UCalgary researcher Dr. Emily Laidlaw examines the current laws that apply to online abuse and explores legal reforms that could better tackle the harm involved. Laidlaw discusses: - The line between free speech and other rights such as privacy and reputation. - The ways that social media platforms have sought to regulate through their terms and conditions. - The ways you can protect yourself or assert your rights under the law. To learn more about research-based insights on Safe Spaces, visit ucalgary.ca/explore/safespaces.

1.
Internet
and
the
law:
protec0ng
yourself
against
online
abuse
Dr.
Emily
Laidlaw
Faculty
of
Law
University
of
Calgary
June
21,
2016

2. Emily
Laidlaw
• Assistant
professor
• Researches
in
the
areas
of
informaEon
technology,
copyright
and
media
law,
human
rights
and
corporate
social
responsibility
• Has
a
parEcular
interest
in
the
regulaEon
of
intermediaries
and
the
human
rights
impact
of
new
technologies

3. Outline
• The
Problem
• The
Law
• RegulaEon
by
Social
Networking
Providers
(SNPs)
• How
to
Protect
Yourself

4. The
Problem

5. What
is
Happening?
Doxed
SWATTed
Revenge
pornography
Cyber-­‐flashing
Threats
Mob
JusEce
Harassment
Stolen
idenEEes
Stalking
Blackmail
Offensiveness
Hate
Speech
Shaming
Invasions
of
Privacy
Lies

6. Bullying
What
is
bullying?
“[B]ehaviour
that
is
intended
to
cause,
or
should
be
known
to
cause,
fear,
inEmidaEon,
humiliaEon,
distress
or
other
forms
of
harm
to
another
person’s
body,
feelings,
self-­‐
esteem,
reputaEon
or
property.”
Respec&ul
and
Responsible
Rela0onships:
There’s
No
App
for
That:
The
Report
of
the
Nova
Sco0a
Task
Force
on
Bullying
and
Cyberbullying
(2012).
See
AB
v
Bragg
Communica0ons
Inc,
2012
SCC
45,
para
20

7. Bullying
Rehtaeh
Parsons
Amanda Todd
Photo
source:
Wikepedia

8. Bigotry
Anita
Sarkeesian
Photo
source:
The
Verge
Caroline-­‐Criado
Perez
Photo
source:
The
Mirror
Zoe
Quinn
Photo
source:
gamesindustry.biz

9. Gossiping

10. Vigilantes
Vigilan0sm

11. Free
Speech
• American
approach
to
free
speech
is
the
marketplace
of
ideas
• Greater
regulaEon
in
Europe
and
Canada
ie
hate
speech
• How
to
deal
with
offense?
Offensive
jokes?

12. Free
Speech
Eli0sm
“Free
speech
eliEsm
is
the
pretense
that
“everyone”
shares
equally
in
the
costs
and
benefits
of
unfehered
expression,
when
in
reality
the
powerful
receive
the
benefits
while
the
marginalized
bear
the
costs.
Free
speech
eliEsts
urge
“tolerance”
for
toxic
expression
because
they
know
the
burden
of
this
tolerance
will
not
fall
on
them.”
Mary
Ann
Franks
(2014)

13. Some
Stats
• 40%
have
been
harassed
online
(Pew)
• 73%
have
witnessed
harassment
online
(Pew)
• 66%
on
social
networking
(Pew)
• Men
are
more
likely
than
women
to
be
harassed
ie
name
calling,
but
the
more
severe
harassment
(stalking,
sexual
harassment,
physical
threats
etc.)
are
against
women.
(Pew)
• 70%
of
stalking
are
against
women
(US
JusEce
Department)
• Over
90%
of
revenge
pornography
target
women
(Citron)
• 76%
of
women
under
30
have
experienced
online
abuse
(Norton)

14. The
Law

15. The
Various
Laws
Criminal
Code
• InEmate
Images
• Harassment
• Hate
Speech
Civil
• Privacy
• DefamaEon
• Employment
Terms
and
CondiEons
• OpEons:
• Criminal
prosecuEon
• Civil
case
• Seek
takedown
of
content
from
host
• If
in
a
school
context,
resoluEon
through
school
• More
difficult:
stopping
the
mob

16. Criminal

17. In0mate
Images
PublicaEon,
etc.,
of
an
inEmate
image
without
consent
162.1
(1)
Everyone
who
knowingly
publishes,
distributes,
transmits,
sells,
makes
available
or
adverEses
an
inEmate
image
of
a
person
knowing
that
the
person
depicted
in
the
image
did
not
give
their
consent
to
that
conduct,
or
being
reckless
as
to
whether
or
not
that
person
gave
their
consent
to
that
conduct,
is
guilty
(a)
of
an
indictable
offence
and
liable
to
imprisonment
for
a
term
of
not
more
than
five
years;
or
(b)
of
an
offence
punishable
on
summary
convicEon.

