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A.B. v. Bragg Communications Inc.

A.B. v. Bragg Communications Inc. Social Media and the Law. Minds On (what a silly expression). Let us do a little poll: http:// www.polleverywhere.com/multiple_choice_polls/c0JXCjBzPomWCIJ. Mind On again…. Who has F acebook? Who has Twitter?

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A.B. v. Bragg Communications Inc.

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  1. A.B. v. Bragg Communications Inc. Social Media and the Law

  2. Minds On (what a silly expression) • Let us do a little poll: http://www.polleverywhere.com/multiple_choice_polls/c0JXCjBzPomWCIJ

  3. Mind On again… • Who has Facebook? • Who has Twitter? • When is a comment crossing the line in cyberspace? • How does the issue of the protection of our Rights and Freedoms relate to Social Media?

  4. Minds On…one more time • 3 Point Paragraph- (9 sentence paragraph) • Thesis • Development of ideas (3) • Point • Proof • Point • Proof • Point • Proof • Conclusion Should Canada Police Social Media?

  5. In the News • http://www.thestar.com/news/world/2013/03/20/us_high_school_football_players_charged_with_sexually_assaulting_13yearold_girl.html • http://www.thestar.com/news/world/2013/03/09/steubenville_big_red_football_players_stand_trial_on_sex_charges.html • http://www.thestar.com/news/world/2013/03/19/new_charges_in_steubenville_rape_case_send_message_to_social_media.html • http://www.socialmedialawupdate.com/articles/recent-media-law-cases/ • http://www.cbc.ca/news/technology/story/2012/05/10/facebook-cases.html

  6. A.B. v. Bragg • 15 year old girl found someone had posted a fake Facebook page profile using her picture and other identifying features of her • The commentary followed the post of the picture was specific to her appearance along with sexually explicit references • Through her father as guardian she requested the internet provider provide the identify of the person, the use of the IP address, to create the profile so as to bring an action in defamation • She asked for anonymity- two media groups opposed the request • The Supreme Court of Nova Scotia granted the request but denied the anonymity provision- no evidence of specific harm to the girl • The girl and father appealed to the Supreme Court and the SCC allowed the appeal

  7. Issues • Whether or not requesting the identify of a person for actions made in cyberspace for a defamation case was a violation of privacy rights • Whether or not allowing the request would constitute a violation of a person’s right to freedom of expression and freedom of the press • Balancing the rights of freedom of the press and the court system • Protection of children

  8. Decision • The vulnerability of children is recognized • Protection of children’s privacy is important • Cyber bullying is a phenomenon- there is a common sense understanding that it causes harm • “psychological toxicity” • Children are entitled to protect themselves from this • Public disclosure of their identify would hamper this ability • Victimization upon publication • The girls anonymous pursuit should be allowed

  9. Precedent and Significance • Canadians are now protected in seeking the identity of potential cyberbullies by being allowed to be anonymous in their pursuit • The court believed that being anonymous was allowed and therefore protected a victim’s privacy rights • Freedom of expression and freedom of the press are at most minimally harmed and the protection of children from cyberbullying, especially sexually explicit is so substantial as to allow the request for identity • What is the significance?

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