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email abuse

  • 12-10-2011 9:00pm
    #1
    ANSI
    Closed Accounts Posts: 384 ✭✭


    Is abuse in a private email illegal


Comments

  • #2
    RGDATA!
    Closed Accounts Posts: 1,324 ✭✭✭RGDATA!


    vaguest question ever, but answer almost certainly 'no'?


  • #3
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    RGDATA! wrote: »
    vaguest question ever, but answer almost certainly 'no'?
    can i publish it? Or would that be breach of privacy


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Could be (illegal) if the abuse constituted a threat to kill or cause serious injury which the sender intended the recipient to believe would be carried out.

    If you publish anything which is defamatory, you are liable for defamation even if you're not the other.

    If the email contained personal /confidential information relating to another person (the sender or any person not the recipient) for the recipient to publish it could constitute breach of the constitutional right to privacy. If it was mere vulgar abuse, the sender is unlikely to enjoy any privacy right in respect of the email.


  • #5
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    If the sender was using the database from his employer, without employers knowledge, to send spam for his personal organisation is the employer responsible


  • #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    No.

    Now go and get some actual legal advice for whatever is irking you.


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  • #7
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    Reloc8 wrote: »
    No.

    Now go and get some actual legal advice for whatever is irking you.
    why don't you tell that to everyone. you do not know if i am irked or curious or whatever


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ANSI wrote: »
    If the sender was using the database from his employer, without employers knowledge, to send spam for his personal organisation is the employer responsible

    Contact the Data Protection Commissioner.


  • #9
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    MagicSean wrote: »
    Contact the Data Protection Commissioner.
    What could he do if the employer is not responsible.


  • #10
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    ANSI wrote: »
    why don't you tell that to everyone. you do not know if i am irked or curious or whatever

    Oh you're irked - these arn't hypotheticals ;)


  • #11
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    ;) yerself
    Reloc8 wrote: »
    Oh you're irked - these arn't hypotheticals ;)
    how do you know it is about me and is not hypothetical or about something i read. What are your qualifications to make that judgement?


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  • #12
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    ...;)
    ANSI wrote: »
    can i publish it? Or would that be breach of privacy

    :cool:


  • #13
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    ANSI wrote: »
    Is abuse in a private email illegal
    If you Email someone and call them a P***k I see no foul

    Calling Someone a p***k in a private conversation as far as I know is not illegal.


  • #14
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ANSI wrote: »
    Is abuse in a private email illegal

    In certains circumstances yes example:

    Section 10 Offences Against the person Act 1997, but I do not believe a one off email would be caught under the act. If I remember there is also stuff in the old post & telegraphs Acts about sending abusive communications over the network, but don't have the time to search for them.

    Harassment.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.


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