Social networking and the law.

• Author: Kratz, Martin P.J.

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As we move into the second decade of the commercial proliferation of the Internet, its connectivity continues to reach more broadly into almost all facets of human existence. A rapidly growing phenomenon has been the rise of social networking websites where individuals may post personal information about themselves and establish electronic relationships with others. Examples of such websites include Facebook, MySpace, Friendster, and Edmonton's Nexopia.

This phenomenon has grown rapidly, is quite widespread, and permits an individual to reach out and connect with a new electronic community that does not have borders. As a result, the members of such websites may find that they have interests in common with other users--in communities geographically very distant.

The benefits of expanded connectivity, however, also bring new legal risks and problems. Some of these risks surround the information a person may post about themselves and some around information posted about others. Two important legal considerations that should be considered in light of such conduct are the law of defamation and the law of privacy.

It is a civil wrong to publish a statement about an identifiable individual that is false and would tend to bring the individual into disrepute, odium, or contempt in the minds of right thinking Canadians. As a result, the posting of false defamatory information on a website will give rise to legal responsibility. The status of websites, the relationship to journalism, and the civil defences available to journalists in some jurisdictions is evolving in the law. However, courts have been quite clear and found authors of material posted to websites that defame others liable for their actions.

In addition, students who post false and defamatory material on websites may face disciplinary action. Recent litigation in the United States includes J.S. v. Blue Mountain School District, 2007 WL 954245 (M.D. Pa. 2007) where an 8th grade student was suspended for posting a false and obscene MySpace page in the principal's name. Similarly, in Layshock v. Hermitage School District, 412 F. Supp. 2d 502 (W.D. Pa. 2006), the court upheld the right of a school to punish a student who posted a false MySpace page in the name of the principal. Canadian schools may need to consider how and to what extent they need to regulate (or can regulate) the behaviour of their students in such cases.

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