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Think before you tweet: Two-thirds of Twitter users ‘unaware’ of legal risks

By | November 2, 2011, 10:48am PDT

Summary: Research suggests that most UK Twitter users, which operate under strict libel and defamation laws, are ‘unaware’ of the legal risks associated with posting online content.

From gagging orders to inciting rioting, and libel suits and defamation, Twitter can be a minefield for legal implications, according to new research.

Amid the super-injunction controversy earlier this year, 68 percent Twitter users in the UK have “little or no awareness of their legal responsibilities”, law firm DLA Piper found.

Britain’s libel law is of a particular concern, something that came to light earlier this year, when thousands of Twitter users defied a court-ordered injunction by publishing and retweeting the names of celebrities who had taken legal measures to protect aspects of their private lives.


(Source: Flickr, CC)

Out of the 2,095 adult web users surveyed, the results showed that websites are not as moderated as once were, with 6 percent of respondents saying that they have had a comment removed from social media sites, compared to 14 percent in 2008.

Also, with citizen journalism on the rise, using public sites like Twitter to contribute to the news collective, just over a third thought that users should be held to the same standards as journalists on social media outlets.

If this is the case, why are so many then going on to break libel law or court orders, when journalists must often refrain from publishing or broadcasting potentially harmful or damaging content?

Super-injunctions are a very British invention. The news that court-issued gagging orders could prevents the disclosure of information, but also the very fact an injunction has been taken out, rose to infamy earlier this year, when footballer Ryan Giggs gagged the entirety of Britain, without the general population even being aware of it.

One of the problems with super-injunctions, simply put, is that bar a very select few — including lawyers, courtroom staff and the person whose privacy is held in the balance — nobody knows about the gagging order.

As the issue of freedom of speech in the UK has always, particularly in recent times, been a controversial topic, it takes only one anonymous Twitter user to break the silence, and the word can be spread virally in minutes.

Twitter, though now operating under UK law since the opening of a London office, it continues to highlight the need that “the tweets must flow”. Yet, if the tweets do flow and one unwittingly or knowingly breaks a super-injunction, that person can find themselves in contempt of court.

Suffice to say, it can carry a penalty of two years in prison.

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Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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RE: Think before you tweet: Two-thirds of Twitter users 'unaware' of legal risks
rxantos 3rd Nov
Then again, is not slander if what you say is true, or you have reason to believe is true.

The weight of proving is in the lawsuit initiator.
- Prove that what I say is not true.
- Prove that I have no valid reason to believe what I said.
- Prove that I have the intention of causing you harm.

Difficult to prove, impossible if you got a good liar (err, lawyer).
0 Votes
+ -
Between this article and the Apple-Facebook article. A common thread eh? Don't assume what you post online cannot get you into BIG trouble. Maybe there is hope for you Gen Y'ers yet.
0 Votes
+ -
LOL!
spdragoo@... 2nd Nov
@oncall

"What are those words, 'responsible' & 'accountable'? I've never heard of them before..."

"What do mean, you're holding me responsible for what I tweeted! It was just online, dude, it wasn't like I said it to their face!"
I can't wait to violate some dirtbags privacy
0 Votes
+ -
Funny this....
Tholian_53 3rd Nov
Funny how these folks think they can put this polished and suave facade up to the public while desperately trying to cover up all those pesky and inconvenient little "mistakes" they made which, literally, punch holes in their public persona with the connivance of government and law.
All so they can continue to be dirtbags while telling the world that they aren't.
Good work, Britain....
Then again, is not slander if what you say is true, or you have reason to believe is true.

The weight of proving is in the lawsuit initiator.
- Prove that what I say is not true.
- Prove that I have no valid reason to believe what I said.
- Prove that I have the intention of causing you harm.

Difficult to prove, impossible if you got a good liar (err, lawyer).

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