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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.
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.
Author: Rebecca M. Hayes
Publisher: Springer
ISBN: 3319894447
Category : Law
Languages : en
Pages : 210
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Book Description
As research continues to accumulate on the connections between media and crime, #Crime explores the impact of social media on the criminal legal system. It examines how media influences our perceptions of crime, the perpetration of crime, and the implementation of punishment, whilst emphasizing the significance of race, ethnicity, class, gender, and sexuality. It offers an accessible and in-depth examination of media and in each chapter there are case studies and examples from both legacy and new media, including discussions from Twitter that are being used to raise awareness of criminal legal issues. It also includes interviews with international scholars and practitioners from Australia, Belgium, and the United States to voice a range of global perspectives. This book speaks broadly to those interested in criminology, criminal justice, media and culture, sociology, and gender studies.
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.
Author: Thaddeus A. Hoffmeister
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 306
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Book Description
Social media hasn't just changed society—it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined—some of which present ethical problems.
Author: Marco Odello
Publisher: Routledge
ISBN: 1000076725
Category : History
Languages : en
Pages : 264
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Book Description
This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222
Author: Carolyn Elefant
Publisher: American Bar Association
ISBN: 9781604429206
Category : Computers
Languages : en
Pages : 254
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Book Description
Many lawyers view social media as a passing fad, but lawyers who dismiss social media do so at their peril. This cutting-edge guide shows lawyers how to use a practical, goal-centric approach to social media. By enabling lawyers to identify the social media platforms and tools that fit their practice, lawyers can implement them easily, efficiently, and ethically. Written by two lawyers, this book is designed with both the novice and advanced user in mind.
Author: Laura Scaife
Publisher: CRC Press
ISBN: 1317754794
Category : Law
Languages : en
Pages : 445
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Book Description
Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.
Author: Saskia Hufnagel
Publisher: Routledge
ISBN: 135117617X
Category : Law
Languages : en
Pages : 173
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Book Description
This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.
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
Author: Tijana Milosevic
Publisher: MIT Press
ISBN: 0262344106
Category : Political Science
Languages : en
Pages : 297
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Book Description
A critical examination of efforts by social media companies—including Facebook, Twitter, Snapchat, and Instagram—to rein in cyberbullying by young users. High-profile cyberbullying cases often trigger exaggerated public concern about children's use of social media. Large companies like Facebook respond by pointing to their existing anti-bullying mechanisms or coordinate with nongovernmental organizations to organize anti-cyberbullying efforts. Do these attempts at self-regulation work? In this book, Tijana Milosevic examines the effectiveness of efforts by social media companies—including Facebook, Twitter, YouTube, Snapchat, and Instagram—to rein in cyberbullying by young users. Milosevic analyzes the anti-bullying policies of fourteen major social media companies, as recorded in companies' corporate documents, draws on interviews with company representatives and e-safety experts, and details the roles of nongovernmental organizations examining their ability to provide critical independent advice. She draws attention to lack of transparency in how companies handle bullying cases, emphasizing the need for a continuous independent evaluation of effectiveness of companies' mechanisms, especially from children's perspective. Milosevic argues that cyberbullying should be viewed in the context of children's rights and as part of the larger social problem of the culture of humiliation. Milosevic looks into five digital bullying cases related to suicides, examining the pressures on the social media companies involved, the nature of the public discussion, and subsequent government regulation that did not necessarily address the problem in a way that benefits children. She emphasizes the need not only for protection but also for participation and empowerment—for finding a way to protect the vulnerable while ensuring the child's right to participate in digital spaces.
