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What do you deem as 'appropriate punishment' for Defamation on Social Media sites?

  • 15-01-2014 4:24pm
    #1
    Closed Accounts Posts: 723 ✭✭✭


    Police warn against misusing social media after a Darlington woman is arrested for malicious communications

    A WOMAN has been arrested and cautioned for malicious communications after falsely accusing a man of being a paedophile on Facebook, it emerged last night (Tuesday, January 14).

    Her arrest, last week, has prompted fresh warnings of the serious consequences of misusing social media, with police vowing to “knock on the doors” of those responsible.

    The 41-year-old, who is from Darlington and cannot be named for legal reasons, made the allegations on her Facebook page and posted the man’s name and photograph alongside her defamatory comments.

    Her post was quickly shared by others, much to the horror of the victim, who is from,Newton Aycliffe, County Durham, and believed to be her ex-partner.

    Inspector Mark Hall, of Newton Aycliffe Police, said: “He was absolutely distraught as you would imagine.

    “His family were also very concerned and worried about what the repercussions would be.

    “There is not truth in the allegations at all.”

    Insp Hall said the misuse of social networking sites could have serious consequences.

    “People think they can do and say what they want,” he said.

    “All it takes is the click of a button and it is done. But it is bigger than that and the implications can be serious.

    “Police will come knocking on the doors of those responsible.”

    On Monday (January 12), Newton Aycliffe Neighbourhood Police Team posted a warning on its own Facebook page, stating:

    “Don’t believe every comment on Facebook – female arrested and cautioned for malicious communications after putting on Facebook untrue fact about Newton Aycliffe male being a paedophile.”

    I would feel that people like this should be named and shamed themselves and I also feel, depending on the seriousness of the defamation, that a custodial sentence might be appropriate. The ramifications of this kind of modern day rumour mongering could range anywhere from a person losing theirs jobs, to taking their life. I couldn't really careless what people post in the way of how much they feel a certain person is an asshole, bitch etc etc. They are pretty empty words but I feel that anyone that posts something online, which suggests that a person is a pedophile, a murderer, has sexually assaulted someone etc, or even just suggest that they are likely to do one of these things, then they should be charged with defamation of character.

    People should be made to own their own words and if their words can be shown to have unjustly lessened someone's reputation, then there should without question be consequences for that. If that person ends up taking their life over what has been said, then I genuinely believe that they should in some way be charged in the death of that person. Nor murder, obviously, but in some way they should be held accountable.

    I don't however feel that the site which the words were published on should be held accountable, unless they were in some way responsible for the comments themselves of course, or for some reason refused to remove them when notified of their existence. A notice condemning the defamatory comments should I feel also appear on such sites after the removal of the comments, as if someone is defamed publicly, then to truly and suitably recompense that person, there needs to be a similar condemning of the defamatory comments in the very place where they were published.

    Hopefully cases like this will make people think twice before they post defamatory comments online in the future.

    How about you? Do you feel it's all just words and people should just get thicker skins?

    Or do you feel as I do, that such serious comments deserve serious punishments?


Comments

  • Registered Users, Registered Users 2 Posts: 12,090 ✭✭✭✭PopePalpatine


    That's why we have libel laws.


  • Closed Accounts Posts: 4,512 ✭✭✭Muise...


    I find it alarming that the police think there's a thing called an "untrue fact."


  • Registered Users, Registered Users 2 Posts: 3,068 ✭✭✭Specialun


    there is a thing nowadays called fraping..where you are raped on facebook


  • Registered Users, Registered Users 2 Posts: 3,044 ✭✭✭Wabbit Ears


    Saying someone is a gobshyte or similar should be allowed but the line really should be drawn at accusing someone of a criminal activity. That should be a criminal offense.


  • Closed Accounts Posts: 5,734 ✭✭✭J_E


    with police vowing to “knock on the doors” of those responsible.
    :eek:


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  • Registered Users, Registered Users 2 Posts: 8,707 ✭✭✭brevity


    Pay all damages including and stress caused by the offence and mandatory psychiatric counselling.

