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  • Social Media and The Law: Presentation To Joint Committee On Transport and Communications

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    TJ McIntyre
    14K vues18 pages
    This is the presentation accompanying testimony by Digital Rights Ireland before the Oireachtas Joint Committee on Transport and Communications on the topic of abuse of social media. It looks at existing Irish law dealing with defamation, threats, cyber-bullying, etc. and argues that better enforcement is needed of existing laws before new laws are adopted.

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    Social Media and the Law: Presentation to Joint Committee on Transport and Communications

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    This is the presentation accompanying testimony by Digital Rights Ireland before the Oireachtas Joint Committee on Transport and Communications on the topic of abuse of social media. It looks at existing Irish law dealing with defamation, threats, cyber-bullying, etc. and argues that better enforcement is needed of existing laws before new laws are adopted.

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    Attribution Non-Commercial (BY-NC)
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    14K vues18 pages

    Social Media and The Law: Presentation To Joint Committee On Transport and Communications

    Transféré par

    TJ McIntyre
    This is the presentation accompanying testimony by Digital Rights Ireland before the Oireachtas Joint Committee on Transport and Communications on the topic of abuse of social media. It looks at existing Irish law dealing with defamation, threats, cyber-bullying, etc. and argues that better enforcement is needed of existing laws before new laws are adopted.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 18

    Joint Committee on Transport and Communications

    20th March 2013

    Digital Rights Ireland


    TJ MCINTYRE FERGAL CREHAN

    About
    Digital Rights Ireland Founded 2005 Aims to protect traditional rights online as well as offline TJ McIntyre Chairman, Digital Rights Ireland Associate Dean, UCD School of Law Practising solicitor specialising in IT law Fergal Crehan Practising barrister with special expertise in data protection, online defamation and social media

    Far from being a new phenomenon

    Wide range of existing laws


    Post Office (Amendment) Act 1951 S.13: Offensive, etc. telephone messages Data Protection Acts 1988 and 2003 S.2: Fair obtaining/processing of data S.6A: Right to object to processing likely to cause distress S.8: Permits disclosure for investigation of crime Prohibition of Incitement to Hatred Act 1989 Non Fatal Offences Against the Person Act 1997 S.5: Threats to kill or cause serious harm S.9: Coercion S.10: Harassment Norwich Pharmacal orders Used since 2005 to identify internet users Defamation Act 2009 S.36: Blasphemy

    Who needs to protect their identities online?

    Children

    Victims of domestic abuse

    Employees and union members

    Ryanair v. Johnston
    The [application] it appears to me forms part of a

    war of attrition that the captains are to be dissuaded by legal battle.... I do not accept [the] evidence that the investigation intended was bona fide. It is a feigned exercise and designed to divide those in IALPA from loyalty towards each other.

    Unreported, High Court, Smyth J., 12 July 2006

    Whistleblowers

    Risks in applying an offensive messages law online?

    S.13 Post Office (Amendment) Act 1951 Deals with particularly invasive messages phone call, voicemail, text These are messages TO an individual not ABOUT an individual Expansion would
    Criminalise every web page, online newspaper story, etc. which was intended to cause annoyance Create a remarkably subjective crime Break the principle of parity between online/offline speech Add to huge workload of Garda Computer Crime Unit

    Comparable English law (s.127 Communications Act 2003) has been extensively misused

    In any case, expanding s.13 would likely be in breach

    of Art.10 ECHR:

    Freedom of expression constitutes one of the essential foundations of a democratic societyit is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also as to those that offend, shock or disturb
    Sunday

    Times v UK (No2) [1992] 14 EHRR 123

    Suggestions?

    Provide adequate funding for DPC

    Provide adequate funding for DPC

    Resource the Computer Crime Investigation Unit

    Thank you
    WWW.DIGITALRIGHTS.IE INFO@DIGITALRIGHTS.IE

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