Thursday, May 5, 2011

Australian Anti-Trolling Law Put To The Test After Guy Broadcasts Having Sex Via Skype

We've seen plenty of governments over the past few years trying to pass laws that effectively outlaw being a jerk online. You can recognize the emotional thinking behind this. People who are jerks are annoying. And, certainly, at some level trolling can get ridiculous. But having very broad laws with vague definitions about "causing offense," seems to open up a Pandora's box of potential problems. Reader charliebrown alerts us to the news of an "anti-trolling law" in Australia that is being put to the test in a case against two (male) cadets from the Australian Defense Academy, after one broadcast his consensual sexual encounter with a third (female) cadet to the second male cadet. The law being used is one that is apparently designed to punish "online conduct that a reasonable person would find to be menacing, harassing or causing offence."

If that seems insanely broad, you've noticed the problem. This certainly isn't to suggest that what the guy did was right or even legal. But it's dangerous to use such a broad law. The fact is, any law should be pretty specific. When it's as broad as causing offense on the internet, you've pretty much outlawed almost everything. Anyone can be offended pretty easily at almost anything they find online. The simple fact is that there are some serious jerks online (and these two guys seem to fit into that category easily). But we shouldn't outlaw being a jerk just for the sake of being a jerk.

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