Laws not yet up to date with the online and digital age

A business attacked online has several remedies open to it including Supreme Court injunctions and possible claims for defamation and breach of copyright and even in some cases criminal charges under Australia’s Telecommunications legislation.

The issue became a public one in late May when a website appeared, attacking a high profile Brisbane restaurant and its owner. Although subsequently taken off line, the site featured actionable remarks about the restaurant owner and his businesses.

Police acknowledged receipt of a formal complaint over the website attack but a university law lecturer reportedly said businesses almost had to rely on the goodwill of website servers to maintain their reputation.

As a media and defamation lawyer I do not subscribe to this view.

As a media and defamation lawyer I believe people posting derogatory personal remarks on websites or “flaming” others on social sites or web forums need a sharp wakeup call.

There seems to be a feeling that nothing can be done and you just throw your hands up in the air. In fact there are ways for victims of online attacks to fight back, but we need the laws to be updated and brought into line with the online world of the Internet.

I have been involved in proceedings to thwart online attackers and have successfully obtained appropriate court restraining orders and in one matter I was involved in, criminal sanctions were imposed against the offending party.

The attack on the Brisbane restaurant owner is certainly not a first as the Internet is still in some ways a bit like the lawless Wild West.

The laws governing its use especially in the areas of defamation and contempt, are still evolving as regulators grapple with a rapidly expanding virtual world of people using the Net to push their opinions.

Users of social networking sites risk facing defamation and other legal actions for remarks they make online about others. I expect the number of legal actions to balloon until people posting on social network sites or uploading blogs realise the laws are not confined to traditional media outlets.

A recent furore in Britain over the naming on Twitter by around 75,000 people of a married footballer allegedly involved in an extra-marital affair highlights some of the difficulties confronting the legal system in policing online law and order.

There was a strict gagging order made by a British court but despite this thousands on Twitter spread the English footballer’s name. A British MP subsequently said it was impractical to imprison them all.