    You cannot do stuff like this, it destroys people.


  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    I logged on to my facebook account (not something I do often) soon after that incident with the two children in Athlone. In my newsfeed - twice - was a picture the man who "did it". I went slightly ape sh*t and ranted about how these gobshytes had just shared a picture of a potentially innocent man without questioning it. I have no idea if he was the guy who was charged, but neither had they. I pointed out that I could share a picture of any of my friends and claim they are a rapist and it would go viral without anyone bothering to check if it was true. It summed up how I felt about this kind of thing.

    Stuff like that ruins people's lives, I'm not sure what the punishment should be tbh, but there should most certainly be punishment.


  • Registered Users, Registered Users 2 Posts: 81,219 ✭✭✭✭biko


    Specialun wrote: »
    there is a thing nowadays called fraping..where you are raped on facebook
    Rampant in India I hear.


  • Closed Accounts Posts: 723 ✭✭✭Daqster


    That's why we have libel laws.

    I understand that but I am asking if people feel that current punishment for breaking libel laws, especially with regards to social media sites, are appropriate or just.

    The only defamation case in Ireland that I can recall that would be similar to the one linked to, was not actually on a social media site and the person who made the remarks was only made to make a payout.


  • Registered Users, Registered Users 2 Posts: 43,037 ✭✭✭✭SEPT 23 1989


    drag them naked through the streets


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  • Closed Accounts Posts: 5,628 ✭✭✭Femme_Fatale


    It's utterly reprehensible. Social media is the modern witch-hunt. The most idiotic, aggressive voices shout the loudest, and a lot of damage is done because of their inability to consider the rest of the story and their eagerness to share.

    Doesn't matter that there are libel laws - this stuff spreads so fast that it's too late by the time it's clamped down on.


  • Closed Accounts Posts: 4,339 ✭✭✭Artful_Badger


    Its a tough one. On the one hand I'd like to see people held to account for what they do and say online. On the other hand I'd very much like to keep enjoying free music, movies, TV and sports.


  • Closed Accounts Posts: 12,452 ✭✭✭✭The_Valeyard


    Destroying someones good character, name, reputation, and public standing with lies and terrible rumours should be punished and name printed in the paper.


    Rumours can cost lives.


  • Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭Tangatagamadda Chaddabinga Bonga Bungo


    Chop off their small finger first , for every subsequent time they do it chop one more finger off until the only way they can type on Facebook is with their nose.

    Maybe I need to go live in Saudi Arabia, they get some things spot on in fairness.


  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    If it's a woman, she should be made post up a selfie of herself first thing in the morning, no make-up and a bad bathrobe on. No sneaking the cack out of her eyes either.
    If it's a male perp, he has to post up a naked selfie, full frontal standing in the garden, in the cold, no sucking in the gut allowed and no giving your best side.

    Pics have to remain up forever. That'll soften their cough.


  • Registered Users, Registered Users 2 Posts: 4,733 ✭✭✭jam_mac_jam


    The same as defamation anywhere else?


  • Closed Accounts Posts: 2,103 ✭✭✭Tiddlypeeps


    I thought the punishment for defamation is relative to the damage caused by the remark. If not then it should be.


  • Closed Accounts Posts: 10,076 ✭✭✭✭Czarcasm


    I don't think there's a whole lot CAN be done about these things tbh, not for ordinary citizens at least. Once something is out there and it goes viral, it's almost impossible to stop the spread. Just today alone I was reading in the Irish Independent about how teachers are now having to cope with this reality -

    Social media smears against teachers on rise

    And while there are no names mentioned in the Dumb Facebook Status thread on here, it's a pretty good barometer for the amount of people that just don't give a fcuk for what they post up online, as the consequences if there are any, are never severe enough that they will actually think about the possible consequences of their behaviour first before they post. By the time they have to think about the consequences, the damage is already done, because most people think "Well it'll never happen to me".