18. Child
Pornography
DistribuEon,
etc.
of
child
pornography
163.1(3)
Every
person
who
transmits,
makes
available,
distributes,
sells,
adverEses,
imports,
exports
or
possesses
for
the
purpose
of
transmission,
making
available,
distribuEon,
sale,
adverEsing
or
exportaEon
any
child
pornography
is
guilty
of
an
indictable
offence
and
liable
to
imprisonment
for
a
term
of
not
more
than
14
years
and
to
a
minimum
punishment
of
imprisonment
for
a
term
of
one
year.

19. Criminal
Harassment
What
cons0tutes
criminal
harassment?
264
(2)
(a)
repeatedly
following
from
place
to
place
the
other
person
or
anyone
known
to
them;
(b)
repeatedly
communica0ng
with,
either
directly
or
indirectly,
the
other
person
or
anyone
known
to
them;
(c)
besepng
or
watching
the
dwelling-­‐house,
or
place
where
the
other
person,
or
anyone
known
to
them,
resides,
works,
carries
on
business
or
happens
to
be;
or
(d)
engaging
in
threatening
conduct
directed
at
the
other
person
or
any
member
of
their
family.

20. Criminal
Harassment
Recent
case:
• R
v
EllioK,
2016
ONCJ
35
Involving
poli0cians
• ConvicEon
of
Damany
Skeene
for
harassment
of
MP
Michelle
Rempel
2015
• Complaints
of
MLA
Deborah
Drever

21. Hate
Speech
• Only
opEon
is
criminal
prosecuEon
under
S.
318-­‐319
Criminal
Code
for
public
incitement
of
hatred
or
wilful
promoEon
of
hatred
• No
complaint
possible
under
human
rights
legislaEon:
• s.
13
hate
speech
provision
in
the
Canada
Human
Rights
Act
repealed

22. Mob
Persecu0on
• “I
remember
sipng
in
my
flat,
watching
all
these
threats
roll
in,
and
it
was
horrifying,
uherly
shocking
and
scary.
I
didn’t
know
who
these
people
were
and
what
they
were
capable
of.
It
was
relentless.”
Caroline
Criado-­‐Perez
• “I
felt
like
every
layer
of
my
skin
and
my
idenEty
were
ripped
off
of
me
in
’98
and
’99,”
she
tells
me
now.
“It’s
a
skinning
of
sorts.
You
feel
incredibly
raw
and
frightened.
But
I
also
feel
like
the
shame
sEcks
to
you
like
tar.”
Monica
Lewinsky

23. Criminalizing
offence?
Cau0onary
Tale:
Chambers
v
DPP
Paul
Chambers:
15
January
2010
“Crap!
Robin
Hood
airport
is
closed.
You’ve
got
a
week
and
a
bit
to
get
your
shit
together
otherwise
I
am
blowing
the
airport
sky
high!”
Criminalize
“low
level
speech”
(Jacob
RowboYom)
Communica0ons
Act
Malicious
CommunicaEons
Public
Order
Act
ProtecEon
from
Harassment
Act
etc.

24. Criminalizing
bullying
–
is
it
effec0ve?
• Most
experts
agree
that
criminalizing
most
bullying
is
not
effecEve
• MulE-­‐prong
approach
• EducaEon
• Does
criminalizing
cyber-­‐bullying
help
prevent
bullying
of
kids?
• Experts
fear
kids
won’t
report
as
don’t
want
to
make
a
big
deal
out
it
• No
deterrence
value
if
kids
don’t
know
the
law
• BUT,
seemingly
limited
reach
of
schools
outside
the
school
yard

25. Civil

26. Streisand
Effect

27. Defama0on
“DefamaEon
is
a
publicaEon
of
an
untrue
statement
about
a
person
that
tends
to
lower
his
reputaEon
in
the
opinion
of
‘right-­‐thinking
members
of
the
community’”
Lord
Atkin

28. Defama0on
and
Social
Media
1. If
you
want
the
content
taken
down,
contact
the
poster
directly
(maybe,
beware
trolls),
or
contact
the
host
2. If
the
host
refuses
to
take
down
the
content,
you
may
have
a
cause
of
acEon
against
the
host,
if
the
host
is
Canadian-­‐based
3. If
the
host
is
American-­‐based,
you
will
not
have
a
cause
of
acEon,
nor
will
you
likely
be
able
to
enforce
a
Canadian
judgment
4. Note
the
problems
of
anonymity
5. Cost
6. Search
results:
contact
Google
for
delisEng

