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

It potentially makes a mockery of the courts and the legal system in general if this is allowed to continue to happen. The law may not be able to muzzle Twitter but an example could be made of at least some of those responsible for knowingly breaching the court’s order. It would send a strong message through the Twitterverse.

Earlier this year American rocker Courtney Love learned a $US430,000 lesson from venting her personal feelings on Twitter after she settled a legal action brought by fashion designer Dawn Simorangkir over a disputed payment. Love used her Twitter account for a reported vitriolic tirade against the designer, and the subsequent suit made world headlines.

Simorangkir accused Courtney Love of ruining her business with allegedly defamatory tweets posted in 2009. Love reportedly argued her rants were simply expressing an opinion.

The fashion designer argued Love’s influence as an entertainer and the power of social media to disseminate damaging comments had harmed her business.

The lessons from this matter apply equally here in Australia. We need to correct this attitude by online users that they are somehow immune from the laws of defamation. The law of defamation applies equally to all forms of communication, whether it be via the postal service, the media, electronic or otherwise.

The challenge facing us now is to correct that attitude out there that defamation, contempt and certain other laws only apply to print media, radio and TV. The fact is if someone makes false and derogatory remarks about another in any public forum, the other party can and probably will defend their reputation.

Young people using sites such as these could lay themselves open to defamation actions or in some circumstances possible criminal actions if they attack others on internet forums or networking sites.

So it is crucial to dispel the myth that personal remarks on the Net are somehow not actionable. Equally, those who are attacked- particularly if their businesses’ existence could be harmed- need to know they have legal remedies.

Australian businesses attacked on line on overseas- based websites also still have some options to fight back. One is to insist the server host of the website remove the offending material or the site.

In one action in which I was recently involved the website host was put on notice to shut down the site or risk legal action itself. Obviously you have more clout if the site is based in Australia, but foreign sites are not immune.

Technology now allows people to upload comment and opinion without any other person or party being involved or, crucially, checking the material first for defamation or other legal risks.

My message to businesses vilified online is don’t assume you have no legal rights or remedies. You can fight back but at the same time our lawmakers need to urgently update the legislation in order to tighten up the laws as they apply to the internet.