    Look how long copyright infringement has been around, and STILL people download away and constantly find new ways to get around online obstacles. The recent blocking of the pirate bay by all Irish ISPs is a good example. Has it stemmed the tide of copyright theft? Nope, because people don't see consequences while they think it'll never happen to them.

    Only when these types of people are directly affected by the consequences of their actions do they stop and think, and current legislation, regulatory bodies and the various groups set up to combat this online copyright theft and online harassment are effectively not worth a damn.

    What's a severe enough punishment for defamation? Nothing. Because nothing will serve as a deterrent to people who think it will never happen to them. The only viable, sustainable option IMO, is for parents to educate their children, and even then that's only going to work if parents are directly affected by these issues and are motivated to learn about how to use social media responsibly. That takes all the "fun" out of it though. It's easier for people just to pass the buck and blame someone else for not taking responsibility when something happens.


  • Closed Accounts Posts: 1,382 ✭✭✭AndonHandon


    There shouldn't be any anonymity on the internet, people need to realise that they must be able to back up their keyboard assaults with their real life persona and all that goes with it (reputation, status etc.).


  • Closed Accounts Posts: 3,973 ✭✭✭Sh1tbag OToole


    They should tell children when they are still in school to take comments on social media sites with a few grain of salt.

    Back in the early days of the internet, mostly in online games I was called every name under the sun and I called them every name under the sun but it all lost it's meaning after a while. Now if you start regulating everything then eventually some new unregulated site will start up hosted in a foreign country and there will be huge outrage over it, Sherlock will have it banned,

    The internet was better when it was a free for all, people had to decide for themselves what was useful information and what was just someone looking for a rise.


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  • Registered Users, Registered Users 2 Posts: 12,090 ✭✭✭✭PopePalpatine


    There shouldn't be any anonymity on the internet, people need to realise that they must be able to back up their keyboard assaults with their real life persona and all that goes with it (reputation, status etc.).

    Oh, not this bullsh*t again.


  • Registered Users, Registered Users 2 Posts: 41,214 ✭✭✭✭Annasopra


    There shouldn't be any anonymity on the internet, people need to realise that they must be able to back up their keyboard assaults with their real life persona and all that goes with it (reputation, status etc.).

    I don't agree with that. Internet anonymity is a lifeline for lgbt people in particular. As well as that many opressive regimes would abuse that to crack down on any online criticism of them. It would be abused as a tool for censorship.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Closed Accounts Posts: 1,382 ✭✭✭AndonHandon


    I don't agree with that. Internet anonymity is a lifeline for lgbt people in particular. As well as that many opressive regimes would abuse that to crack down on any online criticism of them. It would be abused as a tool for censorship.

    Your argument is valid if you were posting from within an oppressive regime. But the Western World is not oppressed so your justification for not denying anonymity is false and groundless.


  • Closed Accounts Posts: 1,382 ✭✭✭AndonHandon


    Oh, not this bullsh*t again.

    To dismiss my argument as such is to completely misunderstand and not appreciate the technologiCal wonder of the internet. Your dismissal is terribly small minded and indicates that you should be denied a vote.


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    Like everything else, an appropriate punishment, depends on the specifics of the deed.

    If someone says, 'Ugh - I hate my stupid biology teacher! 10 PAGES IS TOO MUCH TO WRITE ON ANY TOPIC' and someone replies, 'Yeah - Mr. Jones is a total pedo, I hate that guy'.

    I would say no crime has been committed.

    If someone came out and said, 'ATTENTION PARENTS - KEEP YOUR KIDS AWAY FROM MR. JONES! I'm a student of his and I've seen him inappropriately looking at and even touching small children. I know for a fact he is a pedophile, my cousin attends (some other school) where he was transferred after allegations of touching a minor! Now he's at our school and he's still a sick, sick man. Last Thursday I saw inappropriate, explicit material on his cell phone while IN CLASS. We were taking a test and I went up to ask a question and he was watching a dirty video on his cell phone and he knew I saw it but he kept it playing. I was so embarrassed I just said nevermind and went back to my desk.'

