Friday, November 16, 2018

WHAT OFFENCES CAN ONE COMMIT ON SOCIAL MEDIA



By. Rev. Lawrence Sunday Ogwang

Definition of Social Media:


Social media according to Wikipedia, are interactive computer-mediated technologies or platforms that facilitate the creation and sharing of information, ideas, career interests and other forms of expression via virtual communities and networks. Users typically access social media services via web-based technologies on desktops and laptops, or download services that offer social media functionality to their mobile devices. Examples of these social media platforms are: Facebook, Tweeter, Instagram, whatsApp, etc https://en.wikipedia.org/wiki/Social_media
Because of the autonomy involved in the creation and use of these platforms, social media has turned out to be a crime distribution network and a fertile ground for unlawful offences.  According to the Ugandan law, there are very many offences one can commit on social media and here below are some of these offences:

Defamation:
Defamation is the making of a false statement concerning a person or business that damages that person’s or business’s reputation. If a false statement is made and that person or business’s reputation is damaged, there can be legal consequences for the person who made the statement. Defamation applies to both written and oral statements that are published to third parties. Publication includes the posting of material on the Internet. If a defamatory statement is made verbally, it’s called slander. If a defamatory statement is published in writing, it’s called libel.

Impersonation:
Impersonation is to intentionally copy another person's characteristics, such as their behavior, speech, appearance, or expressions, especially to make people laugh or fraud. Or an attempt to deceive someone by pretending that you are another person. This, according to the Ugandan law, is criminal.
 For instance, a famous Ugandan comedian, moving about with the name teacher Mpamire, who acts president Museveni in words, dressing and behavior. If one day he decides to act Muesveni`s voice to attain respect for himself, he would be liable of committing the crime of impersonation.

 Stalking:
Stalking refers to repeated harassing or threatening behavior by an individual, such as following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property.

A good example of this is what happened to the woman MP of Kabarole district Sylivia Rwabwogo who was being stalked by a student named Brian Isiko of YMCA Jinja Branch. On the 6th July 2018, the MP walked to court, pointing an accusing finger to the 25year old student who was consequently jailed for two years by trial magistrate, Ms Gladys Kamasanyu.
Daily monitor.co.ug obtained from (https://www.google.com/am...)

Social engineering attack:
This is getting what you want through wrong means or
deception on a social platform. An attacker uses human interaction (social skills) to obtain or compromise information about an organization or its computer systems. It is a social manipulation of large groups of people to meet political or economic ends. Today, it’s taken on an additional meaning in the cyber security world. For our purposes, social engineering refers to gaining access to information by exploiting human psychology.
 A classic example of this starts with a friend on your network sending you a message asking for a quick loan to get car repairs so he/she can get home for work on Monday, and ends with you finding out a few days later that your friend never needed car repairs and that the person you transferred money to was a scam artist.

Malware:
 Social media or networking offers golden opportunities for virus and malware developers so that users clicking on links, opening attachments, and responding to messages on networks can become victims without knowing it, resulting in adware, viruses, and malware being loaded onto their machines. In December 2010, antivirus developer Sophos reported that 40% of social network users had encountered malicious attacks. These malicious programs are highly detested by the Ugandan law.

Posting videos of criminal activity online:
One of the crimes that users of social media commit knowingly or unknowingly is taking videos of criminal activity and posting them on line. Some criminals are known for boasting about with the crime they have done on social media. Alshabab militias have always fallen into this trap. When they have to kill somebody, many times they have taken video clips of the crime and posting it on the social media. This is an offense according to media law in Uganda because when people watch these clips, they are tempted to do practice it, hence perpetrating the crime.

Online intimidation:
This is sometimes referred to as cyber bulling. It is when someone uses technology to send mean, threatening, or embarrassing messages to or about another person. It might be in a text, e-mail, message, or in a post online. Cyber bullying can be anonymous, which can sometimes make it even worse. It also has a wider audience, and can spread quickly.
 Finally, targets of cyber bullying often feel like they can’t get away from the bullying. If someone is bullying you at school, when you leave for the day it’s over. But cyber bullying can follow you home, and continue all night. It has a horrible effect on the victim.

Selling and buying illegal items online:
Social media is another platform where people can sell and buy things. This is technically called E-commerce. The crime comes in when people begin selling and buying illegal items on line or using any social platform. Example of this can be firearms, narcotic drugs, ivory, gold and many others. Selling and buying illegal items is highly discouraged by the Ugandan law.
Drug laws and drug crimes have gotten lots of attention in the past decade. Laws in every state and country and at the federal level prohibit the possession, manufacture, and sale of certain controlled substances -- including drugs like marijuana, methamphetamine, ecstasy, cocaine, and others.

