Bay 12 Games Forum

Please login or register.

Login with username, password and session length
Advanced search  

Author Topic: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.  (Read 1331 times)

ragnarok97071

  • Bay Watcher
  • /人 ◕ ‿‿ ◕人\
    • View Profile
Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« on: August 31, 2014, 11:27:04 pm »

The subject of this thread is really very simple. I have a question that I'd like answered by the legal people here on B12, and would be interested in getting an answer about it.

Put simply, when, exactly, do threats and defamation reach the point as being legally considered libel or harassment?

This is something a friend of mine is currently going through, and I'd honestly like to know just what sort of bounds those on the other side have to reach before action outside of just reporting them to the given sites and such, which they've tried?

At what point does bashing someone on the internet become harassment, and when does it become bad enough to count as character defamation/libel, and how serious would these claims be if brought up?

Thanks in advance,

Ragnarok
Logged
Quote from: Wing, via Discord
I want a coat that doesn't make me look like a rear admiral from the East India Company

Mr. Strange

  • Bay Watcher
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #1 on: September 01, 2014, 05:00:09 pm »

Depends very much on where you live.
Logged
Then you get cities like Paris where you should basically just kill yourself already.

You won’t have to think anymore: it’ll be just like having fun!

lordcooper

  • Bay Watcher
  • I'm a number!
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #2 on: September 01, 2014, 05:27:25 pm »

OP didn't feel the need to specify so there's a 95% chance of it being the US.
Logged
Santorum leaves a bad taste in my mouth

nenjin

  • Bay Watcher
  • Inscrubtable Exhortations of the Soul
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #3 on: September 01, 2014, 07:22:57 pm »

Quote
do threats and defamation reach the point as being legally considered libel or harassment?

Threats and harassment are distinct from libel and defamation of character. The first two are criminal offenses. The last two are civil.

Going back to my media law days, I think the following need to be in place to prove libel*:

-The statements or claims must be demonstrably false. ("Soandso is gay" is and isn't a proveable claim, depending on the circumstances.)

-I *think* the plaintiff has to demonstrate their reputation or livelihood has been damaged in some way as a result of these claims, if they seek any sort of monetary compensation.

And while there's no specific laws regarding this, I think scope plays an important part too. A complaint for an isolated incident of libel on a forum using psuedonyms isn't going to go very far. An organized campaign of exposing and libeling someone across a variety of sources does carry more weight. If the plaintiff's real identity was never revealed, then I think you have to demonstrate that their online persona was somehow damaged as a result of this. Like if their youtube page was taken down, and they lost sweet internet monies as a result. The law hasn't caught up on your real vs. digital identity so much in civil cases, although that may be changing because of all the internet bullying news.

*I am not a lawyer
« Last Edit: September 01, 2014, 07:26:17 pm by nenjin »
Logged
Cautivo del Milagro seamos, Penitente.
Quote from: Viktor Frankl
When we are no longer able to change a situation, we are challenged to change ourselves.
Quote from: Sindain
Its kinda silly to complain that a friendly NPC isn't a well designed boss fight.
Quote from: Eric Blank
How will I cheese now assholes?
Quote from: MrRoboto75
Always spaghetti, never forghetti

ragnarok97071

  • Bay Watcher
  • /人 ◕ ‿‿ ◕人\
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #4 on: September 01, 2014, 07:59:14 pm »

OP didn't feel the need to specify so there's a 95% chance of it being the US.

Yes, it's the US.
Logged
Quote from: Wing, via Discord
I want a coat that doesn't make me look like a rear admiral from the East India Company

Morrigi

  • Bay Watcher
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #5 on: September 02, 2014, 05:31:12 pm »

Well, in terms of federal law, it'd be next to impossible to get a case of defamation through if it's entirely relegated to the internet. That said, if threats are being made that make the victim reasonably fear for their safety, it could potentially be prosecuted as assault, criminal menacing, intimidation, etc. (depends entirely on state law) if the suspects can be found.

If the surname of the person in question happens to be Quinn or Sarkeesian, well, good fucking luck.
Logged
Cthulhu 2016! No lives matter! No more years! Awaken that which slumbers in the deep!

ragnarok97071

  • Bay Watcher
  • /人 ◕ ‿‿ ◕人\
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #6 on: September 03, 2014, 01:46:53 am »

Nope XD

Just a normal friend that happens to be having some trouble with rather persistant assholes.

And it's mostly just threats to break into their accounts and delete a bunch of stuff, and general bashing/lying/accusations of things they didn't do.
Logged
Quote from: Wing, via Discord
I want a coat that doesn't make me look like a rear admiral from the East India Company

3man75

  • Bay Watcher
  • I will fire this rocket
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #7 on: September 05, 2014, 06:34:43 pm »

Nope XD

Just a normal friend that happens to be having some trouble with rather persistant assholes.

And it's mostly just threats to break into their accounts and delete a bunch of stuff, and general bashing/lying/accusations of things they didn't do.

Is this from the something awful forums by any chance?
Logged

ragnarok97071

  • Bay Watcher
  • /人 ◕ ‿‿ ◕人\
    • View Profile
Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #8 on: September 05, 2014, 10:38:39 pm »

Nope XD

Just a normal friend that happens to be having some trouble with rather persistant assholes.

And it's mostly just threats to break into their accounts and delete a bunch of stuff, and general bashing/lying/accusations of things they didn't do.

Is this from the something awful forums by any chance?

Tumblr.

To the point that there are a series of blogs literally called 'fuckno[person's internet handle]'.

And the mods/admins won't make a move against it.

I believe they said doing something would violate freedom of speech, which is pure bullshit, too.
« Last Edit: September 05, 2014, 10:41:00 pm by ragnarok97071 »
Logged
Quote from: Wing, via Discord
I want a coat that doesn't make me look like a rear admiral from the East India Company