Smart Law Resource Social Media and the Law

Smart. Law Resource ● Social Media and the Law Northern Ireland

Social Media and the Law Lesson objectives • Consider different types of online behaviour and whether they are acceptable or not • Understand the possible offences that can be committed online and apply these to case studies • Explore the importance of freedom of expression in social media © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law What is social media? Can you name some examples? Social media: websites, virtual communities, networks and applications which allow those who use them to share information and network with other users. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social media usage quiz Facebook is now used by half the world’s online users A True B False © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social media usage quiz What percentage of adults in the UK use a smartphone? A 52% B 32% C 62% D 82% © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social media usage quiz Which social media site is used by a third of social networkers? A Linked. In B Twitter C Snapchat D Whats. App © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social media usage quiz Facebook makes money from selling your personal data to third parties A True B False © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social media usage quiz You can be prosecuted for something you post on Twitter A True B False © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social media usage quiz Snapchat photos cannot be saved A True B False © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law What do you think? A B A senior sports chairman Tweets that the captain of a national cricket team has been fixing matches. Two members of the public post and circulate pictures of two murderers online despite there being a court ban on publishing anything revealing their identity. C D A pop star’s manager tweets, upon hearing that the pop star won’t be nominated this year for a Grammy, that ‘the Grammys have blown it big time. ’ Acceptable A frustrated man posts on Facebook that he will ‘blow up’ his local airport, after his flight is cancelled due to snow. © Citizenship Foundation 2016 • Charity Reg. No. 801360 Not Acceptable

Social Media and the Law What do you think? E F A juror contacts the defendant in the trial she is sitting on by Facebook. A man posts images on Facebook and You. Tube which mock people who have committed suicide. G H A boy of 15 posts a racist Tweet about a footballer. A Welsh football player posts a homophobic message about an Olympic diver Acceptable Not Acceptable © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law What do you think? Case Studies © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law What’s the offence? Do you think the people in the case studies have broken the law? Why? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social Media Offences Grossly Offensive Comments under the Malicious Communications (NI Order) 1988 In other words, this is saying very outrageous and nasty things about a sensitive issue. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social Media Offences Defamation is when someone makes comments that are untrue or unjustified, which are damaging to a person’s reputation. Defamation is broken down into: Libel Written comments © Citizenship Foundation 2016 • Charity Reg. No. 801360 Slander Spoken comments

Social Media and the Law Social Media Offences Threats under the Communications Act 2003 Writing ‘menacing electronic communication’. In other words, writing something that might scare someone and make them think you are going to hurt them. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social Media Offences Contempt of Court Contempt of court covers any actions which undermine or could undermine the course of justice and the procedures designed to deal with them. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Social Media Offences Your task is to work your scenario cards into the following offences: No Grossly Defamation Threats Contempt Offence Disappointed Pop Star offensive comments of Court Match Fixing Accusation Homophobic Tweet Revealing Identities Mocking Images Racist Tweet © Citizenship Foundation 2016 • Charity Reg. No. 801360 Airport Threat Jury Contact

Social Media and the Law Matching activity Case A: Match Fixing Accusation B: Revealing Identities Outcome 1. Jailed for eight months 2. Damages (Money) £ 90, 000 3. None C: Disappointed Pop Star D: Jury Contact E: Airport Threat F: Mocking Images © Citizenship Foundation 2016 • Charity Reg. No. 801360 4. Jailed for 18 weeks 5. Found not guilty on appeal to the High Court. Originally found guilty and fined £ 385. 6. Nine month jail sentence suspended for 15 months

Social Media and the Law Protecting Freedom of Expression What does ‘freedom of expression’ mean? Freedom of expression is a human right under Article 10 of European Convention on Human Rights, as incorporated into law in Northern Ireland through the Human Rights Act 1998. This right allows us to make almost any comments we want no matter how rude or upsetting. This includes expression through writing and images, published or broadcast. The European Convention on Human Rights through the Human Rights Act however does put some limits on freedom of expression such as hate speech and threats to national security. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Protecting Freedom of Expression Discuss the arguments on the worksheet and decide whether each is ‘for’ or ‘against’ being able to restrict social media © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Plenary • What types of online behaviour might lead to you being taken to court? • When do you think people are most likely to be taken to court for posts they make? • What surprised you the most from what we discussed today? • Is there anything we discussed that you totally agree/disagree with? Tweet us your most important piece of advice for consumers! @Smart. Law. CF using the hashtag #Smart. Law or leave a comment on our Facebook page, Smart. Law – Citizenship Foundation © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Extension © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Tom Daley Twitter cases We are now going to read and discuss some more real life examples of offensive comments on social media relating to Olympic diver Tom Daley © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Case One 1. What is meant by the term ‘troll’? 2. Why do you think the teenager posted this comment 3. Do you think he should have been taken to court? Why/Why not? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law Case Two 1. What do you think the difference is between ‘offensive’ and ‘grossly offensive’? 2. Why do you think it mattered that the footballer in the second case meant his comments as a joke for only his friends and family to see and that he took them down quickly? 3. Why do you think he was fined by the Football Association Board? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Social Media and the Law DPP Guidelines 1. What do you think is meant by the term ‘serious harm’? 2. What do you think is meant by a ‘substantial campaign of harassment’? 3. Why do you think the decision was made not to take trolls that post one-off Tweets to court?