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Vol 21 No 11 Nov/Dec 2016

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Handbook of Social Media and the Law


ISBN13: 9780415745482
Published: November 2014
Publisher: Informa Law
Country of Publication: UK
Format: Hardback
Price: £125.00



In stock.

The Social Media Handbook explains how the existing laws of defamation and communications based offences apply to social media communications and explores the tactical considerations both claimants and defendants must be aware of when dealing with cases involving social media.

Social media covers a number of different platforms that enable a user to interact and share information such as comments, photographs, videos and audio, publically or privately with other users online. The most well-known include LinkedIn, Twitter, YouTube, Wikipedia and Facebook. While there are existing works covering the law of defamation and communications based offences, this is the first book to cover the specific issues highlighted by social media.

This practical guide offers practitioners’ innovative ways to handle claims using the existing law and working within the rules of the platform providers themselves. The author also explores the risks which social media may present in a manner which allows in house counsel and communications professionals determine what procedures, policies, specifications and standards must be adopted in organisations’ internal governance and explains how to build regulatory frameworks to achieve compliance.

This book will be of great use to legal practitioners specialising in communications or internet law, in house counsel, communications professionals, journalists, students of communications law and anyone who uses social media in their work.

Subjects:
Internet Law, Media and Entertainment Law
Contents:
Part I: Defamation: What the Claimant Must Prove
1. Introduction
2. General
3. Standing
4. The Defamatory Statement
5. Publication
6. Slander Claims and Special Damages
7. Malicious Falsehood

Part II: Defences
8. Justification
9. Fair Comment
10. Privilege-general
11. Absolute Privilege
12. Qualified Privilege duet and interest
13. Qualified Privilege Reynolds
14. Qualified Privilege Reports
15. Secondary Responsibility
16. Offer of Amends
17. Miscellaneous Defences: Prohibitions and Restrictions on bringing a claim
18. Malice

Part III: Remedies
19. General
20. Damages
21. Injunctions

Part IV: Practical Considerations for Bringing a Claim
22. The Claimant
23. The Defendant

Part V: Specific Considerations
24. The Internet
25. Facebook
26. Twitter
27. Blogs
28. Trolling
29. Online Print
30. The Multiple Publication Rule

Part VI: Human Rights
31. The European Convention of Human Rights
32. The Human Rights Act 1998
33. Article 6 The Right to a Fair Trial
34. Article 8 The Right to Privacy
35. Article 10 Freedom of Expression

Part VII: Communications Based Offences
36. Communications Act 2003
37. What the Claimant Must Prove
38. The Right to be Offensive
39. The Human Rights Act
40. The Right to be Offended
41. Site Specific Considerations
42. Proposed Model for Regulation
43. Role of the Platform Providers
44. Injunctions
45. Multi-Jurisdictional Considerations
46. USA registered offices and the effect of the Bill of Rights on EU decisions
47. The EC Paper on the Right to be Forgotten

Part VIII: Contempt of Court Act 1988
48. The Contempt of Court Act 1988
49. Cases
50. Offences
51. Applications to Social Media
52. Venables
53. Injunctive Relief