Courts Around The World Dealing With The Fact That There Are Mean People Online

from the but-is-it-illegal? dept

Here are two separate lawsuits, halfway around the world from each other that seem to be touching on quite similar issues: whether or not it's illegal to be a jerk online. The first, described by Eric Goldman, is about a student who has sued a bunch of high school classmates, their parents and Facebook, because those students created a private group on Facebook where they made fun of the girl. Goldman points out all the problems with the lawsuit: suing Facebook makes no sense and will get thrown out pretty quickly. The group was private, and limited to six students, so the total "audience" for any defamation was a grand total of five people -- and, while the comments were mean, they were also pretty obviously not true. Also, suing the parents for "negligence" in supervising their kids isn't likely to get very far. All in all, it seems like the case probably won't last very long.

However, the results on the other side of the planet were a bit different. VivekM points us to the news of a teen in India who started an Orkut group against a certain political party. Many people left anonymous comments as a part of the group, but the party sued the teenager who created the group, claiming he violated a local law against "hurting public sentiment." Rather than realizing the the kid starting the group should have no liability for the statements made by others, the Supreme Court in India has said that he can be charged, noting: "You are a computer student and you know how many people access internet portals. Hence, if someone files a criminal action on the basis of the content, then you will have to face the case. You have to go before the court and explain your conduct."

At some point, people and courts will recognize that there will always be jerks online, and it makes little sense to go around filing lawsuits against anyone in any way connected to those being jerky (even the jerky folks themselves), but until that time, the court systems around the world are going to be quite busy with similar cases.

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  1. icon
    DakotaJack (profile), 5 Mar 2009 @ 9:06am

    less than flattering

    i believe these pppl snuck in along with the politically correct crowd, "wah wah WAH!!!!! i'm gonna go cry till somebody hears me"
    they have no idea the damage they have done till it hit the fan.
    bring back the good old days when you could tell a racist joke to your neighbor who was of another race than your own. and you both busted a gut laughing at each other in public!!!!

    "and that is the rest of the story"

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