated and is truthful.
- Is it likely to cause harm or distress to a person, group of persons or business? Deliberately setting out to harm another is a criminal offence and could earn you jail time, especially so where one seeks to influence the opinion of others on a social media platform.
- Is it offensive? Writing about somebody in a way likely to cause offense is likewise, a criminal act and could earn you a hefty fine and jail time.
- Is it obscene? This is tricky turf as it can be deemed both an obscene publication and an act of harassment. Both carry hefty fines and jail time.
- Am I prepared for the consequences? Would I say this face to face? Human decency and manners apply here and if we wouldn't say something hurtful or damning to an individual in person, then social media is not the place for it either.
Few of us can deny that the urge to have a scorching vent on various issues is sometimes hard to resist, and nobody is saying we don’t have the right to do so, but we have to be accountable for our actions, the information we share, the truthfulness of what is said, and the consequences of our actions. In short, we have to think before we speak.
Some of the laws that apply to what we publish on social media follow and make interesting reading, but all of it should give us food for thought, careful thought, in how we communicate with others online.
PROTECTION FROM HARASSMENT ACT 1997
Under the Protection from Harassment Act 1997 it is a criminal offence for a person to pursue a course of conduct which amounts to the harassment of another, which the perpetrator knows or ought to know amounts to harassment. This could include sending a person multiple abusive emails with the intention of causing alarm or distress. A person found guilty of this offence could receive up to six months imprisonment, a financial penalty or both.
Section 4 of the Protection from Harassment Act 1997 provides the potential for greater punishment to those found guilty of causing another person to fear, on at least two occasions, that violence will be used against them. A person found guilty of this offence could receive up to 5 years in prison, as well as a fine.
The 1997 Act also gives Courts the power to grant restraining orders against those found guilty of an offence in order to protect the victim.
MALICIOUS COMMUNICATIONS ACT 1988
Section 1 of the Malicious Communications Act 1988 states that it is an offence for any person to send a communication that is "indecent or grossly offensive" for the purpose of causing "distress or anxiety to the recipient".
The Act also extends to threats and information which is false and known or believed to be false by the sender of the communication. A person found guilty of this offence is liable to receive a prison sentence of up to 6 months, a fine (currently of up to £5,000) or even both.
COMMUNICATIONS ACT 2003
Section 127 of the Communications Act 2003 makes it a criminal offence to send via any electronic communication network a message or other matter that is deemed "grossly offences or of an indecent, obscene or menacing character". If found guilty of an offence under section 127 of the Communications Act 2003, a person can receive up to six months in prison, a fine or both.
OBSCENE PUBLICATIONS ACT 1959
The Obscene Publications Act 1959 makes it an offence to publish an obscene article. An obscene article is classed as one whose effect is to deprave and corrupt persons likely to read, see or hear the matter contained or embodied in the article. Publishing includes circulating, showing, playing or projecting the article or transmitting the data.
PUBLIC ORDER ACT 1986
Under section 5 of the Public Order Act 1986, it is an offence to use threatening, abusive or insulting words, behaviour, writing or any visual representations likely to cause harassment, alarm or distress within the hearing or sight of a person. With regards to cyberbullying, this offence could apply where the camera or video functionality now found on the vast majority of mobile phones is used as a way of causing such harassment, alarm or distress.
We are all entitled to our opinion, and to put voice to those opinions, but a wise person once said that opinion without empathy is just judgment and Bill Bullard said it best writing that “opinion is really the lowest form of human knowledge. It requires no accountability, no understanding. The highest form of knowledge is empathy for it requires us to suspend our egos and live in another’s world”.
Remember always, in the words of Dr. Wayne W. Dyer “If you have a choice between being right and being kind, choose kind."
If you are a victim, or know someone that is a victim of cyberbullying, you can get advice from Family Lives UK at www.bullying.co.uk or by calling their helpline on 0808 800 2222. If you are threatened with harm, contact the Police immediately on 999 and the Police call centre will route your call accordingly.
If you, your business or someone you know is a victim of defamation, in the first instance, make a police complaint and then seek the advice of a solicitor. For advice on defamation visit ContactLaw here
I'm sure Hampshires finest will have a forced entry team at the front door before the pixels dry on this post).
