Journalists have long used their First Amendment rights to protect themselves against stories they’ve written. Now, thanks to the ease of the Internet, anyone can write whatever they want about anyone else and reach millions of people, says blogger Lily Ladaga.
In this Wild West atmosphere, the law is struggling mightily to keep up technology. Ten years ago, badmouthing your landlord was just “venting”; today, badmouthing your landlord on Twitter will get you sued. In August, a judge ordered Google to reveal the identity of an anonymous blogger who called Vogue cover model Liskula Cohen a “skank” on a blog called, naturally, “Skanks in NYC.”
Name-calling aside, personal attacks can sometimes escalate to actual threats. Studies show that women on the Internet are increasingly the targets of sexual threats, first in chat rooms in the ‘90s, and now in the blogopsphere. In a 2007 case that that garnered international headlines, blogger/Web developer Kathy Sierra suspended her blog and canceled public appearances after weeks of online threats, including photos of her with a noose around her neck.
For teens and young children, the Internet can be just as treacherous. Despite age limits for sites like Facebook and MySpace, there’s no way for any website to verify. Studies show that while 38 percent of pre-teens and teens have online profiles, experts are conflicted over how young is too young, reports CNN.
Several high-profile cases show that even for teens, there can be legal consequences for what they do and say online. “Sexting,” or sending racy photos and texts to each other, is popular phenomenon, but for one Florida teen, sexting landed him on the state’s registered sex offender list. In Ohio, the ACLU has gotten involved, asking the state to stop prosecuting juveniles for sexting. Jeffrey M. Gamso, head of the ACLU of Ohio, told Cinncinati.com, “Local officials are twisting the law to prosecute those they were meant to protect. A conviction for sexting can do far more than teach a lesson – it can ruin a life.”
In 2006, 13-year-old Megan Meier committed suicide as a result of an elaborate MySpace bullying hoax, perpetrated by her 49-year-old neighbor, Lori Drew. The "landmark" cyberbullying trial was closely watched by legal experts, who decried the indictment as setting a ‘scary’ precedent. Wired.com reported that after local prosecutors couldn’t find any laws that had been broken by Drew, the Feds stepped in, charging her with felony computer hacking. (Drew was later cleared of all charges.)
Whether the law can keep up with a rapidly evolving Internet community remains to be seen, but in the end, it can only do so much. Jeffrey Rosen, a law professor at George Washington University, tells CNN:
The law is only good at policing the most extreme invasions and the most outrageous cases. It can't take the place of good manners, social norms and etiquette – the kind of thing that has always governed negotiations about face-to-face behavior.
Monday, January 4, 2010
Libel vs. Free Speech Online
Journalists have long used their First Amendment rights to protect themselves against stories they’ve written. Now, thanks to the ease of the Internet, anyone can write whatever they want about anyone else and reach millions of people, says blogger Lily Ladaga.
In this Wild West atmosphere, the law is struggling mightily to keep up technology. Ten years ago, badmouthing your landlord was just “venting”; today, badmouthing your landlord on Twitter will get you sued. In August, a judge ordered Google to reveal the identity of an anonymous blogger who called Vogue cover model Liskula Cohen a “skank” on a blog called, naturally, “Skanks in NYC.”
Name-calling aside, personal attacks can sometimes escalate to actual threats. Studies show that women on the Internet are increasingly the targets of sexual threats, first in chat rooms in the ‘90s, and now in the blogopsphere. In a 2007 case that that garnered international headlines, blogger/Web developer Kathy Sierra suspended her blog and canceled public appearances after weeks of online threats, including photos of her with a noose around her neck.
For teens and young children, the Internet can be just as treacherous. Despite age limits for sites like Facebook and MySpace, there’s no way for any website to verify. Studies show that while 38 percent of pre-teens and teens have online profiles, experts are conflicted over how young is too young, reports CNN.
Several high-profile cases show that even for teens, there can be legal consequences for what they do and say online. “Sexting,” or sending racy photos and texts to each other, is popular phenomenon, but for one Florida teen, sexting landed him on the state’s registered sex offender list. In Ohio, the ACLU has gotten involved, asking the state to stop prosecuting juveniles for sexting. Jeffrey M. Gamso, head of the ACLU of Ohio, told Cinncinati.com, “Local officials are twisting the law to prosecute those they were meant to protect. A conviction for sexting can do far more than teach a lesson – it can ruin a life.”
In 2006, 13-year-old Megan Meier committed suicide as a result of an elaborate MySpace bullying hoax, perpetrated by her 49-year-old neighbor, Lori Drew. The "landmark" cyberbullying trial was closely watched by legal experts, who decried the indictment as setting a ‘scary’ precedent. Wired.com reported that after local prosecutors couldn’t find any laws that had been broken by Drew, the Feds stepped in, charging her with felony computer hacking. (Drew was later cleared of all charges.)
Whether the law can keep up with a rapidly evolving Internet community remains to be seen, but in the end, it can only do so much. Jeffrey Rosen, a law professor at George Washington University, tells CNN:
The law is only good at policing the most extreme invasions and the most outrageous cases. It can't take the place of good manners, social norms and etiquette – the kind of thing that has always governed negotiations about face-to-face behavior.
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