Wednesday, April 24, 2024

In a first case of its kind, Magistrates’ have jailed a man who posted abusive images to online memorials dedicated to dead children. The man was jailed for 18 weeks and was banned from participating in social networking for a period of five years.

At Court, Sean Duffy, 25 from Reading, admitted to posting images on Facebook and YouTube, making a mockery of the deaths of four children, including 15-year-old Natasha MacBryde who committed suicide.

Sean Duffy online harassment conviction came after Mr Duffy admitted to the court that he had posted a video on YouTube called Tasha the Tank Engine shortly after the teenager was found dead on a railway line near her home in Worcestershire.

Paul Warren, the Chairman of the bench which sentenced Duffy, said: “This case serves to illustrate the harm and damage done by the malicious misuse of social networking sites.”

The court heard that Duffy, has been suffering from alcohol problems and has Asperger syndrome.

This prosecution, says harassment lawyer, Yair Cohen,  was brought under section 127 of the Malicious Communications Act 2003 which made it an offence for a person to use public electronic communications networks, such as telephone and internet to send or communicate grossly offensive material to others, as well as to send or communicate material which is offensive, indecent or obscene.

This law (section 127 of the Malicious Communications Act 2003) is unique in the sense that the offence is committed upon the act of communication and a person would be committing the offense even in the event that the communication was not received by the intended recipient or was intercepted prior to anyone actually taking offence to the subject matter.

This latest prosecution of Sean Duffy at Reading Magistrates’ Court may signal the beginning of a new line of prosecution by the police of internet related offences,  which will be great news to tens of thousands of UK victims of internet defamation and abuse, and in particular to those vulnerable victims who are not in a financial position to be able to afford expensive civil proceedings.

Can a criminal court judge force a defendant to remove harassing and defamatory internet posts? The answer to this question might be surprising. Read Removing harassment from the internet

Cohen Davis facilicate another online harassment conviction

Yair Cohen, Internet  Law Expert

Author: Yair Cohen

 
 

bains cohen solicitorsIf at the moment the battlefield where you fight for your good reputation is based online and those on the other side, appear to have a reasonably good understanding of the battleground and of the basic tools and ammunitions which are required to cause you maximum damage, you might want to seriously consider moving the battlefield elsewhere where it will be harder for your reputational enemies to fight back.

In other words, so long as the battle is fought online, your reputational enemies feel that they have almost supernatural powers to orchestrate deadly reputational attacks against you. Remember, the online battlefield is a magical world, where single individuals can replicate themselves continuously and where cowards may turn fearless over-night, just by staring at a computer screen.
Instead, if you turn the light on your reputational enemies, you will at once strip them of all their supernatural powers.

By simply declaring that you have decided to move the reputational battlefield offline, to the real earthy world, you will be able to get rid of almost all your reputational menaces.

By Yair Cohen

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bains cohen solicitorsThere is an old saying that “the first step to getting out of a hole is to stop digging”. If you discover that your online reputation has been tarnished on a rough website and that bad results are appearing against your name upon every Google search, do yourself a favour and overcome the natural tendency of constantly clicking on the link to the bad result.

A defamatory remark on the internet is similar to a toothache – we feel almost a compulsive need to touch and feel the pain – in case it has already gone without us noticing it.

Sadly, with defamatory remarks on the internet, the more you click the more powerful they become. Google gives priority to popularity. So every click makes the bad comment more dominant and in Google’s view also more important, which means that the defamatory remark will constantly be climbing up the search engine results with more people seeing it.

When people see a link to a defamatory page against them, they tend to tell friends and family about it with the result that the link to the bad comment becomes very popular. The more people who click on the link to see what is being said about their friend/family, the more likely it is that the link will remain at the top of the search engine. So remember that the first step to getting out of a hole is to stop digging.

An internet law expert will use special tools to examine the link and the defamatory page regularly without actually adding to its popularity. So if you are unfortunate enough to have enemies who have taken upon themselves to defame your character online – make sure you don’t tell the world about it and take legal advice from an internet law expert as soon as possible. ”

By: Yair Cohen

 

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There is a big difference between traditional defamation law solicitors and the modern online defamation lawyers. Defamation law and online defamation law are arguably two very distinct areas of law.

This is why, with all the best intentions, old- fashioned defamation advice in relation to online defamation can sometimes backfire, in the sense that even if the case is won at court, the defamation still remains online and can even increase in volume.

Internet law and online defamation law are not subjects which are taught at law schools. They can only be mastered by constant usage and by plenty of practical experience.

Read More on Choosing an Online Defamation Solicitor

 
 

Online Defamation Defence Tools

Creating a basic blog, with information about the services and products that your business offers, can help you create defence shields all around your business reputation.

You can start your own business blog in minutes using WordPress or Blogger and turn it into a very powerful weapon in your fight against online defamation.

If you post information about changes, updates or offers, which relate to your business or your particular industry, you will have an endless amount of information to write about, without the need to be super creative yourself. With every post that you dispatch on the internet your reputational defence shields become harder to penetrate. Post regularly and your blog will be established by the internet search engines as a source of fresh and relevant information, which means the content of your choice will be prominently viewed by your target market.

If however, you decide to take no action, this prominence within the search engines is likely to be given to posts about your business, which had been despatched by others, possibly by your enemies.

Internet defamation solicitor

By: Yair Cohen

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