Law and the Tweeternet

by Aaron Ho (Entry #1)

Law and the Internet have never really mixed very well and this is certainly well-demonstrated by the effects that social networking sites have brought to real life.

I recently cam across an article in CNN.com that talked about the difficulties of applying libel laws to social networking sites like Twitter and Facebook. Apparently, states in the US are currently facing a lot of cases dealing with online defamation. The question, of course, is whether or not current laws are enough to prosecute the authors of these defamatory statements. More importantly, whether or not they should be prosecuted at all?

For me, the appeal of facebook, twitter, and other similar networking sites is the fact that one's thoughts can be "broadcast" publicly over the internet. The possibility that no one will read your blog, tweet, or status message is beside the point. There's just something comforting about the thought that you made your statement/s public - just like shouting your heart out in an open field when you feel angry or some other intense emotion, etc. It is this feeling that makes me want to post again and I guess this also goes for the other "tweeters" or those who actively post in their personal social networking pages/sites.

While the strict application of libel laws to internet posts will certainly prevent the publication or posting of false, misleading, and damaging statements against others, I believe that libel laws as applied to newspapers and other tangible publications should be different from those that will be applied to internet or social networking sites.

After all, posting something in your site isn't really the same as publishing something in a newspaper or magazine or any other similar media. The ease by which the other party can refute or reply to the statement is also a factor in relaxing libel laws when it comes to sites like twitter, facebook, etc. That most people merely post their personal opinions about something on their sites is also another factor to consider in relaxing libel laws.

In the end, I guess it will take time before the legislature passes laws specifically tailored to defamation in social networking sites. In the Philippines, issues such as the Brian Gorrell issue, the "Korina Sanchez reacting to an ABS CBN employee facebook status message" news, etc. have already brought the online defamation problem into the fore. It's just a matter of time before we have a special law on the matter. For now, intelligent discussion on this subject is a must because this could possibly be the most cited cause of action in the future.