1. Internet Messaging Legal Issue: Defamation – If you post defamatory statements via Internet messaging, you may face legal problems for civil defamation and, in some countries, criminal liability. Defamation is wrong, or wrong legally. It is a general term that is used all over the world, but in some countries it can be divided into two categories, defamation and slander. Australia has abolished the distinction between defamation and slander. A defamatory statement is one that degrades a person’s reputation in the minds of right-minded members of society, or causes them to be shunned or avoided.
Libel refers to libel in written, image, broadcast or published works, and tends to be on a permanent basis, although in England libelous statements made in the theater are treated as a form of libel. Slander refers to defamation that occurs through speech, sounds, sign language, or gestures; generally communications of a more transitory or ephemeral nature. It is not always an easy task to assess whether a communication falls into the category of defamation or slander. However, there is an important legal distinction between libel and slander where the distinction is maintained. Insult is legally prosecutable without the need to prove damages, while slander requires the slandered person to prove special damages in order to prosper in an action.
There are four exceptions to the above rule regarding slander where a person can sue if they have been slandered without proving that they have suffered harm. The first is when statements have been released accusing a person of committing a crime that can lead to a prison sentence. The second situation is when claims have been made that a person has a serious contagious disease. The other two categories include suggesting that a person may not carry on her trade or business or making statements that he is sexually impure.
The victim in the above slander cases only needs to prove that a statement has been published. In Commonwealth countries, the publication of a defamatory statement takes place when the statement is first perceived by a third party. This means that via the internet you can potentially expose yourself to the defamation laws of any jurisdiction and the person who has been slandered can try to sue you in the courts of your country. Whether they can actually do it depends on several factors.
When engaging in instant messaging, it’s easy to forget that you could face legal trouble if you commit libel. The victim only needs to show that their internet message was posted to a third party for you to face legal trouble if the statement was defamatory or falls into one of the above categories. If the victim was alone at the time the statement was received, this would not give rise to legal problems; however, if a third party was present when the instant message was transmitted, you could face potential defamation liability.
Instant messages are similar to other electronic communications such as email, forum postings, bulletin boards, Usenet groups, and websites, although the latter are sent through a host computer and stored on a medium tangible permanent until they are changed or removed. If they are defamatory in nature, they would constitute slander. Conversely, a communication made using instant messaging (IM), Internet Relay Chat (IRC), or video messaging would likely constitute slander, since the user who has engaged in Internet messaging is engaged in instant synchronous communication. in real time, analogous to a telephone call. The only difference is that Internet messaging technology can now involve the transmission of text, graphics, files, video, and/or audio. These communications, being instant and interactive, resemble the legal nature of telephone communications, although when posted on a tangible medium as an attachment and exposed to a wider audience, they could also constitute defamation.
The user who posts a slanderous statement via Internet messaging (IM) may believe that there are no legal issues that are different from ordinary email or other use of the Internet. However, the user posting a communication via instant message is likely to create potential legal issues for defamation. It is possible to save a text conversation that occurs via Internet messages (IM), since the messages are recorded in a local message history and can be retrieved.
2. Internet Messaging Legal Issues – Invasion of Privacy – Public Disclosure of Private Facts
Even if you send an Internet message (IM) that is not defamatory, you may still face legal trouble in some jurisdictions for invasion of privacy or breach of trust. Legal issues will depend on the laws of the jurisdiction, however, if the person you are engaged in Internet messaging with has a reasonable expectation of privacy and believes that they are only engaged in IM instant messaging with one person, they may face possible legal problems. . There is no defense of the truth for invasion of privacy. There may be potential legal issues if a victim can establish that you have engaged in unreasonable disclosure of private facts through your Internet Messaging (IM).
