Social Media, Criminal Law and Legality

Social Media, Criminal Law and Legality PDF Author: Laura Higson-Bliss
Publisher: Taylor & Francis
ISBN: 1040176615
Category : Law
Languages : en
Pages : 193

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Book Description
Utilising Lon Fuller’s conception of legality, this book argues that current legal provisions often used to control online abuse aided by social media do not conform to the basic principles of legality in the criminal law, in turn, threatening freedom of expression. How we regulate inappropriate behaviour online, often referred to as online abuse, particularly online abuse aided by social media, is a contemporary concern for governments across the globe. Tragedies, such as the death of a celebrity following a campaign of online abuse, often hit the headlines, followed by the same echo: there should be a law against this. Yet, in England and Wales, numerous laws exist to control, prosecute, and convict individuals who use the likes of social media to harass, intimidate, and abuse others online. So why is the law failing to keep pace with modern technology? This monograph critically examines this fundamental question, from the perspective of legality. Applying criminal law to three growing areas of concern, it covers: (1) racist speech, (2) cyberharassment/cyberstalking, and (3) the sending of abusive messages online. It then turns to examine the latest attempts by UK officials to tackle these issues through the implementation of the Online Safety Act 2023 and France’s, Germany’s, and India’s attempts to regulate social media. The book will be of interest to researchers in the field of criminal law and cyber law, as well as online abuse, harassment, and discrimination.

Social Media, Criminal Law and Legality

Social Media, Criminal Law and Legality PDF Author: Laura Higson-Bliss
Publisher: Taylor & Francis
ISBN: 1040176615
Category : Law
Languages : en
Pages : 193

Get Book Here

Book Description
Utilising Lon Fuller’s conception of legality, this book argues that current legal provisions often used to control online abuse aided by social media do not conform to the basic principles of legality in the criminal law, in turn, threatening freedom of expression. How we regulate inappropriate behaviour online, often referred to as online abuse, particularly online abuse aided by social media, is a contemporary concern for governments across the globe. Tragedies, such as the death of a celebrity following a campaign of online abuse, often hit the headlines, followed by the same echo: there should be a law against this. Yet, in England and Wales, numerous laws exist to control, prosecute, and convict individuals who use the likes of social media to harass, intimidate, and abuse others online. So why is the law failing to keep pace with modern technology? This monograph critically examines this fundamental question, from the perspective of legality. Applying criminal law to three growing areas of concern, it covers: (1) racist speech, (2) cyberharassment/cyberstalking, and (3) the sending of abusive messages online. It then turns to examine the latest attempts by UK officials to tackle these issues through the implementation of the Online Safety Act 2023 and France’s, Germany’s, and India’s attempts to regulate social media. The book will be of interest to researchers in the field of criminal law and cyber law, as well as online abuse, harassment, and discrimination.

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the American Criminal Justice System PDF Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :

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Book Description


Crime, Justice and Social Media

Crime, Justice and Social Media PDF Author: Michael Salter
Publisher: Routledge
ISBN: 1317419057
Category : Social Science
Languages : en
Pages : 263

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Book Description
How is social media changing contemporary understandings of crime and injustice, and what contribution can it make to justice-seeking? Abuse on social media often involves betrayals of trust and invasions of privacy that range from the public circulation of intimate photographs to mass campaigns of public abuse and harassment using platforms such as Facebook, Twitter, 8chan and Reddit – forms of abuse that disproportionately target women and children. Crime, Justice and Social Media argues that online abuse is not discontinuous with established patterns of inequality but rather intersects with and amplifies them. Embedded within social media platforms are inducements to abuse and harass other users who are rarely provided with the tools to protect themselves or interrupt the abuse of others. There is a relationship between the values that shape the technological design and administration of social media, and those that inform the use of abuse and harassment to exclude and marginalise diverse participants in public life. Drawing on original qualitative research, this book is essential reading for students and scholars in the fields of cyber-crime, media and crime, cultural criminology, and gender and crime.

The Legal Challenges of Social Media

The Legal Challenges of Social Media PDF Author: David Mangan
Publisher: Edward Elgar Publishing
ISBN: 1785364510
Category : Computers
Languages : en
Pages : 341

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Book Description
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.

American Criminal Courts

American Criminal Courts PDF Author: Casey Welch
Publisher: Routledge
ISBN: 145572811X
Category : Law
Languages : en
Pages : 615

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Book Description
American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts

Blackstone's Guide to the Protection from Harassment Act 1997

Blackstone's Guide to the Protection from Harassment Act 1997 PDF Author: Timothy Lawson-Cruttenden
Publisher: Blackstone Press
ISBN:
Category : Law
Languages : en
Pages : 116

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Book Description
Covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. Includes a copy of the Act.

SOCIAL MEDIA AND INTERNET LAW

SOCIAL MEDIA AND INTERNET LAW PDF Author: PAUL. LOMIC
Publisher:
ISBN: 9780433497332
Category :
Languages : en
Pages :

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Book Description


Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations

Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations PDF Author: Orin S. Kerr
Publisher:
ISBN:
Category : Computer crimes
Languages : en
Pages : 284

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Book Description


Crime, The Media and the Law

Crime, The Media and the Law PDF Author: Dennis Howitt
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 256

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Book Description
Do the media create, enhance or distort the public understanding of crime? Is crime itself influenced by the media? Forensic and social psychologists, criminologists, police, lawyers and other professionals and policymakers in the criminal justice system are increasingly concerned with these issues and the implications for their dealings with the media. Academics and researchers in the fields of cultural and media studies, and communication studies, will also value this serious analysis of the concepts and research evidence in this field. This book is the first systematic, comprehensive account of media and crime that relates real-life crime and real media activity to social and individual implications, from a psychological perspective. It includes consideration of property crime, drug crime, race-related crime, and the growing problem of women's crime, as well as sexual and violent crime. The book establishes the study of media and criminal-legal issues as an important part of academic and professional endeavors to understand crime and society. It is written by a leading academic with longstanding interests and work in this field. - Back cover.

Free Speech and the Regulation of Social Media Content

Free Speech and the Regulation of Social Media Content PDF Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50

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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.