Asia Law Network Blog

A checklist for victims of Cyberbullying or Online Defamation

Reading Time: 6 minutes

Information technology and us 

We live in a modern world where the use of information technology is essential for the success of businesses. An increasing number of businesses have a presence on social media and use a wide variety of online platforms to promote their products and services. However, while information technology has helped to promote businesses, it can also be used to harass or defame a business or an individual.

The internet arguably has the widest reach of any form of communication. We have moved away from the traditional “one-to-many” models such as print media, radio, and television broadcasts to an interactive, “many-to-many” model where social media and online platforms such as Instagram, Twitter, Facebook, Linkedin, Youtube have taken a lead role. This trend coupled with the increase in the use of email communication has fueled a rapid growth in information technology.

A new face for an old friend 

Defamation and harassment per se are not new phenomena and existed long before the internet. However, information technology has changed the way we perceive and react to such wrongful conduct. Further, the manner in which the internet is designed and operates impacts how we handle and address bullying/harassment and defamation online. Key challenges are:

a) The internet is vast

It is impossible for any individual or business to have access to all the information or content generated and shared by users on the internet. This creates difficulty in the ability to identify defamatory statements made on the internet and take appropriate steps in a timely manner.

Interesting facts:

b) The ease by which information may be disseminated on the internet

The longer the defamatory statements remain online, the greater the risk and damage that the victim would suffer given the ease with which information may be shared, reposted and commented on.

Interesting facts:

c) The internet provides users the advantage of anonymity

The use of the colloquial expression “internet troll” is common these days. These are individuals who remain anonymous or use a fictitious identity to maliciously publish statements online or engage in cyberbullying/harassment. Consumer reviews which are maliciously published on websites such as Yelp, TripAdvisor, HungryGoWhere, Booking.com are a good example. The challenge for businesses is that these reviews may negatively impact how consumers view a particular business or a service provided.

Interesting facts:

A checklist for victims of online defamation or cyberbullying/harassment

#1. Ascertain the identity of the perpetrator

Most perpetrators do not reveal their true identity when engaging in wrongful conduct, via the internet. It is necessary therefore to identify the identity of the perpetrators before deciding the necessary steps to be taken.

Step 01: Engaging the person to gather more information about him/her. This information may allow for an educated guess as to the identity of the person. For example: whether this individual is an ex-employee/colleague, a competitor or party with a vested interest in damaging one’s reputation.

Step 02: If the perpetrator has published defamatory statements, via online platforms or by using an email account, it may be possible to obtain the necessary information about the identity of the perpetrator from the relevant service providers. Generally, service providers, such as Google, Singtel or Facebook will only disclose personal information relating to the perpetrator if there is an order of court.

There is always the risk that the information provided to the service provider when opening the email account or social media account was fictitious. In most cases, however, the victim is able to obtain at least one or two pieces of useful information, such as an active mobile number or the date of birth, which assists in the ability to identify the perpetrator or at the very least narrow down the possible identity of the perpetrator.

#2. File a report with the police

This should be done even if there is no expectation that criminal proceedings will actually follow. The police have much wider powers and under certain mutual legal assistance treaties between Singapore and other countries, they may be able to identify perpetrators and act more quickly.

The existing legislation, in particular, the Prevention from Harassment Act safeguards individuals and businesses from online defamation, harassing conduct on the Internet and related antisocial behaviour. Any perpetrator who is found to have breached this Act may face both criminal and civil penalties.

#3. Engage an online reputation firm

Online reputation firms have at their disposal search engine optimization software that can help to identify and remove defamatory statements and negative content from the pages generated by search engines. They are able to assist where there is a real likelihood that the online statements have been shared on various social media platforms.

#4. Record and log pertinent information

As far as possible, all instances of contact (by whatever means) or online postings when noticed should be recorded or logged. The easiest method is to take screenshots. It may be a cumulative course of conduct on the part of the perpetrator which ultimately justifies the imposition of criminal or civil penalties.

Furthermore, it is difficult (and sometimes impossible) to access historical material from social media platforms. For example: Instagram stories disappear after 24 hours and posts on Twitter and Facebook could be edited at any point in time.

#5. Preserve vital evidence

There may be a need to avoid closing social media accounts or deleting online posts before consulting the police or a lawyer to prevent the loss of vital evidence. This can be difficult decision to make in certain circumstances as the harassment or publication of defamatory statements may only continue if the victim’s social media account remains active or posts are available on the internet.

#6. Consider the potential risks of commencing legal proceedings

It is important to carefully consider the potential risks of proceeding to court in relation to claims regarding defamatory statements or cyberbullying/harassment. These include:

Conclusion

There is no doubt that the internet and social media have revolutionised the way we communicate with one another. It is however important that individuals and businesses recognise the myriad ever-lurking challenges that accompany the use of social media and bear in mind the need to carefully navigate these challenges to prevent, avoid and stop persons from using online platforms to engage in online defamation or cyberbullying/harassment.  


Get more tips from Ushan on protecting yourself from cyberbullying and online defamation 

Ushan will be one of the lawyer panelists speaking on cyberbullying and defamation at Collision 8 on 8th June 2017 from 6.30 pm to 8.30pm. Join us and ask him any question related to cyberbullying and defamation in Singapore.

Sign up today! 

Get legal help for online harassment for S$49 with a Quick Consult 

If you are a victim of cyberbullying or online defamation, you can get legal help and understand your rights by booking a Quick Consult. When you get an AsiaLawNetwork Quick Consult, a lawyer will call back within 1-2 days for a transparent, flat fee starting at S$49 to answer your questions and give you legal guidance on your potential next steps.


This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.

 

Keep reading related posts