Posting pornographic materials online:
Pornography is the representation of sexual behavior in books, pictures, statues, motion pictures, and other media that is intended to cause sexual excitement. The distinction between pornography (illicit and condemned material) and erotica (which is broadly tolerated) is largely subjective and reflects changing community standards. The word pornography, derived from the Greek porni (“prostitute”) and graphein (“to write”), was originally defined as any work of art or literature depicting the life of prostitutes.  https://www.britannica.com/topic/pornography

Terrorism:
Terrorists use online platforms and other computer technologies to kill masses in a given period of time using tactics such as pop-up messages on social media that are connected to dangerous bombs. For example;. the July 2010 Kampala attacks were suicide bombings carried out against crowds watching a screening of the 2010 FIFA World Cup Final match at two locations in Kampala, the capital city of Uganda, on 11 July 2010.
The attacks left 74 dead and 71 injured. Al-Shabaab, an Islamist militia based in Somalia that has ties to Al-Qaeda, claimed responsibility for the blasts as retaliation for Ugandan support for AMISOM. In March 2015, the trial of 13 Kenyan, Ugandan and Tanzanian alleged perpetrators of the bombings began at the High Court of Uganda.  Sources confirm that that attacker’s pop-up phone message to one of them destined for suicide.

Hacking and Fraud:
Although logging into a friend's social media account to post an embarrassing status message may be forgivable between friends, it, technically, can be a serious crime. Additionally, creating fake accounts, or impersonation accounts, to trick people (as opposed to just remaining anonymous), can also be punished as fraud depending on the actions the fake/impersonation account holder takes.
  From the above discussed points, we can ultimately say that there are many crimes or offences one can commit on social media. Come are minor others are major. One therefore needs to be careful on what we post and do on social media because any offence committed on these platforms, have legal consequences

What constitutes defamation on social media?
As stated before, defamation is the making of a false statement concerning a person or business that damages that person’s or business’s reputation. If a false statement is made and that person or business’s reputation is damaged, there can be legal consequences for the person who made the statement. Defamation applies to both written and oral statements that are published to third parties. Publication includes the posting of material on the Internet. If a defamatory statement is made verbally, it’s called slander. If a defamatory statement is published in writing, it’s called libel.
There is no defamation law or act that talks about if exhaustively but there are some generally accepted rules according to common law and social media act as to what constitutes defamation. Common law is the system of law which is based on judges` decision and on custom rather than written laws. It is derived from precedents established by the courts. https://en.m.wikipedia.org/
 
 If you believe you have been "defamed," to prove it you usually have to show there's been a statement that is all of the following:
  • Published
  • False
  • Injurious
  • Unprivileged
  • Can be proven or disproven
  • Believed by a reasonable person
Let's look at each of these defamation claim elements in detail.
 First, the "statement" can be spoken, written, pictured, or even gestured. Because written statements last longer than spoken statements, most courts, juries, and insurance companies consider libel more harmful than slander.
 "Published" means that a third party heard or saw the statement -- that is, someone other than the person who made the statement or the person the statement was about. "Published" doesn't necessarily mean that the statement was printed in a book -- it just needs to have been made public through social media, television, radio, speeches, gossip, or even loud conversation. Of course, it could also have been written in magazines, books, newspapers, leaflets, or on picket signs.

 A defamatory statement must be false -- otherwise it's not considered damaging. Even terribly mean or disparaging things are not defamatory if the shoe fits. Most opinions don't count as defamation because they can't be proved to be objectively false. For instance, when a reviewer says, "That was the worst book I've read all year," she's not defaming the author, because the statement can't be proven to be false.

 The statement must be "injurious to a person of reputation" Since the whole point of defamation law is to take care of injuries to reputation, those suing for defamation must show how their reputations were hurt by the false statement -- for example, the person lost work; was shunned by neighbors, friends, or family members; or was harassed by the press. Someone who already had a terrible reputation most likely won't collect much in a defamation suit.

Unprivileged. To qualify as a defamatory statement, the offending statement must be "unprivileged." Under some circumstances, you cannot sue someone for defamation even if they make a statement that can be proved false. For example, witnesses who testify falsely in court or at a deposition can't be sued. (Although witnesses who testify to something they know is false could theoretically be prosecuted for perjury.) Lawmakers themselves also enjoy this privilege: They aren't liable for statements made in the legislative chamber or in official materials, even if they say or write things that would otherwise be defamatory.
Another example, if the statement repeats material from a court proceeding, or other public documents, the statement are privileged. Privileged statements are not subject to liability in a lawsuit. Or if the statement repeats material from a parliamentary proceeding, it’s a court matter.

The statement cannot be an opinion. Statements that cannot be proven to be true or false and are opinion cannot for the basis of a claim for defamation. If a statement can be proven or disproven by objective fact and the statement is false, a person may be liable for defamation.

The statement must be believable by a reasonable person. If one cannot seriously believe the statement was true, it does not constitute defamation.

In conclusion, defamation is a serious crime. Users of social media should take great care on what we say and write on any social platform. There could be other components of defamation meaning that these above are not the only ones.

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