    Presuming all of that is a fabrication, I would say a very serious crime has been committed.

    But the worst thing we could do is say, 'Social Media is a breeding ground for bullies! Defamation of character on a social media site should mean we always do ___________.' Because, inevitably __________ will be done when it isn't appropriate and we'll say know it's stupid, but we'll sit back and let it happen because, hey, it's the law.


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    There shouldn't be any anonymity on the internet, people need to realise that they must be able to back up their keyboard assaults with their real life persona and all that goes with it (reputation, status etc.).

    People also need to realize there is no way for the internet to exist in any form resembling the internet without anonymity.


  • Registered Users, Registered Users 2 Posts: 4,971 ✭✭✭Holsten


    Massive fines.

    Simple and effective.


  • Registered Users, Registered Users 2 Posts: 19,802 ✭✭✭✭suicide_circus


    with police vowing to “knock in the backdoors” of those responsible
    this might be more effective


  • Registered Users, Registered Users 2 Posts: 12,090 ✭✭✭✭PopePalpatine


    To dismiss my argument as such is to completely misunderstand and not appreciate the technologiCal wonder of the internet. Your dismissal is terribly small minded and indicates that you should be denied a vote.

    By any chance, is AndonHandon your real name?


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  • Banned (with Prison Access) Posts: 1,151 ✭✭✭rovoagho


    Specialun wrote: »
    there is a thing nowadays called fraping..where you are raped on facebook

    No, there isn't.


  • Closed Accounts Posts: 5,628 ✭✭✭Femme_Fatale


    By any chance, is AndonHandon your real name?
    Yeh - Andon, if that's not your real name you'd better subscribe and change it to your actual name in keeping with your "principled" stance. And you should express your views on Jews directly to Jewish people.
    rovoagho wrote: »
    No, there isn't.
    They know that. It's in reference to a stupid thing some dopey politician said.


  • Registered Users, Registered Users 2 Posts: 29,453 ✭✭✭✭end of the road


    Daqster wrote: »
    Hopefully cases like this will make people think twice before they post defamatory comments online in the future.
    sadly i don't think it will
    Daqster wrote: »
    do you feel as I do, that such serious comments deserve serious punishments?

    i agree with you all though i'm unsure what the punishment for these sorts should be as i don't think they care. this woman and trash like her who spread accusations such as this are vermin.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 29,453 ✭✭✭✭end of the road


    Your argument is valid if you were posting from within an oppressive regime. But the Western World is not oppressed so your justification for not denying anonymity is false and groundless.
    no its not, its a very good argument, just because were not being oppressed at the moment doesn't mean it couldn't happen at some stage, oh and is your username a username or your real name by the way?

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 29,453 ✭✭✭✭end of the road


    this might be more effective
    i'd doubt it, also, the police arresting people for just saying something "offensive" doesn't do such support for severe punishments in relation to stuff said on social media any favours IMO

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 28,789 ✭✭✭✭ScumLord


    Destroying someones good character, name, reputation, and public standing with lies and terrible rumours should be punished and name printed in the paper.
    I don't see why not, it's essentially the same thing.

    At the same time I come from an age when the internet was full of people abusing each other for fun. It's different now when people put their whole life up for scrutiny on their facebook page. There's obviously going to be a period of adjustment as people get used to the fact you have an online persona now and if you want to link your online persona to your offline persona by giving everybody your details then that's your own fault if it blows up in your face.

    Most people don't know how to hide online, at this stage I think it's the police's fault if they don't act on complaints made or disregard them because they don't see the abuse in the same light as if it was done in the street.


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  • Closed Accounts Posts: 1,866 ✭✭✭drquirky


    That's why we have libel laws.

    And that is why free speech doesn't exist here ... Your libel laws are a complete laughingstock of much of the world btw


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