CYBERLAW



cyberlaw



Cyberlaw

With regard to the scenario Helen is not liable for the consequences. Helen has accidentally become a victim of cyberbullying and defamation. Cyberbullying is not a specific criminal offence in UK law, there are criminal laws that can apply in terms of harassment or threatening behaviour. For example - and particularly pertinent for cyberbullying - threatening and menacing falls under tort., however, communications examples include blogs,forums and websites. etc.

Referring to Helen's liability in the case it is important to note that intent is difficult to prove, however, and British law, like that in the US, has no precedent for cyber-bullying cases. Therefore, Helen will not be charged with a technical infringement, in this instance under the Computer Misuse Act,. In her case Opinion is a defense recognized in nearly every jurisdiction. If the allegedly defamatory assertion is an expression of opinion rather than a statement of fact, defamation claims usually cannot be brought because opinions are inherently not falsifiable. However, some jurisdictions decline to recognize any legal distinction between fact and opinion. The United States Supreme Court, in particular, has ruled that the First Amendment does not require recognition of an opinion privilege.

Some cyberbullying activities could be criminal offences under a range of different laws, including the Protection from Harassment Act 1997 which has both criminal and civil provision, the Malicious Communications Act 1988, section 127 of the Communications Act 2003 and the Public Order Act 1986. A civil court may grant an injunction to restrain a person from conduct which amounts to harassment and, following conviction of an offence under section 2 or 4, restraining orders are available to protect the victim of the offence. Communications Act 2003: Section 127 covers all forms of public communications, and subsection (1) defines an offence of sending a 'grossly offensive…obscene, indecent or menacing' communication Subsection (2) defines a separate offence where for the purposes of causing annoyance, inconvenience or needless anxiety, a person sends a message which that person knows to be false (or causes it to be sent) or persistently makes use of a public communications system Malicious Communications Act 1988: Section 1 makes it an offence to send an indecent, grossly offensive or threatening letter, electronic communication or other article to another person with the intention that it should cause them distress or anxiety Public Order Act 1986: Section 5 makes it an offence to, with the intent to cause harassment, alarm and distress, use threatening, abusive or insulting words, behaviour, writing, signs or other visual representation within the sight or hearing of a person likely to be caused harassment, alarm or distress. This offence may apply where a mobile phone is used as a camera or video rather than where speech writing or images are transmitted. Obscene Publications Act 1959: It is an offence under this Act to publish an obscene article. Publishing includes circulating, showing, playing or projecting the article or transmitting that data, for example over a school ...