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A new research guide for HSC Legal Studies: Preliminary Part II has just been published. It covers the individual and technology, including:
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Be careful what you post on Facebook! A recent Local Court decision demonstrates that you can be charged with a criminal offence if you post photos that are indecent.
A Magistrate at Downing Centre Local Court treated the actions of an accountant seriously when he was charged under section 578C of the Crimes Act 1900 (NSW) for publishing an indecent article. The defendant was angry with his girlfriend and posted six nude photos of her on his Facebook wall. The magistrate, in sentencing the defendant to six months home detention, wanted to send a message of deterrence to the wider community about the perils of posting this type of content on social networking sites. A summary of this decision can be found in Redfern Legal, February 2012. You need to scroll to page 2-3 to find the article.
If you want to read about other court decisions concerning the behaviour of Facebook users, see our - HSC Legal Studies guide - Preliminary Part II - Facebook.
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Currently in Australia there is no general right to privacy, which means there is no certainty for anyone wanting to sue for an invasion of their privacy. The Minister for Privacy, Brendan O’Connor, announced that the Government will seek the views of the community on introducing a right to privacy in Australia. See Media release.
Last December the SMH asked the question 'Is personal privacy a lost cause?' (SMH, 11 December 2010.) This is an interesting question, particularly in the wake of recent events including the phone hacking scandal that has erupted in England and stories of computer hacking where the personal details of thousands of people have been accessed.
1. Phone hacking scandal
The recent News of the World scandal in England has attracted much media attention and raised many issues. It is interesting that there are laws banning the practice of phone hacking, such as the Telecommunications (Interception and Access) Act 1979 (Cth) here in Australia.
You will find many media reports about this particular scandal of hacking into people’s mobile phones to listen to messages using Proquest ANZ Newsstand if you have a State Library reader's card. Type in “phone hacking scandal”. You can then browse through the results by date. Examples of articles are:
2. Privacy breaches due to computer hacking
The information that can be taken about people can include names, addresses, birthdays, email addresses and log-in passwords. There have been a number of attacks with privacy breaches including an attack on Sony. See:
The Australian Law Reform Commission produced a report For your information – Australian Privacy law and practice in August 2008. A large number of issues were raised and discussed in this report, including protecting a right to personal privacy.
For additional information on privacy and related issues raised by these incidents, you might want to browse the resources on the Find Legal Answers website on privacy. For those of you with a State Library reader's card you will find many journal articles in AGIS Plus if you type in 'privacy', including:
George Williams has written a thoughtful opinion piece about protecting privacy in Australia. See 'Breaches of privacy by large corporations the real problem' SMH, 3 August 2011.
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On 20 June 2011 the Joint Select Committee on Cyber-Safety tabled its report on the Inquiry into Cyber-Safety entitled High-Wire Act: Cyber-Safety and the Young. This comprehensive report covers:
The Committee have now been asked to inquire into and report on the Cybercrime Legislation Amendment Bill 2011.
For additional information on cyber-safety and cyber security, the Federal Attorney-General has a useful website on Cyber Security. Our blog has many previous posts on cyberlaw and related issues.
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Is Twitter a useful social media tool? Can you say anything you want on Twitter? Should you think before you tweet? Can you be held accountable in a court for those hastily tweeted words? These are interesting questions to discuss as part of Individual and Technology. You might find the following media reports and seminars helpful:
Twitter and its role in Egypt during January 2011
The Egyptian people have managed, through a peaceful revolution, to topple a dictatorship that ruled the country for 30 years. One of the most interesting aspects of the revolution is that technology, particularly the internet, played a very important role. During the first few days of the revolution, Facebook and Twitter became the primary means for the Egyptian people to spread the word about what was happening in the country. Twitter and Facebook posts provided a real-time update of events taking place all over Egypt, while also providing pictures and videos for the world to see. This presentation will address and analyse the role of ICTs and social networks in the Egyptian revolution. Dr Mohamed Chawki spoke recently at a seminar called Egypt's Cyber Revolution hosted by UNSW’s Cyberspace Law and Policy Centre. You can download the Powerpoint presentation called 'Tweeting from Tahrir Square' – it contains excellent photographs and clearly outlines the events that took place in Egypt. The talk outlines the role of Twitter and Facebook had in communicating to the people in Egypt - letting them know what was happening and where; and then what happened when Facebook and Twitter were shutdown.
Twitter taken to court in California
Ahmed Khan, an English councillor, was accused of making defamatory statements about the South Tyneside Council on Twitter. The council went to a superior court in California (where Twitter is based), for an order requesting the hand over of the details of Khan's Twitter account. The Court requested that Twitter hand over these details to the Council. This decision could have implications for free speech on the web. Rather than going to a court in the UK, the Council made the decision to go to a Court in California.
In an earlier matter concerning Twitter posts, a Manchester United footballer, Ryan Giggs went to the High Court in London to prevent the reporting of an alleged affair between himself and a reality TV model.
The following media reports provide background information on both these cases:
In another British case, a British judged banned Twitter users from identifying a brain-damaged woman. See 'UK Twitter users banned from identifying brain-damaged woman', 16 May 2011, SMH.
If you are interested in exploring the use of Twitter and related legal issues, there are articles available via AGIS Plus for those of you with a State Library reader's card. These include:
Note, this is just a sample of what is available - you will find more by typing in 'twitter'.
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