Social Media: Legal, Polices,
and Ethics
"Social Networking Law Blog" is all about the connection
between social media and the law.
A New Jersey woman created a FAKE FaceBook profile
pretending to be her ex-husband in hopes of hurting his reputation. (Did that
grab your attention, like it did mine?) This lady went as far as to make
remarks about him having an STD, calling prostitutes for sex and using illegal
drugs. These statements are obviously defamatory and can clearly hurt someone’s
reputation. Once she was discovered to be the person behind the profile she was
taken to court.
"The New Jersey Code of Criminal Justice defines the
offense of impersonation/identity theft to include "impersonat[ing]
another or assuming a false identity and do[ing] an act in such assumed
character or false identity . . . to injure or defraud another."
After many attempts to get her case dismissed by stating that
there is no mention of electronic communications, the presiding judge has
decided to go forward with it. (Its mind
boggling to me that she knows it’s ILLEGAL to say defamatory
statements, but believes because she made those statements over the internet
and not in person there shouldn’t be the same consequences.)
I wish this woman was feeling remorse, instead of trying to
manipulate her way out of it. She should have thought twice before making a
FAKE FaceBook. I hope they throw the book at her.
The problem is that Law based on the internet is still a
very new concept so many people are unaware the consequences that come with it.
Social Media Policies for Legal Types is a great article
that gives great advice as to what is legally appropriate/not appropriate when
it comes to social media in both the business as well as professional world.
A question that is often asked nowadays is: Are
professionals allowed to have a personal life on the internet? My answer to
that is, “If you don’t want your boss to see it, it should be out there.” My
dad always reminds his employee that they as well as their Facebook’s are a
reflection on his company. However, what do we know? Below are Harvard's Law
Guidelines.
Harvard states:
“As a general matter, you may post content freely to your
blog and to those of others, so long as the content is not illegal, obscene,
defamatory, threatening, infringing of intellectual property rights, invasive of
privacy or otherwise injurious or objectionable."
I am the first to admit there is so much for me and the
world to learn when to comes to social media and the law.