Sir, – The improper use of a person’s image, whether it be to fraudulently promote a cryptocurrency, through anonymous advertisements, or falsely to suggest that a person has died, is an issue that affects major social media platforms like Facebook and others seriously (“Gavin Duffy and Facebook Solve Advertisement Claiming Businessman Dead,” News, Jul 30).
As someone who has experienced abuse and threats on Facebook, I am sure that the case will resonate with many people, even though I know they have been using it for longer.
All too often, when we complain to Facebook or others, they are slow to take decisive action or accept complaints.
Ordinary lay complainants with little or no financial resources must obtain a court order to find out who is behind the use of their image, abuse, or threats in a privacy or defamation lawsuit, which is extremely frustrating and expensive.
The 2003 E-Commerce Directive, which was incorporated into Irish law, provides an important defense to social media companies like Facebook, which do not classify them as publishers of content posted online by users. The exit clause for them is not knowing the information is online until notified. Liability arises if the hosting social media platform is made aware of the content and does not take any measures or allows its continuous use before it takes action.
At the moment two laws are passed through the Dáil. The first is the draft law on online safety and media regulation and the second is the EU digital services law. This will change the e-commerce law we operate under and will set up a commission and regulator to monitor and regulate public content and complaints.
Too often, abusive and fraudulent anonymous users can walk away without criminal penalties.
It’s time governments and social media platforms took stronger action. – your etc.
CHRISTY GALLIGAN,
Briefkenny,
Co Donegal.
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