JavaScript is disabled in your web browser or browser is too old to support JavaScript. Today almost all web pages contain JavaScript, a scripting programming language that runs on visitor's web browser. It makes web pages functional for specific purposes and if disabled for some reason, the content or the functionality of the web page can be limited or unavailable.

Sunday, May 25, 2025

Penalties for unfair comment

by

20110619

The po­lice in­ter­ven­tion made in the mat­ter of for­mer jour­nal­ist Sasha Mo­hammed, whose com­put­er was traced as the source of threat­en­ing e-mails sent to Trinidad Ex­press ed­i­tor-in-chief Omatie Ly­der and re­porter An­na Ram­dass, opens a new chap­ter in com­mu­ni­ca­tions pro­to­cols in Trinidad and To­ba­go and sends a res­o­nant mes­sage to our In­ter­net com­mu­ni­ty. Mo­hammed was warned, "stern­ly" ac­cord­ing to re­ports, by of­fi­cers at­tached to the Cy­ber­crime Unit of the Po­lice Ser­vice that the trac­ing of In­ter­net records led in­ves­ti­ga­tors fol­low­ing the trail of "Jan­ice Thomas" to the IP ad­dress in use when the of­fend­ing e-mail was sent from her home.

As the own­er of the com­put­er, Mo­hammed was cau­tioned that she was re­spon­si­ble for its use and more specif­i­cal­ly, li­able for its mis­use, even if the fig-leaf de­fence that some­one else might have been us­ing the equip­ment were raised. The six-month long in­ves­ti­ga­tion rais­es new is­sues and aware­ness around the in­creas­ing use of In­ter­net anonymi­ty to en­gage in abu­sive and con­fronta­tion­al be­hav­iour that would be en­tire­ly out of place in civ­il com­pa­ny. First among these new de­vel­op­ments is a demon­stra­bly ca­pa­ble and en­gaged Cy­ber­crime Unit ca­pa­ble of meet­ing the needs and con­cerns of cit­i­zens who find them­selves tar­get­ed by per­sons mo­ti­vat­ed by the veil of anonymi­ty of­fered by the pro­to­cols of the In­ter­net. The oth­er con­cern that in­di­vid­u­als mo­ti­vat­ed to ha­rass us­ing the tools of the In­ter­net is the will­ing­ness of lo­cal In­ter­net Ser­vice Providers to re­spond to le­git­i­mate and well-served court or­ders re­quir­ing com­pli­ance with the laws of Trinidad and To­ba­go.

In a world in which some providers of In­ter­net ser­vices have some­times been slug­gish to re­spond to le­gal re­quests and even proved com­bat­ive­ly re­sis­tant to such re­quests, the en­force­ment of lo­cal laws is en­riched by such com­pli­ance if it is of­fered in re­sponse to for­mal le­gal re­quests backed up by re­al cas­es un­der in­ves­ti­ga­tion. The In­ter­net, through­out its his­to­ry, has strug­gled to find a bal­ance be­tween the open­ness of its ar­chi­tec­ture, the anonymi­ty that's so read­i­ly af­ford­ed to in­di­vid­ual par­tic­i­pants, the need for peo­ple to pro­tect their pri­va­cy when us­ing the Web and the need for ef­fec­tive polic­ing that's ca­pa­ble of re­spond­ing to le­git­i­mate com­plaints that arise in such an en­vi­ron­ment. While there are tech­nolo­gies that ex­ist which make such traces dif­fi­cult to com­plete, it is a sim­ple mat­ter of fact that it is of­ten the least savvy users who are most prone to make rash use of the tech­nolo­gies avail­able to them.

There is no bet­ter il­lus­tra­tion of this syn­drome than the com­ment­ing sys­tems that are avail­able on the Guardian Me­dia web­site and at the Trinidad Ex­press. Both news­pa­per's sites have had to aban­don stock com­ment­ing sys­tems for more ro­bust tech­nolo­gies which make it eas­i­er to screen the open­ly li­bel­lous and hos­tile con­tri­bu­tions that fil­ter in among the valu­able and wel­comed com­ments of our read­er­ship. The pres­ence of In­ter­net trolls is an un­avoid­able by-prod­uct of any In­ter­net based sys­tem which is held open to pub­lic com­men­tary and in the case of a news­pa­per's web­site, such mis­use opens the pub­li­ca­tion to le­gal ac­tion as part of its pub­lish­ing process.

Blog­gers and com­men­ta­tors who host their own com­men­tary sites or pub­lish us­ing pub­lic tools such as Face­book have tend­ed to as­sume that their state­ments ex­ist in a par­al­lel dig­i­tal uni­verse that's some­how pro­tect­ed from the laws of li­bel. These com­ments are not priv­i­leged un­der law, and the Mo­hammed case proves not on­ly that iden­ti­ties can be un­cov­ered along the per­sis­tent elec­tron­ic trails that mes­sages and posts leave be­hind, but that par­tic­u­lar­ly of­fen­sive out­bursts can be held to the same stan­dards as tra­di­tion­al­ly broad­cast or pub­lished com­ments and state­ments. The am­pli­fi­ca­tion of lo­cal voic­es and in­creased op­por­tu­ni­ty to com­mu­ni­cate opin­ions and points of view has not re­moved any of the re­spon­si­bil­i­ties or li­a­bil­i­ties of pub­lic dis­course which have gov­erned the tra­di­tion­al me­dia's re­la­tion­ship with so­ci­ety and to­day's blog­gers and com­men­ta­tors on the In­ter­net would be sen­si­ble to be guid­ed by the new re­al­i­ties that the Mo­hammed case has brought to the ta­ble.


Related articles

Sponsored

Weather

PORT OF SPAIN WEATHER

Sponsored