DEFAMATION IN CYBER SPACE SHOULD SOCIAL MEDIA BE

DEFAMATION IN CYBER SPACE: SHOULD SOCIAL MEDIA BE BANNED? Isaac Nonde LLM, LLB

q World of Social Media q Should Social Media be Banned? q Understanding the Problem q The Law of Defamation q Defamation in Zambia q Cyber Defamation q Self-Remedy tips q Closing Remarks

The World of Social Media Web-based & Mobile Apps Creating & Sharing Information Facebook, Twitter, You. Tube, Instagram etc. .

Some Social Media Pros and Cons Advantages Disadvantages Open Communication Public Sharing Wide Audience Online Defamation Expands Market Research Unlimited Shelflife

Fake News -Global Phenomenon Fake News in Zambia?

So Should Social Media be Banned?

Should Social Media be Banned? Alan Woodward – 2012 Visiting professor at the University of Surrey's department of computing. Has worked for the UK government and still provides advice on issues including cybersecurity, covert communications and forensic computing. “So, all those who spend their time railing against any regulation of the internet should perhaps consider not "if" the internet should be governed, but "who" should govern it. It's happening, and what we really need to avoid is establishing something that will stifle the innovation that has made the internet such an exciting environment. ”

Should Social Media be Banned? German Network Enforcement Law of October, 2017 Touted by many as the toughest law of its kind in the Western world! — Social media companies that have at least 2 million users in Germany, including Facebook, Google and Twitter, can be fined as much as 50 million euros ($58. 3 million) if they fail to delete comments and posts that are deemed to violate German law. In clear-cut cases, the time that the platforms have to remove the offending material can be as little as 24 hours.

Should Social Media be Banned? French President Emmanuel Macron Announced plans for a new law to combat so-called fake news. “Deliberate attempts are being made to blur lines between truth and lies and undermine people's faith in liberal democracy! Social media will face tougher rules over the content that they put online”. Correspondents say there is no question he had Russia in mind when he made the announcement.

Should Social Media be Banned? Government may be forced to go the China way! Hon Brian Mushimba Minister Transport & Communications – Zambia Speaking on Radio Phoenix. Let the People Talk. If fake news, cyber bullying and other computer based crimes become a threat to national security, government may be forced to ban access to Facebook, Google and other sites.

Should Social Media be Banned? Malaysia’s Government has proposed new legislation to combat “Fake News”. Anti-Fake News Bill Carries Heavy Fines and up to 10 -year Jail Term!

What is the Real Problem with Social Media? Proliferation of Sites Increase in Fake News and Libel Growing Public Concern Questions: Ban/Save it?

First of all, the Internet we all want Freedom of Expression No Censorship or Surveillance No Hate or Violence Respect for Rights Safe Internet A Force for Good Internet Watch Society March 2018

• Lord Wensleydale (then Parke B. ) in Parmiter v. Coupland (1840) 151 ER 340, 341 -342. • “A publication, without justification or lawful excuse, which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule. ” Case Law Examples Classical Definition Defamation is clearly the issue with social Media • Cropp v. Tilney [1693] 3 Salk 225 • Villers v. Monsley (1769) 2 Wilson 403 • • Scott v. Sampson (1882) 8 Q. B. D. 491 • Sim v. Stretch [1936] 2 All E. R. 1237

• Justification - truthful Justification statement; • Fair Comment - view of a reasonable person; • Privilege – statements Privilege made in Parliament; or • Fair Reports made in Public Interest. Possible Remedies: Allowable Defences: Defamation Law continued • Common remedies: • Libel (recorded statement): Libel damages can be awarded without financial loss; • Slander: (unrecorded statement) requires proof of actual damage suffered; • Tort: Limited to protection of reputation, as quantified in financial damages.

Defamation Law in Zambia Defamation Act Chapter 68 of the Laws of Zambia (27 th November 1953) No statutory definition of defamation Silent as to what amounts to defamation Definitions found in section 191 & 192 of the Penal Code (misdemeanour termed “libel”) and in in Case Law Case Held Rodger Chitengi Sakuhuka vs. Sassassali Nungu, and others (2005) Z. R. 39 (S. C) “Libel: Publication of a matter, conveying a defamatory imputation as to a person's character, officer or vocation”. Sata vs. Post “To call a politician and a minister a Newspapers Ltd and political prostitute is clearly Another High Court defamatory”. 13 th February 1995 (unreported case) Mwanza vs. Zambia Publishing Company Limited (1981) Z. R. 234 “Imputation which injures reputation in business, employment, calling or office is defamatory. ” Isaac R. C. Nyirenda vs. Kapiri Glass Products Limited “Calling one incompetent is defamatory because of the injury to his reputation in his trade,

Defamation Law in Zambia Continued Further Zambian Case Law Definitions Cobbet-Tribe v Zambia Publishing Co. Ltd [1973] ZR 9 Kapwepwe v Zambia Publishing Co. Ltd [1978] Z. R. 15 Robert Mataka v Lloyd Himaambo and the Zambian Watchdog 2006/HP/0769 Zambia Publishing Co Ltd v Eliya Mwanza (1979) Z. R. 76 (S. C. ); Conclusions * Zambia has a small number of civil defamation cases. * Very small damages awarded. * Courts have upheld common law principles. * Central theme has been the quantum of damages as opposed to prescribing principles of defamation.

Cyber Defamation Definition: Liability: Case Law: • Publication or broadcasting of any libelous statement on the Internet. Generally no liability for a website owner as long as: • He didn’t make the statement; • Was not aware of statement; and • Removed it when brought to his attention. • Cubby -v- Compu. Serve 776 F. Supp. 135 (S. D. N. Y. 1991 ) • Stratton Oakmont -v- Prodigy [1995] • Loutchansky v Times Newspapers [2002] 1 All ER 652; • Godfrey v Demon Internet Limited, [2001] QB 201

Cyber Defamation Continued Problems of traditional publishing and defamation are compounded by the large, accessible, cheap, transnational nature of the Internet Libel: Balancing freedom of expression and defamation is difficult in the Internet era Perception: Law of libel has been transformed by its application to the new electronic highway Jurisdiction: Where defamatory statements cross national boundaries Enforcement: Judgments must still be recognised and enforced in the defender’s residence

So Should Social Media be Banned?

Self Remedy Tips. .

Be Cyber Smart Be nice! Mean behavior is just as unacceptable in the virtual world as it is in the real world. Treat others with respect and courtesy. Never post hurtful or embarrassing messages about others. Think twice before hitting "enter. " Remind yourself that what you post can be used against you. For example, letting the world know that you are off on vacation or posting your home address gives would-be robbers a chance to strike. Don't "friend" strangers. "If you don't know them, don't friend them. " This is a plain, simple — and safe — rule of thumb.

Some Closing Remarks Online anonymity reduces the success rate of identifying social media abuse perpetrators but we can still do the following: 1) Amend Zambian Defamation Act to bring it in line with the current challenges; jurisdiction, choice of law and enforcement; 2) Enact a Data Protection Law to supplement the revised Defamation Act; and 3) An African Convention/Treaty, through the existing institutional frame work of the AU, would tremendously assist in combating online libel.

Thank You!