- The legislation contains no new situations that occur in the virtual world, as twitterers that echo false news.
- “The problem we found is that the laws are local, you should go to international regulation”, experts say.
- The wrongly accused of pederast lord demands money to 10,000 twitterers .
- Complaints to tweeters generate a debate on freedom of expression .
They are increasingly frequent situations in the world ‘online’, which is no easy answer to the current legislation. The experts consulted agree that the responsibility must be determined according to a standard designed for the new medium .
“With the current regulation, which makes water are not the social networks , but the regulation , “said Carlos Sanchez Almeida, a lawyer specializing in Internet and social networks.
Precisely responsibility is this week in the spotlight. For the first time, someone has decided to do battle with thousands of authors of these messages of 140 characters to pay compensation for having defamed.
The British case
The victim, Briton Alistair McAlpine , a former adviser to Margaret Thatcher, who saw his name circulated online after mistakenly BBC program about child abuse in a foster home in Wales pointed toward him.
Thousands of Twitter users mistakenly identified him as the person responsible for such abuses and now the Lord intended that the holders of those Twitter accounts you pay .
experts consulted agree that such action is more symbolicthan actually effective. Since then Spain would be difficult to prosper.
And is that “the responsibility of tweets is not even remotely in the law, not even tangentially, “says Alejandro Touriño lawyer also. There is no resolution in Spain that refers to theresponsibility of twitterers .
The Head of the Information Technology Association of ÉCIJA remember that law and technology often go their separate ways.
A massive demand is a measure “wrong”
For Sánchez Almeida, pretending massive demand against twitterers approach is “absolutely wrong, because you have to differentiate between who and who generates the quote information . “
He insists that “you can not prosecute anyone who simply retweet what another says , unless expressly regulate “. In any case, “we should do it with a lot of caution because we could criminalize the entire society.”
The lawyer insists that the current Spanish law , a massive manhunt for tweeters is impossible.
In our legal system to be considered that a comment is libel or slander must be what is called thespirit of insulting , ie the intention truthfully.
This is another of the problems that exist in determining whether or not a breach occurred in the virtual world. Many times, the intent is not clear, because the authors of the tweet or blog are protected under the umbrella of the joke or irony .
And as new technologies advance, the legislature remains stuck in a regulation that is not useful or applicable to the new social reality.
The only solution, according to Sánchez Almeida, is ” adapt legislation and make it abundantly clear what is legal and what is not. “
The legislator who thinks of ways to control the information or social control based on hierarchical structures “are going to give blows with the globalized world,” said the lawyer.Therefore, “we must go to an international regulation on this. “