Locational libel
Wednesday, February 17, 2010 at 8:24PM
Image by takomabibelot
"Our intention is not, and never has been, to have people burglarized..."
but it will hopefully achieve its aim of making people think a little more carefully about how they share these details.
Meanwhile, I have identified another risk of these locational services and, in the process, have created a new legal concept (or at least a legal concept previously unknown to Google) which I am going to call "locational libel".
I have included a very rough guide of the requirements for libel and defamation in the FAQ section for those who want it, but the key concept is that the defamatory statement has to identify the person (or company) being defamed.
This is where the concept of locational libel comes in (strictly this may be locational slander, but I prefer the alliteration!).
A tweet to my followers reading
"just stormed out of meeting with solicitor - he is incompetent and crooked"
may or may not be defamation... it will depend on whether readers would see this as being "of and concerning" a particular solicitor or firm (and of course whether it is true!).
However, what if that tweet is tagged as being sent from the location of my particular solicitor's office meaning that in some Twitter clients the location shows up in Google Maps?
The answer isn't really clear at this stage, but I can't see any reason why a Court wouldn't accept this as identifying the claimant provided that at least one Twitter follower had made the connection.
You read it here first.... locational libel coming soon to a newspaper near you!
Thanks to takemobibelot for the image. Full attribution link and licensing:-
For the truly paranoid @chriscsefalvay made an excellent point on Twitter last night which I had never even considered:-
GPS positioning is never 100% accurate and the case of Hulton v Jones (commented on in this article in the Independent) is authority for the fact that it is no defence to a claim for defamation that the defendant did not intend to defame the claimant in question provided that "reasonable people" would believe that the statement did relate to the claimant.
Could this mean that a true statement made about Solicitor A whilst in their offices, but which is incorrectly geotagged as coming from Solicitor B's office could leave me liable for defamation of solicitor B?
On a strict interpretation this could be the case (although it seems extremely harsh).
Anyway, a great point from Chris - will be interesting to see how the law develops on this.
Please Rob Me,
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UK,
defamation,
geolocation,
law,
locational libel in
Defamation,
Internet Law,
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