Hate groups on social networking sites

31 January 2008

By Jane Coyle

Social networking forums have interested media lawyers, who warn that many postings may be leaving sites such as Facebook and MySpace open to libel actions due to a growing number of “ hate pages” such as Facebook's "I hate BT" Under current legislation, if website owners remove defamatory material as soon as they are aware of it, then they are not liable. Lawyer Nick Armstrong sees serious legal risks in allowing users to establish groups and pages whose sole purpose is to invite aggressive criticism of organisations and individuals. There is a widespread but incorrect belief that posters of defamatory material are liable rather than websites themselves. Armstrong argues that the courts may decide that current laws do not absolve sites of responsibility if they could reasonably have known in advance that libellous comments would be made. Armstrong agrees that shutting down "hate groups" is not the way forward, but says that websites need to react faster when complaints come in which can be difficult when sites increase. A spokeswoman for Facebook said that users are told they cannot post content that "makes threats of any kind or that intimidates, harasses, or bullies anyone, is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful".

Jane Coyle is a Trainee Solicitor with Lawdit Solicitors.