29. Defama0on
and
Social
Media
Pritchard
v
Van
Nes,
2016
BCSC
686:
liable
for
comments
of
friends
on
Facebook
(see
my
post
on
ablawg.ca
for
more)
Baglow
v
Smith,
2015
ONSC
1175:
comments
online
and
off
aren’t
treated
differently
Crookes
v
Newton,
2011
SCC
47:
no
liability
for
mere
provision
of
hyperlinks

30. Privacy
• If
private
picture
posted
of
you
without
your
consent:
• Contact
the
host
for
content
removal.
• Sue
for
invasion
of
privacy:
• Intrusion
on
seclusion;
• Disclosure
of
embarrassing
facts;

31. Online
Shaming
and
Humilia0on
• Privacy,
whether
in
law
or
otherwise,
needs
to
beher
account
for
public
humiliaEon
• Raises
issues
of:
• Privacy
as
protecEon
of
dignity
versus
autonomy
• Privacy
in
public
• The
social
dimension
of
privacy

32. Employment
Law
• See
David
Mangan,
“A
Platorm
for
Discipline:
Social
Media
Speech
and
the
Workplace”,
available
on
www.ssrn.com
1. Employment
law
broadly
accepts
potenEal
harm
to
business
reputaEon
as
jusEficaEon
for
terminaEon
or
discipline
2. Social
media
policies
ouen
are
broadly
draued
so
that
any
social
media
use
that
reflects
poorly
on
the
company
can
lead
to
discipline
• ConsideraEons
in
Canada:
• Privacy
sepngs
• Sustained
rant
or
one-­‐off
• Look
for
something
more
than
griping
• Toxic
comments
• Acknowledgement
of
wrongdoing

33. Terms
and
Condi0ons

34. Facebook
Policies
Facebook
Community
Standards:
“We
allow
you
to
speak
freely
on
mahers
and
people
of
public
interest,
but
remove
content
that
appears
to
purposefully
target
private
individuals
with
the
intenEon
of
degrading
or
shaming
them.”
• Ban
ie.
• Hate
speech
• Revenge
pornography
• Process:
• Report
abuse
link
• EducaEon
space
• Social
reporEng

35. TwiYer
Policies
• Previous
Abusive
behaviour
policy:
“Twiher
does
not
screen
content
and
does
not
remove
potenEally
offensive
content
unless
such
content
is
in
violaEon
of
the
Twiher
Rules
and
Terms
of
Service.”
• Now:
“We
believe
in
freedom
of
expression
and
in
speaking
truth
to
power,
but
that
means
lihle
as
an
underlying
philosophy
if
voices
are
silenced
because
people
are
afraid
to
speak
up.
In
order
to
ensure
that
people
feel
safe
expressing
diverse
opinions
and
beliefs,
we
do
not
tolerate
behavior
that
crosses
the
line
into
abuse,
including
behavior
that
harasses,
inEmidates,
or
uses
fear
to
silence
another
user’s
voice.”

36. TwiYer
Policies
• The
following
might
lead
to
temporary
blocking
of
accounts
or
permanent
suspension:
1. Violent
threats
2. Harassment
3. Hateful
conduct
(restricted
to
promoEon
of
violence,
threats
or
direct
ahacks)
4. MulEple
Accounts
5. Private
informaEon
(including
inEmate
images)
6. ImpersonaEon
7. Self-­‐harm

37. Assessment
of
Complaint
Mechanisms
• Pros
-­‐ Cheap
-­‐ Fast
-­‐ TransnaEonal
• Cons
-­‐ First
Amendment
based
-­‐ Lack
of
transparency
-­‐ Lack
of
robust
complaints
mechanism

38. How
to
Protect
Yourself
Online

39. How
to
Protect
Yourself
Online
Your
Conduct
Online
1. Be
kind
2. Consider
your
audience.
Don’t
say
anything
online
that
you
wouldn’t
want
your
employer
to
see
3. Check,
re-­‐check
your
privacy
sepngs
4. If
you
are
abused
online,
it
is
not
your
fault

40. How
to
Protect
Yourself
Online
If
you
are
abused
online
1. If
you
have
been
threatened,
stalked,
harassed,
or
inEmate
images
of
you
shared,
contact
the
police
2. If
you
are
a
minor,
and
this
involves
people
in
your
school
or
community
organizaEon,
contact
your
school/organizaEon.
Talk
to
your
parents
or
another
trusted
adult
3. If
appropriate
in
the
circumstances,
tell
the
person/people
to
stop
the
abuse
4. Report
the
abuse
to
the
content
host
to
(a)
have
it
removed
and
(b)
discipline
the
user
5. Report
the
abuse
to
Google
to
potenEally
remove
from
search
results
6. Scrub
the
content
from
search
results
ie
hhps://www.reputaEon.ca

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