Latest News

  • Home
  • Global
  • Social media law: an essential guide
Social media law: an essential guide
Thursday, May 17, 2018 IST
Social media law: an essential guide

A retweet could land you in court. A ‘borrowed’ photo could breach copyright. Here, a law student explains how to use social media safely
 

 
 

Social media has made its way into almost every area of student life. The 18 to 25 age group is the most active demographic on social media and graduate recruitment teams often use Twitter to find new talent.
 
We all know that a poorly judged post or message can have significant personal ramifications, but fewer young people are aware of the laws that govern social media use. Ignorance is not a defence in court, however, so here are the essentials to help you avoid ending up in the dock.
 
 
Think before you tweet
It’s easy to post an opinion or joke online. But that one tweet or Facebook status can reach an audience far beyond what was expected, or intended. And if you say the wrong thing, you could face severe legal consequences.
 
Libel: According to research for law firm Wiggin, 46% of 18- to 24-year-olds were unaware that they could be sued for tweeting an unsubstantiated rumour about another person.
 
But if a false statement causes “serious harm” to a person’s reputation, it may be libellous under the Defamation Act 2013. Famous examples include the many Twitter users who incorrectly insinuated that Lord McAlpine was a paedophile. Typically, this can result in the publisher of the statement being forced to pay damages.
 
What’s more, you don’t have to have posted the original allegation to get in trouble. Simply retweeting someone else’s comments can potentially be regarded as an endorsement, significant enough to trigger legal action. A libel claim can also follow even where the person is not directly named, so long as they can be identified from what is posted.
 
And deleting the post does not prevent a claim as it may have been carried elsewhere on the social media stream; the length of time the post was visible for will only affect the amount of damages payable.
 
Trolling: Anyone who is familiar with Twitter will know that trolling is rife. In fact, in 2015, 25% of 13- to 18-year-olds were victims of online abuse, and five internet trolls are now convicted every day.
 
Guidelines issued by the Crown Prosecution Service require the passing of a “high threshold” before the law will intervene, such making grossly offensive or threatening remarks or a “campaign of harassment specifically targeting an individual”.
 
The threats will also need to be “credible”, in that they are likely to be followed through. This falls under criminal law, so it is typically up to the police and prosecutors to make a judgment.
 
Don’t steal photos
Copyright law supports the fundamental idea that if a person created something, they can decide who else has access to it. This applies to the online world just as it does the real world. The use of a photo or video posted online without the permission of the creator could be a breach of copyright.
 
Rachel Boothroyd has produced a useful comprehensive outline of some of the finer points of the law. In short, a photo or video should only be used in three scenarios: where copyright is owned because you created the content yourself; where a licence has been granted or you’ve bought the copyright; or where the use of the photo or video is considered “fair dealing”. This last scenario is narrow, and applies only where the photo or video is being used for research or private study, or for criticism and review – both require acknowledgement of the owner and cannot apply to photos or videos detailing current events.
 

 
 

Privacy isn’t guaranteed
The right to privacy is protected by article 8 of the European convention on human rights. UK law also protects the privacy of individuals from the state and other private individuals on social media. However, there are a number of exceptions to these rules that allow interventions if breaching your privacy is deemed necessary to society, such as when certain policing operations are concerned.
 
Furthermore, a recent case ruled that employers could read workers’ private messages sent via chat software, such as Facebook Messenger, during working hours. Students with part-time jobs should take note.
 
Keep up with the latest on Guardian Students: follow us on Twitter at@GdnStudents – and become a member to receive exclusive benefits and our weekly newsletter.

 
 
 
 
 

Related Topics

 
 
 

Trending News & Articles

 Article
'Worse than prison': A rare look inside China's detention camps to 'brainwash' Muslims

ALMATY: Hour upon hour, day upon day, Omir Bekali and other detainees in far western China's new indoctrination camps had to disavow the...

Recently posted . 194K views . 1 min read
 

 Article
What The Shape Of Your Belly Button Says About Your Health

If you have payed attention to the belly buttons of people on the beach or the members of your family, you have probably noticed that they have different shapes and...

Recently posted . 8K views . 2 min read
 

 Article
Top 10 Horrifying Acts of Chemical Warfare and Gas Attacks

In this age of terror, there might be nothing more terrifying than the thought of an attack carried out with chemical weapons. We’ve all heard the horrific ...

Recently posted . 3K views . 4 min read
 

 Article
Top 10 Best Gym Equipment Brands in India 2018

Body fitness is one thing that everyone wants to maintain irrespective of age. Going to the gym and doing some great exercise always helps to maintain your body fit...

Recently posted . 3K views . 2 min read
 

 
 

More in Global

 Article
Mindfulness ! What is it?

Long long back, I was living in Virginia. It was particularly stressful time in my life. On recommendation of a friend, I joined a mindfulness course.

Recently posted. 623 views . 1 min read
 

 Article
The Best Marriage Advice From A Divorced Man

Divorce. It happens for tough reasons and it is one of the toughest things many people will go through. And really, choosing to share your life with someone is, i...

Recently posted. 967 views . 1 min read
 

 Article
Bill Hwang, The Man Who Lost $ 20 Billion In 2 Days, Now Lives Like This

Bill Hwang amassed one of the world's great fortunes in virtual secrecy - and then lost it, very publicly, in a blink.

Recently posted. 1K views . 0 min read
 

 Reviews
Leaseweb hosting review



Recently posted . 1K views . 67 min read
 

 Reviews
The Best 5 Hiking Backpacks in India – Reviews & Buying Guide



Recently posted . 1K views . 140 min read
 

 Article
Kulbhushan Jadhav's case in ICJ : How what and why of the most recent India-Pak flashpoint

The International Court of Justice (ICJ) will on Monday evening take up the instance of Kulbhushan Jadhav whose hanging it remained a week ago after India challenge...

Recently posted. 746 views . 48 min read
 

 Article
Connaught Place is Among World's Top 10 Expensive Office Locations

Mumbai's Bandra Kurla Complex (BKC) slipped to 26th position with an annual prime rent of USD 96.51 per sq ft from 16th rank. The central business district (CBD...

Recently posted. 804 views . 2 min read
 

 
 
 

   Prashnavali

  Thought of the Day

"Don't count the days. Make the days count."
Anonymous

Be the first one to comment on this story

Close
Post Comment
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


ads
Back To Top