Defamation on a social media site.
Discussion
Hi, I have been asked a question which I have answered by telling them to seek proper legal advice. I also didn't have a clue as to the answer.
Who is responsible for defamatory materiel published on a social media site? The one in question is one popular with teenagers and hosts videos.
Apparently, as I am getting this second hand, an extremely defamatory video has been put up relating to a school teacher. If you search the site using the school's name you find the video, so it is not only attached to the teacher in question, but to the institution they teach at.
I have been told that the site has been approached and as it does not break their rules on decency - no swearing racism or nudity I guess - it will not remove the video.
Apart from getting a lawyer, what steps can be taken to compel the site to remove the video - and potentially hold the poster to account?
Thanks.
Who is responsible for defamatory materiel published on a social media site? The one in question is one popular with teenagers and hosts videos.
Apparently, as I am getting this second hand, an extremely defamatory video has been put up relating to a school teacher. If you search the site using the school's name you find the video, so it is not only attached to the teacher in question, but to the institution they teach at.
I have been told that the site has been approached and as it does not break their rules on decency - no swearing racism or nudity I guess - it will not remove the video.
Apart from getting a lawyer, what steps can be taken to compel the site to remove the video - and potentially hold the poster to account?
Thanks.
Defamation law is fairly complex, band hinges on the plaintiff securing a verdict that they have been slandered, if it is verbal or photographic then they probably have.
But the person publishing it is the most likely, as on a social media site I would doubt something like that would be flagged anywhere like other thigs such as porn, sever abuse, racism etc.
So, in reality the company that runs the site would have no idea unless the post touches on their existing laws on abuse etc.
But the person publishing it is the most likely, as on a social media site I would doubt something like that would be flagged anywhere like other thigs such as porn, sever abuse, racism etc.
So, in reality the company that runs the site would have no idea unless the post touches on their existing laws on abuse etc.
Wildcat45 said:
Hi, I have been asked a question which I have answered by telling them to seek proper legal advice. I also didn't have a clue as to the answer.
Who is responsible for defamatory materiel published on a social media site? The one in question is one popular with teenagers and hosts videos.
Apparently, as I am getting this second hand, an extremely defamatory video has been put up relating to a school teacher. If you search the site using the school's name you find the video, so it is not only attached to the teacher in question, but to the institution they teach at.
I have been told that the site has been approached and as it does not break their rules on decency - no swearing racism or nudity I guess - it will not remove the video.
Apart from getting a lawyer, what steps can be taken to compel the site to remove the video - and potentially hold the poster to account?
Thanks.
I'm assuming you mean TikTok? This seems to be a "trend" at the moment. Name the account after the school and then start uploading. The consensus seems to be if they are using images & videos that are in public domain i.e. on the schools website or social medias then there doesn't seem to be much you can do. Also you only need an email account to set up a TikTok account so even if they did reveal the email address, if its just billybob42069xxx@gmail.com there's not anything else that can be done without a legal battle. Who is responsible for defamatory materiel published on a social media site? The one in question is one popular with teenagers and hosts videos.
Apparently, as I am getting this second hand, an extremely defamatory video has been put up relating to a school teacher. If you search the site using the school's name you find the video, so it is not only attached to the teacher in question, but to the institution they teach at.
I have been told that the site has been approached and as it does not break their rules on decency - no swearing racism or nudity I guess - it will not remove the video.
Apart from getting a lawyer, what steps can be taken to compel the site to remove the video - and potentially hold the poster to account?
Thanks.
I saw one of these accounts for myself the other day and in the comments of the most recent video the account owner had commented that they had a whole school assembly asking whoever it is to stop but the poster said they had used a burner account to set up the TikTok account so they're near on untraceable.
Your only real chance is to get everyone you know to report the account & videos so it gets taken down but unfortunately that wont stop the person responsible from starting another account and just reposting all the content.
Mobile phones should be prohibited from being on school property IMO and confiscated. There is no reason for a child to have a mobile phone at school IMO. Old school view (excuse the pun) but there it is.
The issue of respect is taught at home by parents. School teachers / police officers (hard to respect modern day police officers i know) are taught to respect authority etc. It's a parent thing?
The issue of respect is taught at home by parents. School teachers / police officers (hard to respect modern day police officers i know) are taught to respect authority etc. It's a parent thing?
surveyor said:
These came up over dinner tonight. Various teachers going ape at assembly about lack of respect!
Thing is respect is earned and not dictated and kids have found a way to express this. They would earn far more respect for finding a different way of dealing with them!
I take it you’re not a teacher. I’m not but I couldn’t disagree more with you.Thing is respect is earned and not dictated and kids have found a way to express this. They would earn far more respect for finding a different way of dealing with them!
Assuming your profession by your user name…
You do a survey on my house that I’m unhappy with and I’ll upload a video with your image and your company name including logo on it suggesting you’re a nonce. You’d be cool with that would you?
After all, you’ve not earned my respect. You’d earn far more respect if you found a different way expressing your views on defamation.
Wildcat45 said:
surveyor said:
These came up over dinner tonight. Various teachers going ape at assembly about lack of respect!
Thing is respect is earned and not dictated and kids have found a way to express this. They would earn far more respect for finding a different way of dealing with them!
I take it you’re not a teacher. I’m not but I couldn’t disagree more with you.Thing is respect is earned and not dictated and kids have found a way to express this. They would earn far more respect for finding a different way of dealing with them!
Assuming your profession by your user name…
You do a survey on my house that I’m unhappy with and I’ll upload a video with your image and your company name including logo on it suggesting you’re a nonce. You’d be cool with that would you?
After all, you’ve not earned my respect. You’d earn far more respect if you found a different way expressing your views on defamation.
Still, I do think teachers can no longer demand respect (as opposed to manners which they can).
Candellara said:
Mobile phones should be prohibited from being on school property IMO and confiscated. There is no reason for a child to have a mobile phone at school IMO. Old school view (excuse the pun) but there it is
My grand-daughter is allowed to keep her phone, but had her Epipen taken off her "because it had a needle". Needless to say, a few stern words were said to the teacher. The fact that two days later she was rushed to hospital after being given something to eat that was claimed to be nut free........... (Her Epipen was used, but didn't stave off the effects). She is now allowed at all times to keep her phone, since it has an SOS on it in case she ever gets another attack.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff