1. Internet Messaging Legal Problem: Defamation – If you post defamatory statements via Internet messages, you may face legal problems for civil defamation and, in some countries, criminal liability. Defamation is a legal wrong or wrong. It is a general term that is used globally, but in some countries it can be divided into two categories, libel and slander. Australia has abolished the distinction between libel and slander. A defamatory statement is one that lowers a person’s reputation in the minds of right-thinking members of society in general, or causes them to be rejected or avoided.
Slander refers to libel in writing, pictures, broadcasting or published works, and tends to be permanent, although in England libelous statements made in the theater are treated as a form of slander. 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 libel or slander. However, there is an important legal distinction between libel and slander where the distinction remains. Defamation is legally actionable without the need to prove damages, while defamation requires the person being slandered to show special damage in order to be successful in an action.
There are four exceptions to the above rule regarding slander in which a person can sue if they have been slandered without proving that they have suffered harm. The first is where statements have been posted accusing a person of committing a crime that can result in prison. 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 cannot carry out his trade or business or making statements that he is sexually impolite.
The victim in the above defamation cases only needs to prove that a statement has been released. In Commonwealth countries, 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 their 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 defamation. The victim only needs to show that their internet message was posted to a third party so that they can find legal trouble if the statement was defamatory or falls into one of the above categories. If the victim were alone at the time the statement was received, this would not lead to legal problems; however, if a third party were present when the instant message was transmitted, you could face possible defamation liability.
Instant messages are similar to other electronic communications such as email, forum posts, bulletin boards, Usenet groups, and websites, although the latter are sent through a host computer and stored on a tangible permanent medium until modify or eliminate. If they are defamatory in nature, they would constitute libel. On the contrary, a communication made by instant messaging (IM), internet relay chat (IRC) or video messaging would probably constitute defamation, since the user who has participated in the internet messaging is involved in an 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. Such communications, being instantaneous and interactive, resemble the legal character of telephone communications, although when fixed on a tangible medium such as an attachment and exposed to a wider audience, they could also constitute defamation.
The user who posts a defamatory statement via Internet messages (IM) may believe that there are no legal problems that are different from ordinary email or other Internet use. However, it is likely that the user who posts a communication via an instant message is creating potential legal problems for defamation. It is possible to save a text conversation that arises through Internet messaging (IM), as 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 problems 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 with whom you are involved in internet messages has a reasonable expectation of privacy and believes that you are only involved in instant messaging with one person, you may face possible legal problems. . There is no defense of the truth for invasion of privacy. There may be potential legal problems if a victim can establish that you have participated in an unreasonable disclosure of private facts through their 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 way 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 harm, and requests that the third party present testify that they were present when the instant message (IM) was sent. . Many people who use text messages or instant messaging mistakenly assume that if their messages are sent via instant messaging or sent to a mobile phone, they are deleted once they have been transmitted. However, most service providers keep a log of text messages and instant messages for one to three months after they are exchanged.
3. Legal Issues About Internet Messaging: Cyberbullying and Stalking
An instant messenger user of online instant messaging may become a victim of cyberbullying, stalking or misuse of telecommunications networks, which can constitute a crime. Employers and individuals need to protect themselves from the legal hassles of improperly used instant messaging. The same is true for other electronic communications, although instant messaging (IM) is arguably more susceptible to misuse involving cyberbullying, discrimination, online hate speech, bullying, and bullying due to its immediate, informal nature. and intrusive. A user needs to know how to protect himself by reporting that a user is misusing instant messaging technology and to know how to prevent him from sending more offensive messages. Like email, instant messengers can attempt 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 could arise when writing acceptable use policies for email. These systems are considered to be even more informal in nature than emails, making them a tool more susceptible to misuse for the purposes of sexual harassment, cyberbullying, and other offensive communications.
The legal issues surrounding the use of instant messaging were widely publicized when a former Congressman Mark Foley was discovered to have sent explicitly sexual instant messages (IMs) to house pages and people under the age of 18 from his Congressional office personal computer. The scandal raised concerns about legal issues and warnings about the legal consequences of inappropriate messages on the Internet. Companies have a legal responsibility under occupational safety and health laws in the workplace 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 challenges posed by the use of Internet instant messaging in the business 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 a preferred method for hackers to conduct phishing attacks and circulate computer virus attachments. The Instant Message Security Center recorded more than 1,100 security attacks over a three-year period. Viruses, Trojans, and spyware can spread rapidly through the Internet messaging contact list of infected users. Instant messaging (IM) can lead to the waste of corporate assets, time and resources when they are abused by employees who participate in social interactions during work time and also due to a lack of awareness of the particular security vulnerabilities posed by communication systems. Internet messaging. Since instant messaging is typically text-based, it is more vulnerable to eavesdropping, and since user passwords are stored in text, they can be accessed by anyone with physical access to the user’s computer. It is not possible to encrypt the password in many instant messaging software applications. Additionally, instant messaging software requires the user to open UDP ports to the world, enhancing security threats. The use of instant messaging (IM) solutions in the workplace leads to legal problems regarding compliance with data retention, storage and security laws. Business communications in most jurisdictions must be archived and can be retrieved according to regulations. Many organizations may not appreciate the legal issues and the requirement to preserve instant messages.
5. Internet Messaging Legal Issues: Shameful Information Leak, Company 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 sensitive and embarrassing information can be discovered through instant messaging 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 pay attention to the unique legal issues and risks posed by this medium, as well as the broader issues associated with the use of electronic data.