1. Internet Messaging Legal Problem: Defamation – If you post defamatory statements through Internet messages, 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 libel and slander. A defamatory statement is one that degrades a person’s reputation in the minds of right-thinking members of society, or causes them to be shunned or avoided.
Libel refers to libel in writing, pictures, broadcast or published works, and tends to be permanent, although in England libelous statements made on stage 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 under 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 actionable without the need to prove damages, while slander requires the person being slandered to prove special damage in order to succeed in an action.
There are four exceptions to the above rule in relation to slander where a person can sue if they have been slandered without proving that they have been harmed. The first is when statements have been published accusing a person of committing a crime that can lead to a prison sentence. The second situation is when statements have been made that a person has a serious contagious disease. The other two categories include suggesting that a person may not conduct her trade or business or making statements that he is sexually impure.
The victim in the above slander cases need only 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 through the Internet you can potentially expose yourself to the defamation laws of any jurisdiction and the person who has been defamed can try to sue you in the courts of your country. Whether they can actually do so 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, they could face potential liability for defamation.
Instant messages are similar to other electronic communications such as e-mail, forum postings, bulletin boards, Usenet groups, and Web sites, except that the latter are sent through a host computer and stored on an external medium. tangible permanent until modified or removed. If they are defamatory in nature, they would constitute libel. Conversely, a communication made via 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 phone 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 instantaneous and interactive, resemble the legal nature of telephone communications, although when affixed to a tangible medium such as an attachment and exposed to a wider audience, they could also constitute defamation.
The user posting a libelous 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 problems for defamation. It is possible to save a text conversation that occurs via Internet messaging (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 can 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 engaging in Internet messaging with has a reasonable expectation of privacy and believes that you are only engaging in IM with one person, you may face potential legal issues. . There is no defense of the truth by 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 in the same manner as emails and other electronic records for discovery purposes. Instant messages (IM) are treated the same as emails under the discovery laws of most jurisdictions. A user may face legal problems 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 through 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 Harassment and Stalking
An online instant messaging user may become a victim of cyberbullying, stalking, or misuse of telecommunications networks, which may constitute a criminal offence. Employers and individuals should protect themselves from the legal problems of IM being used inappropriately. The same goes for other electronic communications, although instant messaging (IM) is arguably more susceptible to misuse involving cyberbullying, 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 it from sending any more offensive messages. Just like email, those using instant messaging can still try to communicate with the user by changing screen names. This Internet communication medium enables direct, real-time communications between employees and corporations without giving much thought to the legal issues that might arise when writing acceptable use policies for email. These systems are considered even more informal in nature than email, making them a more susceptible tool to be misused for sexual harassment, cyber-bullying, and other offensive communications.
Legal issues surrounding the use of IM were widely publicized when former Congressman Mark Foley was found to have sent sexually explicit instant messages (IMs) to people under the age of 18 and internal pages from his congressional office personal computer. The scandal raised concerns about legal issues and warnings about the legal consequences of inappropriate Internet messages. Companies have a legal responsibility under workplace occupational safety and health laws to provide a safe work environment that is free from harassment, discrimination, and other illegal conduct. An organization needs instant messaging (IM) management tools to deal with the legal issues raised by the use of Internet instant messaging in the corporate environment. A survey conducted in 2007 revealed that 30% of the participants had been recipients 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 conduct phishing attacks and circulate computer virus attachments. Instant Message Security Center logged more than 1,100 security attacks over a three-year period. Viruses, Trojans, and spyware can spread rapidly through the Internet messaging friends list of infected users. Instant Messaging (IM) can lead to waste of corporate assets, time and resources when abused by employees engaging in social interactions during work hours and also due to lack of awareness of the particular security vulnerabilities posed by IMs. Internet messaging systems. Since instant messaging generally 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 security, storage, and retention laws. Business communications in most jurisdictions must be archived and retrievable under regulations. Many organizations may not appreciate the legal issues and requirement to preserve instant messages.
5. Internet Messaging Legal Issues: Leakage of 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 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 problems associated with instant messaging.
The advent of web 2.0 and social networking sites has created legal problems similar to those associated with instant messaging facilities. It is important for individuals and businesses to focus on the unique legal issues and risks posed by this medium of communication, in addition to the broader issues associated with the use of electronic data.