The recent case of Nicola Brookes has
brought to the forefront of people’s mind an endemic issue that is occurring on
the internet, and in particular on social networking sites such as Facebook and
Twitter – that of online harassment. However, what constitutes online harassment?
How bad does it have to get before it is considered harassment? Is it just individuals
that suffer this?
Many people now consider Facebook and
Twitter to be a normal way of communication, so much so, that it is probably on
par with a mobile phone. There are friends of mine who I know will not answer
text messages or phone calls, but will happily respond to a tweet, or wall post
on Facebook within seconds of me putting something up – in fact, with some
people, I know this is the only way to get hold of them. With the norms of
social communication shifting in this way, the way that criticism and abuse is
levied by people on one another, and on businesses is also changing. Gone are
the days when we would have a row in the street, or a furious phone call with a
customer services rep; now displeasure is published in cyberspace via online
messaging, tweeting and blogging. A prime example of this changing nature is
clearly illustrated by what happened in Ms. Brookes’ case.
We must bear in mind that just because
something appears online – it does not detract from just how hurtful, abusive
and damaging it can be – just because it is online it does not mean that it is
just banter and should be ignored . This attitude is wrong and must change now.
Numerous people abusing a person online, consistently, for prolonged periods is
not banter, it is likely to be abuse and harassment of the highest order. Such
behaviour is a clear warning sign of online harassment. It could also be the start of you being
targeted by online trolls, who make it their business to follow your every
online move and abuse and harass you in the most harrowing of ways (in the
Nicola Brookes case this involved the creation of fake Facebook accounts in her
name that attempted to lure and groom young girls for sex, accused Ms. Brookes
or being a paedophile, drug addict and many other things).
This is not something that just happens to
individuals, it can also happen to businesses. If you find that there is
offensive material about you online, which pops up at all hours of the day and
night, no matter what good information you or your search engine optimisation
company put out, this is unlikely to be a coincidence, but instead could be the
sign that your business, its clients and its goodwill is being targeted by
online trolls, who in most cases will have nothing to do with you or your
business. Trolls will have one aim in mind, to completely destroy your business
until there is nothing left. But, this
could also be the actions of someone more sinister, a disgruntled employee or
supplier who is hell bent on destroying your business, and with the obvious
anonymity the internet gives this, destruction can very quickly become a
reality.
The worst possible thing that can be done
here is that you bury your head in the sand and think it will blow over. IT WON’T!!!
However, we at Bain Cohen, as internet law specialists can help:
- We have direct links with the corporations upon which most online harassment takes place, namely Facebook and Twitter. This in turn means that we can quickly report and action the immediate removal/blocking of the offenders, thereby by preventing them from getting at you, or your business.
- We have direct links and contacts within Google and therefore we can help prevent the publishing of online offensive links via the Google search engine to global users in individual jurisdictions.
- We have a streamlined and expeditious process for the applying and obtaining of interim injunctions, anti-harassment injunctions and disclosure orders from the High Court of Justice.
- We are one of the few firms that are specialists in this area of law, and as a client you can rest assured that you will be getting the most immediate and undivided attention from us. To combat online harassment you need to move quick, procrastinating with a lawyer that is unsure of the law, and what strategy to adopt, can cost you substantial amounts, not just in tangible losses but intangible losses in respect of stress, for example.
The social conscious and social compass of
all us internet users must change. We should look for the warning signs in
order so sidestep being abused and harassed online, but sometimes this is simply
not possible, if a troll wants to target you they will.
We, at Bains Cohen have spent years
harnessing our trade, and honing our skills and relationships with these big
corporations who effectively control what we can and cannot do on the internet,
something that I do not think any other law firm in our niche area of law can claim to have.
If you just take one thing from my article
(and at the risk of sounding like a broken record) please do not bury your head
in the sand, and rely on SEO companies alone to prevent the harassment and
protect you.
Trust your instinct, if it feels wrong and if
it feels too close for comfort then it probably is, so please just give us a
call on 0208-252-7373 and one of us will be happy to help.
John Spyrou
Associate Solicitor
Internet Law
Bains Cohen Solicitors LLP
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