A brief discussion of defamation, and some of the challenges of trying to pursue it our online world.


t an event held in Montego Bay, Jamaica, last week, head of the Jamaica Constabulary Force’s Communication Forensic and Cybercrime Unit, Inspector Warren Williams, called for cyber-defamation to be made a criminal offence. Though most of us may have a sense of what defamation is – spoken or written acts that seek to damage an individual’s good reputation, but are proven false – we may not readily think of it in term of the Internet and people’s online behaviour.  However Inspector Williams noted that “that there has been ‘a rapid increase’ in cyber-defamation locally” (Source: The Gleaner).

Currently, and in most jurisdictions, defamation is a civil matter. Neither the police nor the public prosecutions office gets involved, but Inspector Williams is arguing that it should become a criminal matter. Here we share a few thoughts on the subject.

More laxed attitude and behaviour online

Over the years, it can be readily observed that communication online, especially written communication, such as via text messages, and on Twitter, Instagram and Facebook, has become very relaxed.  Too often, and for example, some public figure tweets or posts what might be considered an inappropriate comment, and soon thereafter either tries to delete it or ends up issuing an apology. Whilst it can be argued that perhaps thanks to the immediacy of the Internet, and people feeling considerably freer to share things among their ‘friends’ and followers, on the flipside, personal censorship, or giving more thought to what is expressed, appears to also have decreased.  

Further, the Internet, and social networks in particular, has fostering a sense of ‘false intimacy’. Increasingly, people are prepared to say and share things that they would never do in person, but they feel very comfortable doing so via the Internet. Accordingly, it is changing how we engage online, and arguably, the behaviour that is considered appropriate.

Anonymity online

Currently, many of us who are members of social networks might just be passing acquaintances with many of the people who are part our groups. In other instances, we have no relationship whatsoever with some of those ‘friends’ and followers; the connections might be more of a strategic nature. Further, although the platform may have true and accurate information on its subscribers, many people use aliases, obscure their faces, use avatars, or otherwise do not reveal their real identities online, which in turn fosters anonymity.

Whilst some of that behaviour might be seemingly innocent, there are also trolls among us. Trolls tend  hide behind anonymity and make deliberately offensive or provocative online postings. Sadly, it may be almost next to impossible to determine who they are, and to seek to prosecute them on the grounds of defamation.

Overburdening of the already burdened system

Finally, and without a doubt, Inspector Williams has most likely witnessed the destructive nature of cyber-defamation, and the ease and effectiveness with which one individual can malign someone else thanks to the Internet. However, in making defamation a crime, the burden would be on the police and the public prosecutions office to make the case.

In most Caribbean countries, we struggling under a serious backlog of court cases – from minor traffic and statutory offences, through to major crimes, that have yet to be concluded. Should defamation be made a crime, the floodgates of allegations that the police would need to investigate is likely to demand considerably more resources than they currently possess, thus emphasising the need for governments to increase their support to the police and the courts overall.

 

Image credit:  FreeDigitalPhotos.net

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