7. Social Media Basic Legal Issues – Copyright arises automatically in any original written or artistic work there is – no test of quality. It arises with posts, tweets, profiles, blogs and photos. Copyright in created by an employee in the course of their duties belong to an employer. Copyright in works created by a student are owned by the student unless assigned to the education establishment (i.e. copyright policy). If copyright is infringed and the post was made by an employee in the course of employment, the employer may be liable. Each social media site has clear terms and conditions about what is published usually making it clear that by publishing a free license is given for it to be reproduced and made available to the rest of the world by anyone. with regard to inappropriate posts Civil offences Defamation: A false statement must be made negligently and publically resulting in damage. It is considered that public bodies cannot bring defamation actions though individuals can (whether a public body can support their employee in doing this with financial backing is also questionable). It is an expensive process in money and time and prevention is the best way – getting the comments removed by the individual or the Internet service provider (ISP). Protection from Harassment Act 1997: This provides a civil offence of harassment allowing an individual to obtain an injunction to stop harassment and to obtain damages as appropriate. Harassment is defined as a course of conduct (of at least 2 occasions) causing the victim alarm or distress.n a civil court injunction to stop harassment occurring and to claim damages where appropriate. Criminal offences Malicious Communications Act 1998: This relates to a post that is ‘grossly offensive’. Recent Criminal Prosecution Service (CPS) guidance provides limited circumstances when they will consider prosecuting for a malicious communication, including where it amounts to credible threats of violence to the person or damage to property or harassment under the 1997 Act. Protection from Harassment Act 1997: This act also provides for a criminal offence in addition to the offence mentioned above. Sexual Offences Act 2003: This Act is often used by the police relating to grooming and other actions with children on social media.
7. Social Media – Basic Legal Issues Copyright arises automatically in any original written or artistic work – there is no test of quality. It arises with posts, tweets, profiles, blogs and photos. Copyright in created by an employee in the course of their duties belong to an employer. Copyright in works created by a student are owned by the student unless assigned to the education establishment (i.e. copyright policy). If copyright is infringed and the post was made by an employee in the course of employment, the employer may be liable. Each social media site has clear terms and conditions about what is published usually making it clear that by publishing a free license is given for it to be reproduced and made available to the rest of the world by anyone. with regard to inappropriate posts Civil offences Defamation: A false statement must be made negligently and publically resulting in damage. It is considered that public bodies cannot bring defamation actions though individuals can (whether a public body can support their employee in doing this with financial backing is also questionable). It is an expensive process in money and time and prevention is the best way – getting the comments removed by the individual or the Internet service provider (ISP). Protection from Harassment Act 1997: This provides a civil offence of harassment allowing an individual to obtain an injunction to stop harassment and to obtain damages as appropriate. Harassment is defined as a course of conduct (of at least 2 occasions) causing the victim alarm or distress.n a civil court injunction to stop harassment occurring and to claim damages where appropriate. Criminal offences Malicious Communications Act 1998: This relates to a post that is ‘grossly offensive’. Recent Criminal Prosecution Service (CPS) guidance provides limited circumstances when they will consider prosecuting for a malicious communication, including where it amounts to credible threats of violence to the person or damage to property or harassment under the 1997 Act. Protection from Harassment Act 1997: This act also provides for a criminal offence in addition to the offence mentioned above. Sexual Offences Act 2003: This Act is often used by the police relating to grooming and other actions with children on social media.
Social%20Media%20Guidance.docx