Its not for an essay although I understand why you may think this, as its quite a subjective question
The reason for my question is I feel I have been a victim for the past year, and I strongly believe social media has been the main reason behind this
Sorry before I go into detail, are these discussions confidential?
I didn't realise this was public. Ok, please withhold my name from the details
So, what is the law surrounding social media and peoples privacy?
I mean, if individuals have captured details of your whereabouts and this has developed into a widespread topic of freedom of speech via the medium of social media, doesn't this break an invasion of privacy?
Yes the public has access to and yes its untrue
But the main point here is privacy and human rights
There seems to be a misalignment between society and social media
Getting answers here seem to take a long time. Can I withdraw my request?
Forgive me, I have been in and out of meetings.
Right Human Rights ONLY applies to government bodies, ie the Council etc.
It would NOT apply to say someone like Facebook or a Company or an individual.
Therefore you can only enforce human rights against a public body
If what is being said is malicious then it can be reported to the Police
(1)Any person who sends to another person—
(a)a [F1letter, electronic communication or article of any description] which conveys—
(i)a message which is indecent or grossly offensive;
(ii)a threat; or
(iii)information which is false and known or believed to be false by the sender; or
(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,
So why do they term it human rights if its not for people?
An individual can claim a human right but ONLY against a public body
So for example the Home Office or the Council
I could not claim a human right against you
Or against say McDonalds.
If what they are saying is not grossly offensive but untrue you may be able to sue for defamation but that is a long and very expensive process
But the problem, is the scale of defamatory comments i.e. via social media, there seems to be no protection
what happens in society is only the tip of the iceberg
The only thing you can do is sue the individuals concerned or seek a Court Order to have the social media outlet provide the name/address of the individuals.
I agree its unfair, but I can only tell you what the legal situation is
For example, if someone shouted homophopic abuse and I went down the road of defamation, what case do I have and what case does the offender have?
That would be a criminal offence though.
That is different
In what way?
Calling someone a thief for example when they are not, is not criminal and only a civil matter
I am sorry if this is not the answer you want and certainly not the one I wanted to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Thats fine, thanks for your honesty. Although, I struggle to realise what protection there is with social media surrounding privacy. It seems there is none really, and people have total freedom of speech, regardless of the impact it can cause to people in society, nationwide and internationally.
You can sue for defamation of course, but in reality that cost is going to be in excess of £15,000 - because they are specialist proceedings in the High Court
And also specialist solicitors?
Also, if the victim only gets the impact of what is being said in social media, he may not have any proof so how do you go about arguing this type of case?
You would get screen grabs of what was being said
A suspicion alone is not enough
But if it is well and truly in the public eye, and the individual cannot find these screen grabs yet he continually get judged and commented with innuendos within society, that person has no case right?
No case - correct
There needs to be evidence
Within the privacy laws, there is an article called Privacy and the Media, does social media count as "media"?
Yes it would do
So if you wwere to fight such a case, then its really this article that would be used alongside the case?
What is the name of articles, surrounding defamation?
defamation act - there are various ones with the latest act in 2013
Also, if your personal life has been captured on social media, for example, if people checked in at places you went etc wouldnt this account for an invasion of privacy?
Yes but that is not illegal.
You only have a human right for this against public bodies
But wouldnt this be deemed someone else private data?
That would only be your address, bank details etc
So it currently isn't illegal for a collection of individuals to capture an individuals whereabouts on a regular basis?
Can I clarify anything else for you?
But isn't this victimisation?
Yes but that in itself is not illegal
What do you mean?
Victimisation only applies, for example in the workplace.
Not in public?
If I were to victimise you, it may not be nice, but not necessarily
It may be an offence under the Public Order Act but thats it
So people can track your every move and it is not illegal on a regular basis?
I am truly surprise, is this a form of stalking then?
You asked about laws social media and privacy, not about stalking.
There is the Protection From Harassment Act when someone pursues a course of conduct likely to cause alarm harassment etc
But you dont know who is doing this, so they can't be prosecuted
ok, I think you have answered my question now
Can I clarify anything else?
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No thats fine
Have a good weekend
Yes you too
All the best with this