05 Jun 2013

‘Freedom of Expression’ – It’s a social media myth

In a society where we appear to be more connected than ever with so many avenues for communication, how can some students get it so wrong?

This is a question we are often faced with at school; where some means of communication has been used inappropriately thus hurting others as a result. These students have broken the law, probably without even knowing it.

Some students unwittingly believing that what they write on Facebook or other social media sites is not public knowledge and that they cannot be held accountable for any wrongdoing. It is hardly surprising that students are not made aware of their online responsibilities because of the pace of communication advancement.

I will be addressing the College soon on what the law is regarding electronic communication. Last year at the UNSW Law Update for Schools, I was briefed on how the law affects our students. There is a myth that we have ‘freedom of expression’, especially when it comes to identifying others and defaming them. Defamation laws are uniform across Australia and have been since 2005. Our boys need to be clear on three distinct points:

  1. Identification: This is where someone is identified on social media. They can either be named or unnamed or they could simply be described or their identity inferred.
  2. Defamation: Is often determined by the current community standards, but it is when somebody’s name is injured or their reputation is damaged.
  3. Publication: This is where you write or broadcast something to someone else. This may be only to one other person or it may be on-forwarding something on social media or via email.

So many young people identify, defame and publish without realising it. To receive something defamatory on email and to then forward it on or even comment on it and forward those comments makes them libel.

The point of raising this subject with parents is to ensure that our boys have the knowledge to be on the right side of the law. In discussing these issues with the boys, the principles of good character and integrity will be highlighted. Being a responsible user of social media is a good test of character.

Cyber- bullying is often witnessed by many who condone it by not stopping it. Defamatory remarks against others can be damaging and hurtful and we ask that our boys step in and stop those who are publishing them. If we are informed about inappropriate use of social media, we will intervene if it affects another member of our community.

Many students use this forum well; for study purposes and sharing ideas which is encouraging. It is the minority of poor usage that brings down the reputation of many.

Have a great week!

 Mr Bob Meakin
Deputy Head of Stanmore – Head of Pastoral 

Newington

200 Stanmore Road
Stanmore NSW 2048
+61 2 9568 9333

contact@newington.nsw.edu.au
www.newington.nsw.edu.au

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