Instant messaging (IM) chat transcripts fall within the legal definition of electronically stored information (ESI) and are therefore treated the same as emails and other electronic records for discovery purposes. Instant messages (IM) are treated the same as email under the discovery laws of most jurisdictions. A user may face legal trouble if the records are subpoenaed by the person alleging an invasion of privacy or other legal error, and requesting that the third party present testify that they were present when the instant message (IM) was sent. . Many people who use text or instant messages mistakenly assume that if their messages are sent via instant messages or sent to a mobile phone, they are deleted once they are transmitted. However, most service providers keep a record of text messages and instant messages for one to three months after they are exchanged.
3. Internet Messaging Legal Issues: Cyber Bullying and Stalking
An online instant messaging user can become a victim of cyber bullying, stalking, or misuse of telecommunication networks, which can constitute a criminal offence. Employers and individuals need to protect themselves from legal issues from inappropriately used instant messaging. The same is true of other electronic communications, although instant messaging (IM) is arguably more susceptible to misuse involving cyber bullying, discrimination, online hate speech, intimidation and stalking due to its immediate, informal and intrusive nature. A user needs to know how to protect themselves by reporting abuse of instant messaging technology and know how to block them from sending more offensive messages. Like email, those who use instant messengers can still try to communicate with the user by changing screen names. This means of Internet communication allows for direct, real-time communications between employees and corporations without giving much thought to the legal issues that might arise from writing acceptable use policies for email. These systems are considered to be even more informal in nature than email, making them a more susceptible tool to misuse for the purposes of sexual harassment, cyberbullying, and other offensive communications.
Legal issues related to IM use were widely publicized when former Congressman Mark Foley was found to have sent sexually explicit instant messages (IMs) to people under 18 and inside pages from his congressional office personal computer. The scandal raised concerns about legal issues and warnings about the legal consequences of inappropriate Internet messages. Businesses have a legal responsibility under workplace occupational health and safety laws to provide a safe work environment free from harassment, discrimination, and other illegal conduct. An organization needs Instant Messaging (IM) management tools to address the legal issues raised by the use of Internet Instant Messaging in the corporate environment. A 2007 survey revealed that 30% of participants had been the recipient of inappropriate instant messaging communications.
4. Internet Messaging Legal Issues – Security Risks and Compliance Risks: Security consultants have described instant messaging (IM) as the preferred method for hackers to carry out phishing attacks and circulate computer virus attachments. Instant Message Security Center recorded more than 1,100 security attacks over a three-year period. Viruses, Trojan horses, and spyware can spread rapidly through the Internet messaging friends list of infected users. Instant messaging (IM) can lead to wasted corporate assets, time and resources when abused by employees who engage in social interactions on the job and also due to a lack of awareness of the particular security vulnerabilities posed by instant messaging (IM). Internet messaging systems. Since instant messaging typically occurs using text, it is more vulnerable to eavesdropping, and since user passwords are stored in text, they are accessible to anyone with physical access to the user’s computer. It is not feasible to encrypt the password in many instant messaging software applications. Also, instant messaging software requires the user to open UDP ports to the world, which enhances security threats. The use of instant messaging (IM) solutions in the workplace raises legal issues in terms of compliance with data retention, storage and security laws. Business communications in most jurisdictions must be archived and retrievable as per regulations. Many organizations may not appreciate the legal issues and the requirement to preserve instant messages.
5. Internet Messaging Legal Issues: Leaking Embarrassing Information, Business Intelligence, or Intellectual Property – Security breaches can mean that a company’s trade secrets/confidential information and intellectual property are vulnerable to being sent over an insecure network and falling into the hands of a competitor. All kinds of embarrassing and sensitive information can be discovered through IM disclosures. Like email communications and other electronic records, Internet messaging can lead to the discovery of embarrassing corporate secrets and valuable business intelligence; however, employers have been slower to recognize the legal issues associated with instant messaging.
The advent of web 2.0 and social networking sites has created legal issues similar to those associated with instant messaging facilities. It is important that individuals and businesses focus on the unique legal issues and risks posed by this means of communication, in addition to the broader issues associated with the use of electronic data.