CYBER LAW Essay Example | Topics and Well Written Essays - 1750 words

CYBER LAW - Essay Example Internet has a huge impact on both professional and personal lives of users. There is common belief that anyone can write anything while online. On the Internet, exaggerated forms of behavior are not uncommon and people tend to harass or ridicule others who do not agree with their views. However, it is not right to assume that damaging someone’s reputation in a public forum cannot be contested in a court of law. Considering the growing tendency among people to defame others including employees have induced governments and courts to extend laws and regulations that encompass derogatory comments made on social networking sites and other traditions forms of media. Defamation of others by way of slanderous comments is not a new thing and has been in practice for many decades, but this has been enhanced by the development of the Internet as a social medium. While negative comments published in the newspapers or broadcasted on the TV have a limited shelf life, those made on blogs an d online social forums can remain in the websites for many years. The Internet is a medium that provides freedom of speech and expression to all individuals including the common people in the global level. The Internet thus is a democratic way of communication in a user-friendly, efficient and cost-friendly manner. Social networking sites like chat rooms and blogs are places to freely express one’s opinions. In spite of the Internet’s facility of freedom of speech, it is often being misused.1 Defamation is a term that has been used from Middle Ages that meant a person’s reputation so evil that it could put a man on trial. In this modern era, the term defamation is used when there is attack on a person’s good name or reputation. A complaint can be brought for defamation â€Å"based on a false statement, spoken (slander) or written (libel) that exposes a person to hatred, contempt, or ridicule, or which causes a person to be shunned or avoided, or which ha s a tendency to injure that person in his or her occupation.†2 Since communication done online is mostly done in written mode, online defamation claims fall under the category of libel law. In order to prove defamation various factors have to be considered. Firstly, it has to be proved that the statement concerned invades the reputation of the plaintiff which means the statement is defamatory. Secondly, the statement must make reference of the plaintiff. Thirdly, the statement must be communicated to a third person. Fourthly, the defendant has no valid defence.3 As social networking sites and blogs are increasingly becoming a common occurrence, it also increases the possibilities of people committing intentional or unintentional defamation or libel. The easy accessibility of online forum to ordinary citizens have made defamation a common phenomenon. Before the advent of online communication, people who were not engaged in media related activities did not have to worry about de famation or libel. The traditional modes of expressions like newspapers or televisions are responsible for their contents that are broadcasted. Similarly, one needs to be aware of the comments that he or she posts or distributes over the Internet to avoid defamation or libel.4 There are numerous online activities that are considered illegal. Making threats or comments that attack another individual or organization on a social networking